Isaac's Law — How to Create a Supported Decision-Making Agreement in Rhode Island

What Isaac's Law Changed

Rhode Island passed the Supported Decision-Making Act in 2019, establishing SDM as a legal alternative to guardianship under R.I. Gen. Laws §§ 42-66.13-1 through 10. But until 2024, SDM existed in a separate legal lane — families could use it, but the guardianship filing process didn't require courts to consider it.

Isaac's Law (Senate Bill S2112 and House Bill H7239, signed in 2024) closed that gap. The legislation amended R.I. Gen. Laws § 33-15-47, integrating Supported Decision-Making directly into the mandatory statutory probate forms for adult guardianship petitions.

The practical effect: any petitioner filing for limited or full guardianship must now explicitly declare under oath which less restrictive alternatives — including SDM agreements — have been explored and why each was deemed inappropriate. The statutory petition form (Form PC-2.3) lists Supported Decision-Making alongside Durable Powers of Attorney, Living Wills, Trusts, and Representative Payees. For every option marked "inappropriate," the petitioner must provide a written, clinical, or functional explanation.

This isn't just a checkbox. Probate judges now actively review SDM suitability in every guardianship filing. If you pursue guardianship without first genuinely exploring whether an SDM agreement could meet your young adult's needs, you're likely to face questions from the judge and the Guardian ad Litem.

How a Supported Decision-Making Agreement Works

Under an SDM agreement, the young adult (called the "principal") remains the sole legal decision-maker. They designate one or more trusted supporters — parents, siblings, friends, advocates — to help them gather information, understand options, and communicate decisions to third parties like doctors, schools, and banks.

The supporter doesn't make decisions for the principal. They help the principal make their own decisions. The distinction matters legally: the principal retains all civil rights — voting, entering contracts, choosing where to live — while getting structured help navigating complex choices.

This framework fits young adults who can express preferences and make life choices when information is broken down with support. It doesn't fit situations where the individual cannot reliably express preferences through any communication method and needs someone to make decisions on their behalf.

Step-by-Step: Creating a Valid SDM Agreement

Rhode Island law requires strict execution to ensure the agreement is legally enforceable and that third parties (healthcare providers, financial institutions, schools) can rely on it.

1. Use the statutory form. The agreement must conform to the form specified in R.I. Gen. Laws § 42-66.13-10. Disability Rights Rhode Island (DRRI) provides a fillable sample agreement based on this statutory template.

2. Define the scope. The agreement should specify which life domains the supporter will assist with — healthcare, education, finances, daily living, or any combination. You can designate different supporters for different domains (one supporter for medical decisions, another for financial matters).

3. Include supporter declarations. Each supporter must sign and date the agreement, declaring their relationship to the principal, their willingness to serve, and their understanding of the role's duties and boundaries.

4. Execute before a notary OR two qualified witnesses. This is where families often make mistakes. The agreement must be signed and dated by both the principal and all supporters in the presence of either:

• A notary public, OR
• Two adult witnesses

5. Observe witness disqualification rules. If using witnesses instead of a notary, the two adults cannot be:

• A supporter named in the agreement
• An employee or agent of any named supporter
• A paid provider of direct services to the principal
• Anyone who cannot understand the principal's specific communication method (unless a qualified interpreter is present)

How Third Parties Use the Agreement

Healthcare providers, educators, banks, and other institutions shall recognize a decision or request made or communicated with the named supporter's assistance in conformity with the Act as the principal's own. Under R.I. Gen. Laws § 42-66.13-8, a supporter may assist the principal in obtaining information to which the principal is entitled; a signed and dated specific consent is required for protected health or educational records.

If a provider questions the arrangement, the family can reference R.I. Gen. Laws §§ 42-66.13-7 and 42-66.13-8 directly. The agreement does not transfer decision-making authority to the supporter.

Revocation

Either the principal or any named supporter can revoke the agreement at any time by delivering written notice to the other parties. No court approval is required.

SDM vs. Guardianship: Not a Binary Choice

An SDM agreement doesn't prevent guardianship if circumstances change. If the young adult's functional capacity declines and the agreement no longer provides adequate protection, the family can still petition for limited guardianship. In fact, having an SDM agreement in place first strengthens a guardianship petition — it demonstrates that the family explored the least restrictive alternative, which is exactly what Isaac's Law requires the court to verify.

Conversely, if an existing guardianship is in place and the ward's capacity improves, the SDM agreement can be part of a guardianship termination petition. The family presents evidence that SDM now meets the individual's needs, and the court can restore rights accordingly.

The Rhode Island Adult Guardianship & Alternatives Guide includes a complete SDM agreement preparation checklist, a domain-by-domain scope worksheet, and a side-by-side comparison showing exactly where SDM, powers of attorney, and limited guardianship overlap and diverge.

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