New Hampshire Supported Decision-Making: How RSA 464-D Works

New Hampshire passed Senate Bill 134 in 2021, creating a formal legal framework for Supported Decision-Making agreements under RSA 464-D. The law gives adults with disabilities a way to get structured help with decisions — without giving up a single legal right. No court petition, no hearing, no judge, no filing fee. The person keeps full legal authority while designating trusted supporters who help them access, understand, and communicate information.

This matters because New Hampshire probate courts require petitioners to prove, beyond a reasonable doubt, that no less-restrictive alternative will work before granting guardianship. An SDM agreement is the statutory answer to that requirement.

What a Supporter Can and Cannot Do

A supporter under RSA 464-D is not an agent and does not make decisions for the person. The law draws a clear line:

Supporters can:

• Help the person access information relevant to a decision (requesting medical records, reading financial statements, attending meetings)
• Help the person understand their options by explaining information in accessible language
• Help the person communicate their own decision to third parties
• Be present at meetings with schools, healthcare providers, and financial institutions

Supporters cannot:

• Override the person's decision
• Sign documents on the person's behalf
• Access accounts or make financial transactions independently
• Make medical treatment decisions

This distinction is why banks sometimes ask for a power of attorney alongside an SDM agreement. The agreement proves the supporter is authorized to help, but it doesn't give them signing authority over accounts.

Execution Requirements

The agreement must meet specific statutory requirements under RSA 464-D:7 to be legally valid:

1. Written, dated, and signed by the principal (the person with the disability)
2. Witnessed by a notary public or two adult witnesses
3. Witness restrictions: Neither witness can be a named supporter, an employee of a supporter, or a paid service provider — unless that person is an immediate family member
4. Supporter declarations: Each named supporter signs a separate declaration stating their relationship, willingness to act, and acknowledgment of their statutory obligations

An agreement that uses a supporter or paid service provider as a witness is legally invalid, even if the person intended it to be binding. This is one of the most common execution mistakes.

How Schools and Hospitals Treat SDM Agreements

New Hampshire school districts are statutorily required to recognize SDM agreements. When a student with an SDM agreement makes an educational decision with their supporter's help, the school must honor that decision the same way it would honor a decision made independently.

Hospitals and healthcare systems generally accept SDM agreements in good faith and are granted statutory civil liability protection when they do. However, most hospitals will also ask for a signed HIPAA release to share protected health information with the supporter. The SDM agreement authorizes the supporter's role; the HIPAA release authorizes information sharing. They serve different legal functions.

SDM vs. Other Legal Tools

SDM agreements occupy a specific niche. They work well when the person has the capacity to make decisions with help but may struggle to process complex information independently. They are not appropriate when the person cannot understand or communicate a decision even with maximum support.

For families weighing their options, the practical comparison:

• SDM keeps all rights intact. Powers of attorney transfer specific authority. Guardianship removes rights by court order.
• SDM costs $0–$500. A durable POA runs $200–$1,000 through an attorney. Guardianship costs $1,500–$5,000+ in court and attorney fees.
• SDM can be revoked anytime. The person can terminate the agreement in writing or by verbal statement in front of two witnesses.

When SDM Isn't Enough

SDM has limits. If your child cannot understand the nature of the agreement even with support, they may not have the capacity to execute one. And because SDM doesn't transfer authority, situations requiring someone to sign on the person's behalf — consenting to surgery, entering contracts, or managing government benefits — need an appropriate authority such as a health care advance directive, durable power of attorney, representative payee, or guardianship instead.

The Disability Rights Center of New Hampshire maintains a free SDM toolkit with templates and guidance at drcnh.org. For a complete comparison of all NH legal authority options with execution requirements and decision worksheets, see the New Hampshire Adult Guardianship & Alternatives Guide.

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