Supporters tell committee that supported decision‑making law would expand options to guardianship

Committee on Judiciary · February 12, 2026

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Summary

House Bill 26 09 would create a statutory framework for supported decision‑making agreements, allowing adults to name supporters, setting duties and fiduciary limits, and providing third‑party recognition and penalties for misuse; disability advocates and clinicians urged passage as a less‑restrictive alternative to guardianship.

Jason Thompson, office of reviser of statutes, told the Committee on Judiciary that House Bill 26 09 would enact a Supported Decision Making Agreements Act comprising multiple new sections. The draft defines principals and supporters, sets duties and fiduciary obligations, requires written agreements, addresses third‑party recognition (for example, banks and medical providers), and adds misuse as a form of mistreatment of a dependent adult.

Several advocates and professionals testified in support. Mike Burgess of the Disability Rights Center of Kansas said the bill reflects recommendations from a Judicial Council advisory committee and that similar statutes exist in multiple other states; he provided a sample form and emphasized that supported decision making preserves the individual's decision authority while offering protections for supporters and third parties.

Dr. Laura Gaffney, a physician, said supported decision making improves patient safety, consent processes and health outcomes by clarifying information‑sharing and decision roles. Self‑advocates and family members described how the statute would reduce unnecessary guardianships, help schools and medical providers accept supporters, and provide an alternative for people who need assistance but not full guardianship.

Proponents acknowledged concerns raised in prior sessions by bankers and bar associations and said the current draft addresses many earlier objections; members asked technical questions about when guardianship remains appropriate and how to handle multiple supporters. The chair closed the hearing after proponents finished their testimony.