Supported Decision-Making Agreement in Connecticut

A Supported Decision-Making agreement lets your adult child keep full legal authority over their own life while designating trusted people to help them make decisions. The individual chooses their supporters, decides what areas they want help with, and can revoke the arrangement at any time. No court is involved, no rights are removed, and no judge determines capacity.

For many Connecticut families approaching the eighteenth birthday transition, this is the first option to explore — before considering a power of attorney, healthcare representative, or any form of court-ordered guardianship or conservatorship.

What an SDM Agreement Actually Looks Like

A Supported Decision-Making agreement is a written document that typically specifies:

• The decision-maker — the individual with a disability, who retains all legal authority
• The supporters — one or more trusted people (parents, siblings, advocates, counselors) designated to help
• The domains of support — which life areas the individual wants help with (healthcare, finances, housing, education, daily living, social relationships)
• How support works — the supporters help gather information, explain options, identify consequences, and communicate the individual's decision to third parties, but they do not make the decision themselves
• Duration and revocation — the agreement typically specifies a review date and confirms that the individual can end it at any time

There is no state-mandated template in Connecticut. The agreement is a private contract between the individual and their supporters. However, having it in writing — signed, witnessed, and notarized — gives it significantly more practical weight when presented to banks, hospitals, schools, and government agencies.

The Current Legal Status in Connecticut

Here is where families often get confused. Connecticut recognizes Supported Decision-Making as a concept within its transition planning framework, but the state does not yet have a comprehensive statute that forces third parties to honor SDM agreements.

The current legal landscape:

C.G.S. Section 10-74s (effective 2023) requires the Connecticut State Department of Education to create plain-language online resources about decision-making alternatives, specifically including SDM, for transition-aged students (age fourteen and older) and their parents. This is a disclosure mandate — it ensures families hear about SDM — but it does not create enforceable rights against third parties.

Special Act 26-12 (signed June 2, 2026) established a legislative working group to study the implementation of Supported Decision-Making agreements in Connecticut. The working group must file a final report with recommendations by December 31, 2026. The group is specifically tasked with determining what documentation financial institutions should require to recognize SDM, how supporters should interact with healthcare providers under HIPAA, and how FERPA protections apply when a supporter accompanies the individual in educational settings.

What this means in practice: Connecticut is moving toward statutory SDM recognition, but as of 2026, an SDM agreement does not carry the same legal force as a power of attorney or healthcare representative designation. Banks can refuse to interact with a supporter. Hospitals can decline to share information with a supporter unless a separate HIPAA authorization is signed. Schools may not accept a supporter's involvement without a FERPA consent form or written delegation of educational rights.

Why SDM Agreements Still Matter

Despite the enforcement gap, SDM agreements serve critical functions right now:

Probate court evidence. If someone later files for guardianship or conservatorship over the individual, a working SDM agreement is powerful evidence that less restrictive alternatives exist. Under Connecticut's least-restrictive-alternative mandate, the probate court cannot appoint a guardian or conservator if informal supports are meeting the individual's needs. A documented, functioning SDM agreement directly supports this argument.

Provider relationships. Many Connecticut healthcare providers, financial institutions, and educational programs will voluntarily honor an SDM agreement, especially when it is accompanied by standard legal documents. A notarized SDM agreement paired with a HIPAA authorization and a durable power of attorney covers most practical situations.

Personal development. The process of creating an SDM agreement builds the individual's decision-making skills. Identifying areas where they want support, choosing their own supporters, and understanding the scope of the arrangement are all exercises in self-determination.

How to Create an SDM Agreement in Connecticut

Step 1: Identify the decision areas. Sit down with the individual and discuss which parts of their life they want help with. Common domains include healthcare choices, financial management, housing decisions, education or employment planning, and social relationships. The individual decides — not the parents.

Step 2: Choose supporters. The individual selects trusted people for each domain. A supporter for healthcare decisions might be a parent, while a supporter for social activities might be a sibling or close friend. There is no limit on the number of supporters, and different people can serve in different domains.

Step 3: Draft the agreement. Write out each domain, who the designated supporter is, and what kind of help the supporter will provide. Be specific — "help me understand my medical options by explaining them in simple language" is more useful than "help with healthcare."

Step 4: Execute with formalities. Sign the agreement with two adult witnesses and have it notarized. While Connecticut does not legally require these formalities for SDM agreements, they dramatically increase the document's credibility when presented to third parties.

Step 5: Pair with legal backup documents. Because SDM agreements lack third-party enforcement, pair the agreement with a HIPAA authorization (for healthcare information access), a FERPA consent form (for education records), and — if the individual has capacity to execute one — a durable power of attorney for financial matters and a healthcare representative designation under C.G.S. Section 19a-576.

Free Help From Disability Rights Connecticut

Disability Rights Connecticut (DRCT) operates a free, confidential Supported Decision-Making Clinic. The clinic helps individuals with disabilities and their families draft and notarize SDM agreements at no cost.

DRCT's SDM Clinic provides:

• One-on-one consultation with the individual to assess what support they want
• Assistance drafting the agreement in plain language
• Notarization of the completed document
• Guidance on pairing the SDM agreement with other legal documents

Contact DRCT at 1-800-842-7303 or [email protected] to schedule a clinic appointment. DRCT is Connecticut's designated Protection and Advocacy system, located at 75 Charter Oak Avenue, Suite 1-101, Hartford.

What Happens After Special Act 26-12

If the legislative working group's recommendations lead to statutory SDM recognition, Connecticut would likely join the growing number of states that have enacted formal SDM laws. A statutory framework would typically include:

• A standardized SDM agreement form
• Civil and criminal immunity for third parties who rely in good faith on a valid SDM agreement
• A requirement that financial institutions, healthcare providers, and educational programs honor SDM agreements
• Protections against abuse by supporters

Until that legislation passes, the current best practice is to create a private SDM agreement, execute it with full formalities, and supplement it with enforceable legal documents that cover the gaps. The Connecticut Adult Guardianship & Alternatives Guide includes a decision worksheet that helps determine which combination of SDM, power of attorney, healthcare representative, and educational delegation covers the individual's specific needs without court involvement.

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