Nevada Supported Decision Making Agreement: How to Create One Under NRS 162C

What an SDM Agreement Does

A Supported Decision-Making Agreement (SDMA) under Nevada's NRS Chapter 162C lets your adult child keep full legal decision-making authority while designating one or more trusted supporters — usually parents — to help them understand information, weigh options, and communicate decisions.

This is fundamentally different from a power of attorney. Under an SDMA, the supporter cannot sign documents on your child's behalf, enter contracts for them, or override their choices. Your child makes every decision. You help them get there.

Nevada formally codified supported decision-making in 2019, and SB 346 (effective October 2025) further strengthened the framework by requiring guardianship petitioners to demonstrate they've considered SDM agreements before seeking court intervention.

NRS 162C Requirements for a Valid Agreement

Nevada does not mandate a single official template — families can customize the agreement to their specific needs. But the agreement must satisfy mandatory criteria under NRS 162C.200:

1. Written and dated — oral agreements don't qualify.
2. Names the supporter(s) — you can designate one or more supporters, and each can have different roles.
3. Lists specific decision areas — the agreement must explicitly state which types of decisions the supporter will assist with (medical, financial, educational, residential) and any areas that are excluded.
4. Signed by all parties — both the principal (your child) and every named supporter.
5. Two adult witnesses — the agreement must be signed in the presence of at least two adult witnesses who are not named as supporters in the agreement.

There's no notarization requirement, though some families notarize the agreement anyway for extra credibility with third parties.

Capacity: The Threshold Is Lower Than You Think

Your child must enter the agreement voluntarily, without coercion, and understand its basic nature and effect. They don't need to understand every legal provision — they need to grasp the core concept: "I'm choosing this person to help me make decisions."

This is a significantly lower threshold than what a power of attorney requires (understanding the delegation of authority) and far below what guardianship establishes (a finding of legal incapacity). For many young adults with mild to moderate intellectual disabilities, SDM is the appropriate first option precisely because it requires the least capacity to execute while preserving the most autonomy.

How to Get Banks and Doctors to Accept It

This is the question that keeps parents up at night — and it's a legitimate concern. An agreement is only useful if the institutions your child interacts with honor it.

Nevada law is on your side. Under NRS 162C.310 and 162C.320, healthcare providers, educational institutions, financial entities, and state agencies are legally required to recognize decisions made through an SDMA. Third parties who rely on the agreement in good faith receive immunity from civil or criminal liability.

In practice, getting smooth acceptance requires preparation:

For healthcare providers: Present the signed SDMA along with a HIPAA authorization form. Having both documents together answers the two questions providers care about — "Can this person be in the room?" and "Can we share medical information with them?"

For banks and financial institutions: Schedule a meeting with a branch manager rather than showing up at a teller window. Bring the original signed agreement and a copy for their records. Point to the NRS 162C statutory reference — bank compliance officers respond to specific statutes.

For schools: If your child is still in special education, the educational representative designation under NRS 388.459 is actually the better tool for IEP decisions. An SDMA covers broader educational decisions but doesn't carry the same statutory weight with school districts for IDEA-related matters.

SDM vs. Other Options

An SDMA is the least restrictive formal legal tool available. Use it when your child can make decisions with help. Move to a power of attorney when your child needs someone to act on their behalf in specific areas. Consider guardianship only when neither contract-based option is viable.

Many families combine an SDMA with other instruments — for example, an SDMA for daily life decisions, a healthcare POA for complex medical situations, and a representative payee designation for SSI management. The instruments complement rather than replace each other.

For a complete walkthrough of drafting an SDMA alongside other transition documents, our Nevada Adult Guardianship & Alternatives Guide includes customizable worksheets and step-by-step instructions for every legal instrument in Nevada's supported decision-making hierarchy.

See more Nevada guides →