Supported decision-making (SDM) is an alternate arrangement to guardianship, which allows an individual the ability to make one’s own decisions with the help and support of others, rather than surrendering that right altogether to a guardian.
Suggested Document List
Power of Attorney –
Everyone who is capable of executing a power of attorney should have one. It can be tailored for very broad or very narrow powers, and it can always be revoked by the principal granting the power. Care should be a given when selecting an agent, who can exercise financial powers on behalf of the principal, and who is a fiduciary with respect to the principal, always owing the principal the highest degree of honesty and having the obligation to act in the principal’s interest, not in the agent’s interest.
Health Care Proxy –
This can take a form of a health care proxy, living will, or a hybrid/combined form of this document. An agent is appointed to make health care decisions for a principal. Generally, it is not effective until a principal loses the capacity to personally make health care decisions, as determined by the principal’s primary care physician. Like the power of attorney, the health care proxy is revocable. The health care proxy may contain provisions for present care and treatment, decisions for end-of-life, and delegation for decisions on a wide variety of care, therapy, and treatment.
HIPAA Authorization –
This is an authorization allowing an individual to obtain confidential medical information. A HIPPA authorization can be limited in term (for example expiring after six months) or may be perpetual.
Valuable Document Locator–
Familiar to estate planners, this is an inventory of valuable documents, and where they are located. For example: Is there a safe deposit box? Where is the key? Is there an insurance policy? Where is the policy located?
While not exhaustive, the above list is a starting point to guide an individual in a supported decision-making arrangement, and the documents suggested will assure that the arrangement will operate smoothly, successfully, and long term.
