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What is Supportive Decision-making in the Orlando, Florida and Lake Mary, Florida Areas? 

There was an excellent article on this topic written by Caitlyn Gibbons in the Elder Law Advocate Volume XXXII No.1 Winter 2025 Page 7. In the article, the author discusses Supportive Decision-making, an alternative to Guardianship. House Bill (HB 73)-The Supportive Decision-making law was signed into effect in the summer of 2024.  

The author goes on to tell us that Supportive Decision-making is a formalization of the decision-making process that many of us use when making a big decision. She states that we seek information and advice, weigh the risks and benefits, decide, and then implement the decision. The author states that for some, including those with cognitive impairments, this process may not come naturally. The author states that Supportive Decision-making is codified in Florida statute as a non-durable power of attorney. Supportive Decision-making can be used to shore up those skills and prevent the need for substitute decision-making. As the least restrictive alternative, it allows for no substitute decision-making but does allow the supporter to assist the decision-maker in relaying their decision. 

Supportive Decision-making, referred to as SDM, is an alternative to guardianship. According to the author, the non-durable nature of Supportive Decision-making is its superpower. The author states that because it does not survive incapacity, there is no role for substitute decisions in the context of Supportive Decision-making. The author states because of its non-durable nature, it is best to include Supportive Decision-making as a package of guardianship alternatives. 

The author states that, for a client who expects their capacity to decline over time, a Supportive Decision-making agreement can be the first line of defense against the removal of rights. Once the client lacks the capacity to engage in Supportive Decision-making, a previously executed durable power of attorney, health care surrogate form, and/or representative payee agreement can take its place. Then, only if all these alternatives prove insufficient, a guardian advocacy, limited guardianship, or plenary guardianship may be pursued. 

If you have more questions regarding an Elder Law or Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.