summary
Introduced
02/05/2026
02/05/2026
In Committee
02/10/2026
02/10/2026
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 as an alternative to guardianship for adults with disabilities by requiring inquiries into its appropriateness during guardianship proceedings and by strengthening the requirements for supported decision-making agreements. Specifically, when a petition for guardianship is filed, a guardian ad litem (a court-appointed representative to protect the respondent's interests) must ask the person if a supported decision-making agreement or a limited guardianship (a less restrictive form of guardianship) would be a better option than full guardianship. The court must also make this inquiry and inform the individual of their right to modify or end a guardianship in favor of a supported decision-making agreement. The bill also updates the Supported Decision-Making Agreement Act to ensure these agreements are written in plain language, clearly outline the roles of the principal (the person receiving support) and the supporter, require supporter training, and include information on how to report abuse, neglect, or exploitation. Furthermore, the existence of a supported decision-making agreement can be used as evidence in court for reasons other than proving someone's capacity or incapacity, and these agreements need to be reviewed and updated every two years.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/10/2026)
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