Supported Decision Making in Colorado

A Legal Framework That Keeps Your Child in the Driver's Seat

Colorado passed Senate Bill 21-075 in 2021, creating one of the country's most comprehensive Supported Decision-Making (SDM) statutes. Codified under C.R.S. §§ 15-14-801 through 15-14-806, the law gives adults with disabilities a formal way to get help making decisions — without giving up a single legal right.

That distinction matters. Unlike guardianship, which transfers decision-making authority to someone else, SDM keeps the adult fully in control. Supporters help gather information, explain options, and communicate decisions, but the final call always belongs to the person with the disability.

How SDM Agreements Work Under Colorado Law

An SDM agreement is a written document where an adult with a disability names one or more supporters — family members, friends, professionals — who will assist them in specific areas of life. The law calls this group a "supportive community."

The agreement must specify:

• Which areas of life the supporter will help with (medical, financial, educational, housing, employment — any combination)
• What the supporter can do: access information, help weigh options, assist in communicating decisions to third parties like doctors, banks, or schools
• What the supporter cannot do: make decisions on behalf of the person, sign documents as the person, manage property, or override the person's choices

Each supporter also agrees to specific terms — providing accurate information, respecting the adult's final decisions, avoiding coercion, and acting as a mandatory reporter of abuse or neglect under C.R.S. § 18-6.5-108.

Execution Requirements

Colorado law requires the agreement to be:

• Signed voluntarily by both the adult and their supporters
• Witnessed by a notary public or two disinterested adult witnesses (the witnesses can't be the supporters themselves)
• Written in plain language the adult can understand

No court filing is required. No attorney is required (though one can help if the situation is complex). The agreement takes effect immediately upon proper execution.

What Makes Colorado's Law Particularly Strong

Two features set Colorado's SDM statute apart:

Third-party safe harbor (C.R.S. § 15-14-806): Doctors, banks, landlords, and other service providers who rely on a valid SDM agreement in good faith are shielded from civil and criminal liability. This is huge — it directly addresses the fear that providers will refuse to honor the agreement.

No expiration requirement: The agreement stays in effect until either party terminates it or an agreed-upon expiration date passes. Best practice is an annual review to make sure it still fits the person's needs and preferences, but the law doesn't mandate one.

When SDM Works and When It Doesn't

SDM is a strong fit when:

• The adult can understand and communicate basic decisions with support
• The gaps are about accessing information or navigating complex systems, not about fundamental capacity
• The adult wants to maintain independence while having a safety net
• The family wants to avoid the cost, time, and rights restrictions of guardianship

SDM won't work when:

• The adult cannot communicate preferences at all, even with assistive technology
• There's a genuine safety risk that requires someone else to have authority to act
• Financial management requires fiduciary accountability (SDM doesn't create a fiduciary relationship)

For those situations, the next step might be a Medical Durable Power of Attorney, a Financial Power of Attorney, a representative payee arrangement, or — as a last resort — limited guardianship.

SDM as Part of a Larger Support System

Most families don't use SDM alone. They layer it with other tools — an MDPOA to cover medical emergencies, HIPAA releases for healthcare access, a representative payee for SSI management. The SDM agreement handles the everyday decision-making gaps, while targeted legal instruments cover the specific areas where more formal authority is needed.

The Colorado Guardianship & Alternatives Guide includes step-by-step instructions for building this layered approach, with a decision worksheet that maps your child's specific needs to the right combination of supports. It covers SDM agreement requirements, execution procedures, and implementation strategies for presenting the agreement to providers.

Talking to Providers Who Haven't Heard of SDM

Despite the 2021 law, some Colorado doctors, schools, and banks still aren't familiar with Supported Decision-Making agreements. When a provider pushes back, the key is citing the specific statute — C.R.S. § 15-14-806 — and pointing to the safe harbor protection. Providers who act in good faith reliance on a valid agreement are legally protected.

Having a properly executed agreement with the statutory citation printed on it goes a long way. The Colorado Guardianship & Alternatives Guide covers exactly how to handle these conversations, including what to do if a provider still refuses to cooperate.

See more Colorado guides →