Kansas Supported Decision-Making Act (SB 84): What Families Need to Know

Kansas signed Senate Bill 84 on April 7, 2026, and the Supported Decision-Making Agreements Act took effect on July 1, 2026. For the first time, Kansas has a formal statutory framework that lets adults with disabilities get decision-making help without any court involvement — and without giving up a single legal right.

How SB 84 Works

A Supported Decision-Making Agreement is a written document where a principal (the adult who wants help) names one or more supporters (trusted people) to assist with specific life decisions. The key distinction from guardianship or power of attorney: the principal remains the sole legal decision-maker. Supporters help the principal understand information, evaluate options, and communicate choices — they never decide for the principal or sign documents on their behalf.

The agreement must be:

• Written, dated, and signed by both the principal and each supporter
• In substantial compliance with the Kansas Judicial Council template
• Specific about which areas the supporter can help with (medical scheduling, reviewing housing options, evaluating employment, understanding financial statements)
• Accompanied by a signed declaration from each supporter acknowledging their fiduciary duties and legal responsibilities

What Supporters Can and Cannot Do

Supporters can accompany the principal to medical appointments, help them understand treatment options, access medical and educational records (with HIPAA/FERPA consent documented in the agreement), review bank statements and financial histories, and assist in communicating the principal's decisions to third parties.

Supporters cannot execute documents on the principal's behalf, sign for them, access online banking accounts or transaction portals, or exert any coercion or undue influence. These are statutory prohibitions, not guidelines. Violations are prosecuted under Kansas dependent adult and elder person mistreatment laws.

How SB 84 Connects to the Substituted Judgment Standard

The 2026 guardianship reforms under KUGCOPAA (HB 2359) replaced the old "best interest" standard with a "substituted judgment" requirement. Guardians must now make decisions aligned with the individual's own values, wishes, and beliefs. SB 84 takes this philosophy further: instead of a guardian interpreting someone's wishes, the person expresses their own wishes directly — with a supporter's help processing and communicating them.

Courts now must confirm that no less-restrictive alternative — including a supported decision-making agreement — can meet the person's needs before granting a guardianship petition. A valid SB 84 agreement is strong evidence that the individual can participate in their own decisions.

When an SDM Agreement Is Enough (and When It Is Not)

An SDM agreement works well when the individual can understand that they are entering into the agreement and grasps its general nature and effect. They do not need to understand every legal nuance — they need to understand that they are choosing people to help them with decisions.

An SDM agreement is not appropriate when the individual genuinely cannot participate in any decision-making process, even with substantial support. For someone with severe cognitive impairment who cannot express preferences or respond to information in any form, families typically need a limited guardianship for specific areas while preserving all other rights.

Many families find that a combination works best: an SDM agreement covering daily decisions, a durable power of attorney for healthcare emergencies, and a representative payee for SSI benefits — all without going to court.

Revoking or Terminating the Agreement

Either party can end the agreement at any time. The principal can revoke all or part of it. A supporter can withdraw. Both require a written, dated, signed termination delivered in person, by certified mail, or electronically. If the principal is later adjudicated incapacitated by a court, the agreement terminates automatically.

Getting Started

The Kansas Judicial Council publishes the official SDM agreement template. But the template alone does not explain how to structure the agreement for your family's specific needs, which areas to include, how to handle situations where providers push back, or how to coordinate it with other legal tools like powers of attorney.

The Kansas Adult Guardianship & Alternatives Guide covers the full SB 84 framework, including a step-by-step drafting walkthrough, the exact HIPAA/FERPA language needed for record access, and strategies for getting providers and financial institutions to honor the agreement.

See more Kansas guides →