Founding Attorney
Needing help with a decision does not automatically mean you need a guardian. In Texas, a supported decision-making agreement allows an adult with a disability to choose a trusted supporter who helps them understand information and communicate choices. The adult keeps the authority to make their own decisions.
For families exploring alternatives to guardianship, this arrangement can provide practical assistance while protecting independence. The right approach depends on what help you need and whether you can make decisions with that support.
What Is a Supported Decision-Making Agreement?
A supported decision-making agreement is a voluntary arrangement recognized under the Texas Supported Decision-Making Agreement Act. It identifies your supporter and the areas in which you want assistance.
Those areas may include healthcare, housing, employment, or everyday financial matters. You might understand your options more easily when someone explains unfamiliar terms or breaks a complicated choice into smaller steps.
Your supporter assists you through that process. They do not gain authority to override your preferences or decide for you. Texas law preserves your decision-making authority within the relationship.
What Can Your Supporter Help You Do?
Depending on the agreement, your supporter may help you:
- Gather records relevant to a decision, such as medical or financial information.
- Understand your options and the possible consequences.
- Compare choices using explanations you can understand.
- Communicate your decision to a healthcare provider, employer, or another person.
For example, if you are considering a new living arrangement, your supporter could help you review costs and ask questions about available services. You would still decide where you want to live.
A supporter must act in good faith, stay within the agreement’s authority, and avoid conflicts of interest. They must also protect confidential information obtained while helping you. Choose someone who respects your wishes, including when you disagree.
How Do You Create an Agreement in Texas?
You must enter the agreement voluntarily, without pressure or undue influence. You also need to understand the arrangement, including what help your supporter will provide and that you remain the decision-maker.
The agreement should identify your supporter and specify the assistance you authorize. Texas law requires it to substantially follow the statutory form, although it may be combined with another agreement.
Both you and your supporter must sign before a notary public or at least two subscribing witnesses. Witnesses must be at least 14 years old.
Keep the signed document accessible and share it with people involved in the decisions it covers. Discuss how the support will work before an urgent situation arises.
When Is Supported Decision-Making an Alternative to Guardianship?
Supported decision-making may fit when you can make your own decisions with assistance but have difficulty processing information or expressing your choices.
For example, a young adult with a developmental disability may benefit from help understanding healthcare paperwork while remaining able to choose treatment. A disability diagnosis alone does not establish that guardianship is needed.
Texas recognizes these agreements for adults who need daily decision-making assistance but are not considered incapacitated for guardianship purposes. If someone cannot make necessary decisions even with support, other legal arrangements may be needed. We can help you evaluate which level of assistance fits your circumstances.
What Are the Agreement’s Limits, and Can You End It?
The agreement does not authorize your supporter to sign contracts, consent to treatment, or control accounts on your behalf. If you want someone to act for you, a separate document, such as an appropriate power of attorney, may be needed. Providers may also request releases for protected records.
Either party can end the agreement, and its terms may set an expiration date. Certain events also terminate it under Texas law, including qualifying findings of abuse by the supporter or the qualification of an appointed guardian.
Build a Plan That Respects Your Choices
At the Law Office of Carey Thompson, PC, we help you evaluate decision-making support as part of your estate and incapacity planning. We can review whether a supported decision-making agreement fits your needs and explain when additional documents may be appropriate.
Contact us to discuss a plan that supports your daily decisions and preserves your voice.