Spectrum Arch, Inc.The day your child turns 18, the law treats them as an adult. Doctors, banks, and schools will expect to deal with them directly. For many families of autistic young adults, that raises an immediate question: how will big decisions get made now?
For a long time the default answer in New York was guardianship. It still has its place. But since July 2022, New York has had a law that recognizes a different approach, and it's worth understanding before you go to court.
What Supported Decision-Making is
Supported Decision-Making, or SDM, means the adult makes their own decisions, with help from people they trust. Those supporters might explain options, go to appointments, help read paperwork, or talk through pros and cons. The decision stays with the person.
New York's law, Article 82 of the Mental Hygiene Law, gives this a formal shape. An SDM agreement has to be written and dated. It names the decision-maker and at least one supporter, and it lists which kinds of decisions they want support with, and what kind of support.
Two parts of the law are especially important. It starts from a presumption that adults have capacity, and it says plainly that a diagnosis of a developmental disability is not, by itself, evidence that someone lacks capacity. And it is meant to give third parties, like doctors and banks, a basis for recognizing decisions made this way.
How it differs from guardianship
Guardianship for people with intellectual and developmental disabilities in New York usually goes through Surrogate's Court under Article 17-A. A guardian is given legal authority to make decisions for the person. That can be the right answer when someone truly can't participate in decisions, even with support. But it removes rights, and it is hard to undo.
SDM keeps rights in place. It fits many autistic adults who can make decisions well when information is presented clearly and someone they trust is in the room.
It doesn't have to be all or nothing
Some families use SDM for everyday and medical decisions, alongside other tools such as a health care proxy or power of attorney. What fits depends on the person. The honest question to ask is: with the right support, what can my son or daughter decide for themselves?
Getting help
The law sets out specific requirements for how an agreement is made and signed. SDMNY, a New York project that has worked on SDM for years, has plain-language information and can point you to facilitators. For guardianship, or if you're unsure which way to go, talk with an attorney who knows disability law.
Sources: NY Mental Hygiene Law Article 82; SDMNY, New York's new SDMA law; DAWGNY, Supported Decision-Making in NY.