Bill > HB149

This bill establishes the Supported Decision-Making Act, which creates a legal framework for adults with disabilities to receive assistance in making life decisions while maintaining their autonomy. The act defines key terms like "supported decision-maker" (an adult seeking help with decisions) and "supporter" (an adult who assists with decision-making). The bill allows adults to voluntarily enter into agreements with supporters who can help them understand options, access relevant information, and communicate decisions, but explicitly prohibits supporters from making decisions on the person's behalf. The agreement must be in writing, signed voluntarily, and specify the types of decisions the supporter can assist with. Critically, the bill presumes that individuals with disabilities have capacity to make their own decisions, and a diagnosis of intellectual or developmental disability cannot automatically be used to challenge their decision-making abilities. The bill includes protections such as disqualifying certain individuals (like those with violent criminal records) from serving as supporters and requiring supporters to act in good faith and prioritize the supported decision-maker's will and preferences. Additionally, the bill creates a supported decision-making program within the Developmental Disabilities Council to provide resources, facilitate agreements, and monitor compliance, with an initial appropriation of $289,000 to establish the program in fiscal year 2026.

Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=149&year=25