New Hampshire Supported Decision-Making Agreement: RSA 464-D Explained

What RSA 464-D Creates

New Hampshire's Supported Decision-Making statute (RSA 464-D), signed into law via Senate Bill 134 in August 2021, gives adults with disabilities a legally recognized alternative to guardianship. Under an SDM agreement, the individual — called the "principal" — retains all their legal rights while designating trusted people as "supporters" who help them make decisions.

This isn't an informal arrangement. RSA 464-D makes the agreement enforceable: third parties — banks, doctors, schools, government agencies — must recognize the supporter's role and provide access to information the principal has authorized them to receive.

How It Differs from Guardianship

The fundamental difference is who holds the decision-making authority.

Under guardianship (RSA 464-A), the court transfers some or all decision-making rights from the individual to the guardian. The guardian makes decisions for the person. The individual's legal capacity is formally restricted by court order, and restoring those rights requires going back to court.

Under SDM, the individual keeps all their rights. Supporters help the principal gather information, understand options, evaluate consequences, and communicate decisions. But the final decision always belongs to the principal. No court involvement is required to create or end the agreement.

RSA 464-D:3 adds an important protection: signing an SDM agreement cannot be used as evidence of incapacity in any legal proceeding. This matters because families sometimes worry that acknowledging a need for decision-making support could be used against the individual later — to argue they need a guardian, for example. The statute explicitly prevents that.

When SDM Works and When It Doesn't

SDM works well for individuals who can understand options when they're presented clearly and can express a preference, even if they need help gathering information or thinking through consequences. This includes many adults with intellectual disabilities, learning disabilities, autism spectrum conditions, and mental health conditions.

SDM doesn't work when the individual is unable to communicate a decision even with support, or when they consistently make choices that put them in immediate danger despite understanding the risks. In those situations, the family may need to pursue limited or full guardianship through probate court.

Many families find that SDM covers most daily decisions — medical appointments, financial choices, housing, employment — while a limited guardianship addresses one or two specific areas where the individual genuinely cannot participate in decision-making.

Setting One Up

The agreement is executed without court involvement. Under RSA 464-D, it must be signed in the presence of either:

1. A notary public, justice of the peace, or commissioner of deeds
2. Two adult witnesses — The agreement is signed in the presence of two adults who are not named as supporters

The Disability Rights Center of New Hampshire (DRC-NH) and the Parent Information Center (PICNH) both offer a model SDM agreement form that follows the statutory requirements. The form covers which life areas the supporter will assist with (healthcare, education, financial, legal, housing, employment, government benefits) and what specific types of access the supporter has — for example, the right to accompany the principal to medical appointments and receive health information.

The agreement can name multiple supporters for different areas. One person might support healthcare decisions while another handles financial matters.

There's no filing requirement — the agreement doesn't need to be registered with any court or government office. The principal keeps the original and provides copies to supporters and relevant third parties (doctors, banks, the school district, the Area Agency).

Schools Must Mention SDM

Under RSA 186-C:3-c, if guardianship is raised during an IEP meeting for a student approaching 18, the school district must inform the family about SDM as a less-restrictive alternative. If your school's transition coordinator only mentions guardianship, cite this statute. The school has a legal obligation to present the SDM option.

This requirement reflects New Hampshire's broader preference for the least-restrictive decision-making arrangement. The state's guardianship standard — incapacity proven beyond a reasonable doubt — is intentionally high precisely because alternatives like SDM exist.

Revoking or Modifying the Agreement

The principal can revoke an SDM agreement at any time, in writing or orally in the presence of two witnesses. No court approval needed. If the individual's needs change — they need a different supporter, or they want to add or remove areas of support — a new agreement can be executed to replace the old one.

If you're weighing SDM against guardianship for a young adult approaching 18, the New Hampshire SSI at 18 & Adult Disability Benefits Guide includes an SDM Supporter Worksheet that maps out which decisions need support, who the right supporters are for each area, and what access authorizations to include in the agreement.

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