summary
Introduced
02/05/2026
02/05/2026
In Committee
02/17/2026
02/17/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Probate Act of 1975. Requires that a guardian ad litem in a petition seeking a guardianship of an adult with alleged disability to inquire with the respondent before the hearing on whether a supported decision-making agreement is an appropriate alternative to guardianship or a limited guardianship is an appropriate alternative to plenary guardianship. Requires that the court make the same inquiry at the hearing and advise the respondent of the right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Allows the existence of a supported decision-making agreement to be entered into evidence for purposes other than as evidence of capacity or incapacity. Requires that a support decision-making agreement must be written in plain language and include the following: (1) a list of the areas in which both the principal requests support and the supporter agrees to provide support; (2) the supporter's agreement that the supporter is not disqualified from acting as a supporter under the Act; (3) the supporter's agreement that the supporter will complete the training required by the Act; (4) a statement that a supporter is not authorized to make a decision for the principal; and ( 5) information about how to report suspicion that an adult with a disability is being abused, neglected, or exploited by the supporter. Requires that a supported decision-making agreement must be signed by the principal and each supporter. Provides that the principal may use reasonable modifications, such as assistive technology or physical assistant, to sign the agreement. Provides that a supported decision-making agreement should be reviewed by the principal and all supporters every 2 years and, updated as needed, in the same manner as an initial supported decision-making agreement is executed. Makes other changes.
AI Summary
This bill aims to promote supported decision-making (SDM) as an alternative to guardianship for adults with disabilities, ensuring they retain autonomy and control over their lives. It mandates that during guardianship proceedings, a guardian ad litem (a court-appointed advocate) and the court itself must inquire whether an SDM agreement or a limited guardianship would be more appropriate than full guardianship for the individual. The bill also updates the Supported Decision-Making Agreement Act to require these agreements to be written in plain language, clearly outlining the areas where a principal (the person receiving support) requests assistance and a supporter agrees to provide it, along with the supporter's commitment to training and a clear statement that they cannot make decisions for the principal. Furthermore, it specifies that the existence of an SDM agreement can be presented in court for purposes other than proving someone's capacity or incapacity, and it requires these agreements to be reviewed and updated every two years, with provisions for reporting suspected abuse, neglect, or exploitation of the principal by the supporter.
Committee Categories
Justice
Sponsors (1)
Last Action
Assigned to Judiciary (on 02/17/2026)
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