Michigan Supported Decision Making

Michigan Doesn't Have an SDM Statute — Yet

Supported Decision-Making (SDM) is the least restrictive alternative to guardianship: the individual retains all their legal rights while designating trusted supporters — parents, siblings, friends, professionals — to help them understand information, weigh options, and communicate decisions. The individual makes the final call; the supporters provide structure and guidance.

As of mid-2026, Michigan has not enacted a standalone SDM statute. Unlike states such as Texas, Delaware, or Wisconsin that have specific supported decision-making laws defining formal SDM agreements and requiring third parties to honor them, Michigan families working with SDM are operating under a voluntary, informal framework.

This matters practically. An informal SDM agreement in Michigan does not carry the weight of a court order. Hospitals, banks, and school districts are not legally mandated to recognize or honor it. If a financial institution refuses to let your supporter sit in on a transaction, there's no Michigan statute you can point to that compels acceptance.

But "no statute" doesn't mean "no legal standing" — and treating SDM as legally useless is a mistake that pushes families toward guardianship unnecessarily.

Where SDM Already Has Legal Weight in Michigan

MDHHS promotion. Michigan's Department of Health and Human Services actively promotes supported decision-making through its SDM toolkit, person-centered planning guidelines, and community engagement resources. The state's official position treats SDM as a preferred, less restrictive alternative to guardianship — not a fringe concept.

Probate court practice. Michigan probate courts are legally required to apply the "least restrictive alternative" principle before appointing a guardian. Judges routinely ask whether the family explored SDM, powers of attorney, and representative payee arrangements before filing a petition. Families who arrive at a guardianship hearing without evidence of attempting less restrictive alternatives face an uphill battle.

House Bill 4676. Introduced in the 2025–2026 legislative session by Representative Sharon MacDonell, HB 4676 directly amends Section 602 of the Mental Health Code (MCL 330.1602) to legally mandate that probate courts explore supported decision-making, powers of attorney, trust management, and representative payees before appointing a guardian for an individual with a developmental disability. The bill passed the House Committee on Families and Veterans and was reported with a substitute recommendation (H-1) in August 2025, moving to its second reading.

If HB 4676 becomes law, courts won't just be encouraged to consider SDM — they'll be required to. And the documentation showing that SDM was attempted (or that it failed to address specific vulnerabilities) will become a mandatory element of any guardianship petition.

Building a Legally Binding SDM Framework Today

The absence of a formal SDM statute doesn't mean Michigan families can't construct a functional supported decision-making arrangement using the legal tools that do exist. The strategy is to translate the SDM concept into Michigan's current statutory instruments:

Patient Advocate Designation (MCL 700.5506). Covers medical and mental health decisions. The designated advocate's authority activates only when the attending physician and a second independent physician or licensed psychologist certify in writing that the individual can't participate in treatment decisions — meaning the individual retains full medical autonomy as the default, with a backup decision-maker for genuine incapacity.

Durable Financial Power of Attorney (MCL 556.201 et seq.). Covers financial transactions, banking, and benefits management. Under the 2024 Uniform Power of Attorney Act, the principal can customize exactly which powers to grant and which to retain. A young adult can authorize a parent to manage their bank account while retaining the right to make their own housing and employment decisions.

FERPA release. Covers educational records and IEP participation. Michigan's special education eligibility extends through the 26th birthday, so this document maintains parental involvement in educational planning for years after the turning-18 transition.

Representative Payee (Social Security Administration). Covers SSI and Social Security benefit management. A separate federal process — the parent applies directly to SSA, which conducts its own evaluation.

Used together, these four instruments create a functional framework for support in separate domains. Each instrument has its own scope and execution rules; none turns the informal SDM arrangement itself into a court order.

The key difference between this statutory-toolkit approach and a single "SDM agreement" form: each instrument has its own execution requirements, its own scope, and its own enforcement mechanism. A bank that might shrug at an informal SDM agreement cannot refuse a properly executed Durable Power of Attorney under the UPOAA without risking court-ordered acceptance and liability for attorney fees.

When SDM Isn't Enough

SDM works when the individual can participate in decisions with support. It doesn't work when the individual cannot understand, at any level, that they're receiving support — when cognitive impairment is severe enough that the person cannot process the options being presented, even with skilled assistance.

In these situations, the family faces a genuine guardianship need. But even then, the court prefers a limited guardianship that removes only the specific decision-making powers the individual demonstrably cannot exercise, rather than a plenary guardianship that strips all rights.

The Michigan Adult Guardianship & Alternatives Guide includes a decision-support spectrum that maps each level of intervention — from informal SDM to limited guardianship — against specific functional capabilities, helping families identify exactly which tool fits their situation without defaulting to the most restrictive option.

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