Supported Decision-Making Agreement Texas: How SDMAs Work Under Chapter 1357

The Day Your Child Turns 18, You Lose Legal Authority

On your child's 18th birthday in Texas, the law presumes they are a fully autonomous adult. You lose the automatic right to access their medical records, speak to their doctors, manage their finances, or participate in their school's ARD (Admission, Review, and Dismissal) meetings. This happens regardless of the severity of their disability.

For many families, the instinct is to pursue guardianship — a court order that transfers legal decision-making from the adult child to a court-appointed guardian. But guardianship is expensive ($4,500 to $10,000+), strips the individual of civil rights, and requires ongoing court reporting. Texas created a less restrictive alternative: the Supported Decision-Making Agreement.

What an SDMA Does

A Supported Decision-Making Agreement (SDMA) is a legally binding document under Chapter 1357 of the Texas Estates Code. Texas was the first state to codify this framework when it passed SB 1881 in 2015.

The SDMA does not transfer decision-making power. Instead, it creates a formal relationship between an adult with a disability (the "decider") and one or more supporters who help them make their own decisions. The adult retains all legal rights — to vote, marry, drive, sign contracts, and manage their own affairs.

A supporter's role is limited to three things:

1. Accessing information. The supporter can help the adult obtain medical records, financial statements, educational files, and other documents they need to make informed decisions. Third parties — banks, hospitals, schools — are legally required to honor a properly executed SDMA and provide access.
2. Explaining options. The supporter can translate complex information into terms the adult understands, break down the pros and cons of each option, and help them think through consequences.
3. Communicating decisions. The supporter can help the adult express their decision to others — a doctor, a school administrator, a landlord — but cannot make the decision for them.

The supporter has fiduciary duties: they must act in good faith, stay within the authority granted in the agreement, act loyally and without self-interest, and avoid conflicts of interest.

How to Execute a Valid SDMA in Texas

For an SDMA to be legally enforceable, it must meet specific execution requirements:

• Voluntary. Both the adult with a disability and the supporter must enter the agreement voluntarily, without coercion or undue influence.
• Written. The agreement must be in writing and signed by both parties.
• Witnessed. The signing must take place in the presence of either a notary public OR two subscribing witnesses who are at least 14 years old.

The witnesses cannot be: the person named as a supporter, the adult's healthcare provider or an employee of that provider, or the adult's residential care provider or an employee of that provider. These exclusions prevent conflicts of interest.

Disability Rights Texas publishes a free model SDMA form that meets all statutory requirements. You do not need an attorney to create an SDMA, though some families choose to consult one to customize the scope — for example, limiting the agreement to medical decisions only, or extending it to cover financial and educational decisions.

Under House Bill 2624, Texas also authorized licensed legal paraprofessionals in estate planning and probate law to advise clients on SDMAs without direct attorney supervision. This expanded access to affordable help for families who want professional guidance but cannot afford a full attorney consultation.

SDMA vs. Guardianship: When Each Applies

The decision between an SDMA and guardianship depends on the adult's actual capacity — not their diagnosis.

SDMA is appropriate when the adult can participate in decisions with support. They may need help understanding information, evaluating options, or communicating their choices, but they can express preferences and engage in the process. Most adults with intellectual disabilities, autism, or learning disabilities fall into this category.

Guardianship may be necessary when the adult's cognitive or communication impairments are so severe that they cannot participate in decisions even with support. Texas law defines this as being "substantially unable" to provide food, clothing, or shelter, manage physical health, or administer financial affairs.

Texas law requires schools to provide families with written notice about the transfer of rights and guardianship alternatives at least one year before the student turns 18, under Texas Education Code § 29.017 and Senate Bill 58. The notice must include information about SDMAs, educational powers of attorney, and the appointment of an educational representative.

How SDMAs Work in School Settings

After age 18, the adult student — not the parent — holds all IDEA rights in the ARD process. Senate Bill 58 explicitly requires school districts to recognize an SDMA as a valid instrument for the adult student to authorize their parent or another supporter to participate in ARD and IEP meetings. The student remains the decision-maker, but the supporter can attend, ask questions, and help the student understand the transition plan.

This is especially important during the transition years (18-22) when the ARD committee is still developing the IEP and the student may be receiving Pre-Employment Transition Services through TWC-VRS. An SDMA keeps the parent in the room without requiring guardianship.

What Happens If Someone Refuses to Honor Your SDMA

Texas law mandates that third parties — healthcare providers, financial institutions, schools, employers — rely on a properly executed SDMA. A person or institution that acts in good faith based on an SDMA is immune from civil and criminal liability.

If a bank, doctor's office, or school refuses to honor your SDMA, you have recourse. Disability Rights Texas (the federally designated protection and advocacy agency) can intervene. You can reach them at 1-800-252-9108 or submit an intake request online.

For step-by-step instructions on executing an SDMA alongside the SSI redetermination, Medicaid waiver coordination, and ABLE account setup, the Texas SSI at 18 & Adult Disability Benefits Guide covers the full sequence.

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