Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
Yes | Neutral | Neutral | Positive | Neutral | Positive |
The bill would add a chapter to the Estates Code and
establish a voluntary supported decision-making agreement (SDMA) between an
adult with a disability and a supporter who accommodates an adult to enable
them to make life decisions. The bill would require the SDMA to be signed in
the presence of a notary public or two or more subscribing witnesses who are at
least 14 years old. The bill would create an outline for a valid SDMA.
The SDMA would be terminated if the Department of Family and
Protective Services (DFPS) finds the adult with a disability has been abused,
neglected, or exploited by the supporter; or if the supporter is found
criminally liable for the aforementioned conduct. Otherwise, the SDMA ends when
it is terminated by either party or by the agreed upon date.
The objective of the legislation is to recognize a less restrictive
alternative to guardianship for adults with disabilities who need assistance
with decisions regarding daily living but who are not considered incapacitated
persons for purposes of establishing a guardianship. Establishing a SDMA empowers adults with disabilities to exercise their decision-making rights without coercion which promotes our
individual liberty and personal responsibility principles. We support
SB 1881.