Pennsylvania Supported Decision Making Legislation: Where the Law Stands

The Current Legal Status of SDM in Pennsylvania

Pennsylvania recognizes supported decision-making as a valid less restrictive alternative to guardianship, but the Commonwealth does not yet have a standalone statute that gives SDM agreements enforceable legal weight with third parties.

Here's what that means in practical terms. Under Act 61 of 2023, which took effect June 11, 2024, Orphans' Court judges are required to consider whether SDM and other supports can address an individual's needs before granting any guardianship petition. The court must make specific findings about why less restrictive alternatives are insufficient. SDM is explicitly part of that analysis.

What Pennsylvania lacks is the next step — a law that requires banks, hospitals, landlords, and other institutions to honor an SDM agreement the way they would honor a power of attorney. Without that statutory backing, a supporter who shows up at a doctor's office with an SDM agreement may be told it isn't a recognized legal document.

Senator Collett's Co-Sponsorship Memorandum

On January 12, 2026, Senator Maria Collett circulated a co-sponsorship memorandum in the Pennsylvania Senate proposing legislation to establish a formal legal framework for supported decision-making agreements. The proposed bill would model Pennsylvania's approach after states like Texas and Massachusetts, which have enacted comprehensive SDM statutes.

The key provisions in Collett's proposal would:

• Define a supported decision-making agreement as a written document between an individual and one or more supporters who help the individual understand, make, and communicate decisions
• Require third parties to recognize these agreements, giving them legal force similar to a power of attorney for the specific scope of support described
• Preserve the individual's legal capacity — the supporter assists with decisions but does not make decisions for the person
• Include safeguards against abuse, such as prohibitions on supporters who have conflicts of interest or who have been convicted of financial exploitation

The co-sponsorship memo is a proposal-stage document, not enacted law. Check the Pennsylvania Senate for any later bill or action before relying on it.

Why the Gap Matters for Families

The practical impact of Pennsylvania's current gap falls hardest on families navigating the transition at 18. A young adult with mild to moderate cognitive impairments who can participate in decision-making — with help understanding options and communicating choices — fits the SDM model well. But without a statute, families often layer multiple legal documents to achieve what a single SDM agreement could handle in states with formal frameworks.

The typical workaround in Pennsylvania right now involves:

• A HIPAA authorization for medical record access
• A FERPA release for educational records
• A durable healthcare power of attorney (if the individual has capacity to execute one)
• A durable financial power of attorney
• An informal or written SDM agreement that coordinates how supporters help

Each document targets a specific institution or right. Together, they approximate the coverage that a recognized SDM agreement would provide in one step. It works, but it requires the young adult to have enough capacity to execute the POA documents — and it introduces complexity that a single statutory framework would eliminate.

What 19 Other States Have Done

As of 2026, at least 19 states have enacted some form of SDM legislation. Texas was the first in 2015, followed by states including Delaware, Indiana, Rhode Island, and Massachusetts. The common elements across these statutes include:

• Written agreements that are voluntary and revocable
• A defined role for supporters that does not transfer decision-making authority
• Third-party recognition requirements
• Abuse prevention provisions

Pennsylvania's In re Peery precedent established that a person is not incapacitated under the guardianship statute if they have an active circle of support helping them make and communicate decisions. Collett's bill would build on this judicial recognition by creating the statutory infrastructure that courts and institutions can rely on.

Planning While the Law Evolves

Families shouldn't wait for legislation to pass before establishing decision-making supports. The layered approach — SDM agreement plus targeted POAs and releases — provides meaningful protection right now. And if Pennsylvania does enact an SDM statute, families with existing agreements will likely find it easier to transition to the new framework than those starting from scratch.

The Pennsylvania Adult Guardianship & Alternatives Guide includes templates and step-by-step instructions for building this layered approach, from evaluating capacity through executing each document in the right sequence.

See more Pennsylvania guides →