Indiana Supported Decision Making Agreement

What an SDM Agreement Does Under Indiana Law

A Supported Decision-Making (SDM) agreement under Indiana Code § 29-3-14 lets an adult with a disability keep all of their legal rights and decision-making authority while naming one or more supporters who help them gather, analyze, and communicate information. The supporters advise — the adult decides.

This is fundamentally different from guardianship or a power of attorney. Under SDM, nobody speaks for the adult. Nobody signs on their behalf. Nobody overrides their choices. The adult retains full legal autonomy, and the supporters serve as a structured safety net for the information-processing challenges that make some decisions difficult.

Indiana formally recognized SDM agreements in 2019 through Public Law 68-2019, making it one of a growing number of states with specific SDM legislation.

The 2021 Notarization Requirement

Public Law 185-2021 added a critical execution requirement: all SDM agreements in Indiana must be signed in the presence of a notary public. This mandate took effect April 29, 2021, and applies to all agreements executed after that date.

The notarization requirement was added to prevent fraud and coercion — specifically, to ensure the adult is voluntarily entering the agreement without pressure from supporters or family members. A witness-only SDM agreement executed after April 2021 is not legally enforceable in Indiana.

Standard notary fees run $0–$50 depending on whether you use a mobile notary or one at a bank or shipping store. This makes SDM one of the lowest-cost legally binding decision-making instruments available — no attorney required, no court filing, no ongoing reporting obligations.

What the Agreement Must Include

Under IC § 29-3-14-7, a valid SDM agreement must contain:

• Identification of the adult and each named supporter
• The specific decision-making domains the supporters will assist with (healthcare, finances, education, daily living, etc.)
• Separate, signed consents from each supporter detailing their willingness to serve, their relationship to the adult, and their acknowledgment of supporter duties
• The adult's signature, executed in the presence of a notary public

There is no mandatory state template. Indiana Disability Rights (IDR) and The Arc of Indiana distribute model forms, and many families draft their own with attorney assistance. The critical elements are the supporter consents and notarized execution — without both, the agreement may not hold up when presented to an institution.

The Capacity Threshold Is Deliberately Low

One of the most important features of Indiana's SDM statute is the capacity standard. Under IC § 29-3-14-4, an adult may create, modify, or revoke an SDM agreement even if they lack the capacity to independently manage their own healthcare, legal, or financial affairs — as long as the agreement is entered into voluntarily and without coercion.

This is a dramatically lower bar than the "sound mind" requirement for a durable power of attorney. It means SDM is available to adults who might not have the cognitive capacity to execute a POA but who can still communicate preferences and participate in decisions with support.

The statute also explicitly states that executing an SDM agreement cannot be used as evidence of incapacity in any court proceeding. Signing an SDM agreement doesn't make your child more vulnerable to a guardianship petition — if anything, it demonstrates that a less-restrictive alternative is already in place.

Can SDM Actually Prevent Guardianship?

Yes, and Indiana law is explicit about it. Senate Enrolled Act 380 modified Indiana's probate code to require all guardianship petitioners to prove they considered less-restrictive alternatives before filing. Courts must evaluate whether SDM, powers of attorney, healthcare representatives, and other instruments are sufficient before granting a guardianship petition.

The Wayne Superior Court case In re the Guardianship of Jamie Beck put this principle into practice: the court terminated an existing adult guardianship specifically because Supported Decision-Making was a sufficient alternative. If a court can terminate an active guardianship in favor of SDM, it can certainly deny a new petition when SDM is already meeting the adult's needs.

Having a properly executed SDM agreement in place before anyone files a guardianship petition is the strongest preventive measure available. It shows the court that the adult's decision-making needs are already being addressed through a less-restrictive arrangement.

Practical Challenges and How to Handle Them

The biggest real-world obstacle is institutional recognition. Banks, hospitals, and schools are familiar with guardianship orders and powers of attorney. SDM agreements are newer, and front-line staff may not know what they are.

When presenting an SDM agreement to an institution, bring a copy of the statute (IC § 29-3-14) along with the agreement itself. Remind them that IC § 29-3-14-4 prohibits treating the agreement as evidence of incapacity and that the adult retains all legal authority — the supporter is there to help the adult exercise that authority, not to replace it.

For healthcare settings, pairing an SDM agreement with a Health Care Advance Directive (IC § 16-36-7) provides comprehensive coverage — the SDM handles day-to-day medical communication, and the directive activates a Healthcare Representative if the adult ever loses decisional capacity.

The Indiana Adult Guardianship & Alternatives Guide includes the complete SDM framework — execution requirements, supporter consent templates, institutional presentation strategies, and how SDM integrates with the other six legal instruments available to Indiana families.

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