Supported Decision-Making Agreement California: AB 1663 Guide for Families
What Supported Decision-Making Actually Means Under AB 1663
When your child with a disability turns 18, every legal right you've held — signing IEPs, accessing medical records, making educational choices — transfers to them overnight. For many families, the instinct is to pursue a conservatorship. But California's Probate Conservatorship Reform and Supported Decision-Making Act (AB 1663), effective January 1, 2023, created a formal alternative that preserves your young adult's full civil rights while giving them the support they need.
A Supported Decision-Making Agreement (SDMA) lets your adult child choose trusted people — parents, siblings, mentors — to help them understand options, weigh consequences, and communicate decisions. The critical distinction: your young adult remains the decision-maker. Supporters advise. They don't override.
This matters practically because a conservatorship strips specific legal rights, requires $5,000–$10,000 in upfront court filings, and carries $2,000–$5,000 in annual compliance costs. An SDMA costs nothing beyond optional notarization fees, requires no court involvement, and can be modified at any time.
How to Create a California SDMA
The process is straightforward, but the details matter.
What the agreement must include:
- The name of the adult making decisions (the "principal")
- The name(s) of each supporter
- The specific life domains covered — education, healthcare, finances, daily living, or any combination
- The supporter's role for each domain (helping gather information, explaining options, communicating decisions to third parties)
- Signatures of both the principal and each supporter, plus two witnesses
What it does NOT include:
- Power to override the principal's decisions
- Authority to access financial accounts independently
- Permission to consent to medical procedures without the principal's agreement
The SDM Technical Assistance Program (SDM-TAP), run through the State Council on Developmental Disabilities (SCDD), provides free guidance and template resources for creating agreements. Contact your local SCDD regional office to schedule a consultation.
SDMA vs. Limited Conservatorship: When Each Applies
Not every young adult is a candidate for SDM alone. The right choice depends on your child's specific support needs.
| Factor | Supported Decision-Making | Limited Conservatorship |
|---|---|---|
| Decision authority | Young adult decides with support | Conservator holds specific legal powers |
| Legal rights retained | All civil and constitutional rights | Only rights not granted to conservator |
| Court involvement | None | Mandatory — filing, investigation, hearing |
| Cost | Free or minimal notarization | $5,000–$10,000 upfront; $2,000–$5,000/year |
| Flexibility | Add/remove supporters anytime | Court approval for any changes |
| Best for | Adults who can express preferences with support | Adults with significant cognitive disabilities who cannot safely make certain decisions even with support |
A limited conservatorship under Probate Code § 2351.5 grants up to seven specific powers — but only the powers the evidence shows are necessary. Any right not explicitly granted stays with the conservatee. If your child's primary need is help understanding complex paperwork or communicating preferences at IEP and IPP meetings, an SDMA likely covers it.
If your child cannot express a preference even with full support — for example, they cannot indicate whether they want to live at home or in a supported living arrangement — a limited conservatorship may be the appropriate path. Many families start with an SDMA and pursue conservatorship only for the specific domains where SDM proves insufficient.
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Using an SDMA at IEP and Regional Center Meetings
Once the SDMA is signed and witnessed, bring a copy to every meeting where decisions about your young adult's services are made. Present it to the IEP team chair or Regional Center service coordinator at the start of the meeting.
Present the agreement to the IEP team chair or Regional Center service coordinator as evidence of the young adult's consent for supporter participation. Schools, medical providers, and Regional Centers may still require their own FERPA, HIPAA, or agency-specific release. If a school district refuses to let a named supporter participate in an IEP meeting, ask what additional consent or release it requires and request the refusal in writing.
Pair the SDMA with a HIPAA authorization (for medical records) and a FERPA release (for educational records) to cover access gaps the SDMA alone doesn't address.
The Conservatorship Filing Timeline If You Need It
If limited conservatorship is the right path, start the probate petition process early enough to allow time for investigation and a hearing. You'll need the GC-335 Capacity Declaration from a physician and will receive GC-350 Letters of Conservatorship upon court approval.
The California IEP Transition to Adulthood Guide includes a Supported Decision-Making Mapping Worksheet that walks through each life domain — finances, healthcare, education, daily living — to help you identify exactly where your young adult needs support versus where they can operate independently. That domain-by-domain assessment is the foundation for both an SDMA and, if needed, a limited conservatorship petition.
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