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Ohio Senate unanimously adopts bill recognizing supported decision-making as alternative to guardianship
Summary
The Ohio Senate passed Substitute Senate Bill 35 to formally recognize supported decision‑making plans as a less restrictive alternative to legal guardianship for adults with developmental disabilities. The measure passed 31-0 and directs the Department of Developmental Disabilities to produce a model plan and informational materials.
The Ohio Senate on its floor in Columbus passed Substitute Senate Bill 35, which recognizes supported decision‑making plans as a less restrictive alternative to legal guardianship for adults with developmental disabilities, by a 31-0 vote.
Supporters said the bill provides a formal, protective pathway for adults who can make decisions with help from trusted supporters while preserving autonomy and court oversight.
Substitute SB 35 defines a supported decision‑making plan as a written agreement between an adult with a developmental disability (the principal) and one or more supporters chosen by that adult to assist with making, communicating or implementing the adult's decisions. The bill requires the Department of Developmental Disabilities to develop a model supported decision‑making plan and informational materials for individuals, families and professionals. Supporters must act in good faith, disclose conflicts of interest, and the principal may modify or end the plan at any time. The legislation also preserves court authority to investigate suspected coercion or abuse and bars use of a support agreement as evidence of incapacity.
Senator Serino, the bill sponsor, said the measure will “promote autonomy for individuals with disabilities” and give families “a solid foundation” for continuing to provide support without resorting to guardianship. Senator Kristina Reynolds said the bill addresses the current “blunt instrument” of guardianship and argued that “needing help to make decisions is not the same as being unable to make them.” Senator Michele Hicks Hudson noted procedural safeguards, including notarization or two adult witnesses when the plan is executed.
The bill passed the Senate after unanimous committee approval. The Senate also agreed to the bill’s title before adjournment.
Votes at a glance: Senate passage, Substitute Senate Bill 35 — Yes: 31; No: 0. The formal title was agreed to following passage.
