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Advocates ask Connecticut Council to back law recognizing supported decision making
Summary
Jonathan Martinez and members of a statewide coalition told the Council on Developmental Services that a statute formally recognizing supported decision making would give families and people with disabilities a clear, statewide option while leaving guardianship available; they described toolkits, clinics and education to support use.
Advocates for supported decision making asked the Council on Developmental Services on Feb. 20 to endorse legislation that would formally recognize supported decision making across Connecticut.
Jonathan Martinez, a member of the Connecticut supported decision making coalition, told the council the practice — asking trusted people for help gathering information and weighing options — is already how many people make decisions. "What supported decision making is is what you're doing right now," Martinez said, adding that a law would prevent recognition of that approach from depending on a judge, lawyer or ZIP code.
The coalition emphasized the proposal does not seek to eliminate guardianship. "You will never hear me or anyone else on the coalition say that guardianship is not an option," Martinez said, noting families should retain the right to seek guardianship when appropriate.
Shannon Jacovino, DDS ombudsperson, and others said the coalition includes the Arc of Connecticut, Disability Rights Connecticut and the State Independent Living Centers. Jacovino and Gretchen Knopf noted free clinics and guides already in place to help families prepare supported decision making agreements. Jacovino told the council she had emailed the proposed legislation and supporting resources to members in advance.
During questions, council member Michael Belloff asked whether families could use sample agreements without hiring attorneys. Martinez said Yale University is working with the coalition to develop a free supported decision making toolkit that will include sample agreement language and practical forms families and professionals can use. He also said the coalition is running public education sessions; Martinez noted an evening session with more than 60 family members and professionals had signed up.
Advocates and council members discussed practical issues such as how health-care providers would accept agreements and how probate courts currently handle related matters. Carol Scully of The Arc of Connecticut clarified Connecticut uses health-care proxies rather than a medical power-of-attorney, and multiple members said supported decision making can be used alongside guardianship in many families.
The council did not take a vote that night and Chair Patty Silva said members would discuss the request and follow up after internal deliberation. Advocates offered to return for additional presentations and Q&A.
Next steps: council members requested time to review the emailed materials and indicated they would revisit the request for formal support at a later meeting.
