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Council debates supported decision‑making measure, members ask for clearer statutory language

Connecticut Department of Developmental Services Council · March 24, 2025
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Summary

Council members discussed a proposed supported decision‑making policy, with questions about implementation, protections, and whether it would be an alternative to guardianship; members requested clearer statutory language and suggested inviting an expert to brief the council.

Members of the Connecticut Department of Developmental Services council held an extended discussion about a proposed supported decision‑making approach and whether the council should endorse it.

Phyllis Simmer raised practical concerns about how a support team would be assembled and guaranteed in practice, asking, "Who's gonna do you see what I'm saying? Who's gonna... how is that assured?" Her questions centered on implementation details she said were missing from the circulated materials.

Michael Belloff described supported decision‑making agreements as implemented in other states, comparing them to enhanced forms of power of attorney and noting the approach is typically intended to preserve an individual’s legal decision‑making while allowing designated supporters to gather information and facilitate choices. He told council members the option normally starts at age 18 and can be an alternative for some individuals who would otherwise be placed under guardianship.

Faye Lenz and others stressed the need to be explicit in legislative language that supported decision‑making is an additional option, not a blanket replacement for guardianship or conservatorship, and recommended careful review of draft statutory text during the bill‑drafting process.

Council members asked staff to invite an expert who has worked on supported decision‑making legislation to brief the council in a future meeting and agreed to continue the conversation at the next meeting so members can review more precise statutory language and implementation models.

The council did not take a formal vote on endorsing the measure at the meeting; members agreed to continue discussion and requested clearer written language for review.