Supported Decision-Making and Alternatives to Guardianship Action Plan

An individual is legally considered an adult at the age of 18. This is called the age of majority. Before this happens, an individual and their family/care partner will need to decide on how to support the young adult’s self-determination. Supported decision-making refers to the many ways we all get assistance making decisions that affect our lives. Full or limited guardianship is appropriate when the young adult is unable to understand or make their own decision.

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Acronym Key: SDM = Supported Decision Making | IEP = Individualized Education Program

Supported Decision Making

Understand what supported decision-making (SDM) includes and how to use it.

Approximate Age: 12 | Who can help: Individual and Family

Resources: Supporting choice and self determination videos About supported decision-making Supported decision making and alternatives to guardianship

Develop and practice decision-making skills.

Approximate Age: 12 | Who can help: Individual and Family

Resources: Supporting choice and self determination videos

Continually evaluate decision-making skills and capacity.

Approximate Age: 12 | Who can help: Individual and Family

Resources: Guardianship handouts

Set developmentally-appropriate goals to develop decision-making skills through SDM.

Approximate Age: 12 | Who can help: Individual and Family

Resources: Supported decision making handouts

Contact Disability Rights NC if interested if advocacy assistance is needed related to guardianship or restoration of a person’s guardianship.

Approximate Age: Circumstantial | Who can help: Disability Rights NC

Resources: Restoration to competency Disability Rights contact form

IEP Process

Support the student to have input on their IEP goals through practice expressing one’s needs, preferences, and interests.

Approximate Age: As early as possible and ongoing | Who can help: Individual, School/IEP Team, and Family

Resources: Self advocacy IEP goal ideas

If a student is not participating already, they should begin to participate in the IEP meeting. This is an important opportunity for the student to practice self-determination and learn how to advocate for their own future.

Approximate Age: 14 | Who can help: Individual, School/IEP Team, and Family

Resources: 4 ways students can take an active role in their IEP meetings Student involvement in the IEP manual

The IEP Team will discuss the transfer of rights at least one year prior to the student reaching age 18, age of majority. This is to make sure the student and parents understand that the student’s right to make educational decisions for the IEP will transfer to the student when he or she turns 18. * In most cases, the transfer of rights at age 18 is an appropriate action. In some cases, if the student is unable to understand or make their own decisions, parents may wish to consider full or limited guardianship. Keep in mind there are many alternatives to guardianship. Supported decision-making offers a range of options that give parents an opportunity for continued input into the student’s educational path.

Approximate Age: 17 | Who can help: Individual, School/IEP Team, and Family

Resources: Rethinking Guardianship NC

Preparing to turn 18

Understand what legal status and age of majority mean. It is important that all are aware of the legal changes that happen when a person turns 18 and what it means for the individual and the family/care partner regarding decision making.

Approximate Age: 12 | Who can help: Individual and Family, Special Needs Attorney

Resources: Getting ready for the age of majority

Support the individual’s development of communication skills for sharing personal information such as mailing address, date of birth, phone number. Address safety precautions regarding protecting this information.

Approximate Age: 12 and ongoing | Who can help: Individual and Family

Resources: Learning how to provide personal info Be internet awesome

Set up power of attorney and healthcare power of attorney to take effect when the individual turns 18.

Approximate Age: 17 | Who can help: Individual and Family, Special Needs Attorney

Resources: Rethinking Guardianship PDFs Free power of attorney form

Consider whether a limited guardianship, guardianship of the person and/or guardianship of the estate may be appropriate.*With any of these options, supported-decision making is still an important tool for centering the individual in decisions that pertain to them.

Approximate Age: 17 | Who can help: Individual and Family, Special Needs Attorney

Resources: Healthcare power of attorney info Power of attorney info

If the individual is not their own guardian, ensure that designated guardianship wishes are relayed in the parents’ will and letter of intent. (add period)

Approximate Age: 18 | Who can help: Individual and Family, Special Needs Attorney

Resources: Succession planning for guardians

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