Supported Decision-Making in North Dakota

When a child with a disability turns 18 in North Dakota, every legal right transfers to them — medical decisions, educational consent, financial choices, all of it. Parents who've spent years managing appointments, signing IEPs, and coordinating care suddenly have no legal authority to do any of those things. The instinct is to file for guardianship. But North Dakota's 2019 Supported Decision-Making statute offers a less restrictive alternative that preserves the young adult's autonomy while keeping parents in the loop.

What an SDM Agreement Does

Under N.D.C.C. Chapter 30.1-36, a Supported Decision-Making agreement lets the young adult — called the "Named Individual" — designate one or more trusted people as "Supporters." Those supporters help the individual understand information, weigh options, and communicate decisions. The individual remains the decision-maker. The supporter assists the process without replacing it.

The scope of an SDM agreement can cover any combination of:

• Healthcare decisions
• Residential choices
• Financial management
• Education
• Legal matters
• Vocational decisions

The statute draws a hard line on what supporters can and cannot do:

Supporters can:

• Help gather medical records, financial documents, and educational materials
• Explain complex information in accessible language
• Identify available options and their consequences
• Communicate the individual's decisions to third parties — doctors, banks, schools, employers

Supporters cannot:

• Make decisions for the individual
• Sign documents on the individual's behalf
• Act as a surrogate decision-maker
• Override the individual's expressed wishes

This distinction matters. An SDM agreement doesn't give a parent power of attorney. It creates a legally recognized framework for the kind of assistance many families already provide informally — but formalizes it so that third parties must respect it.

Third Parties Must Accept It

One of the strongest provisions in North Dakota's SDM statute is the third-party mandate. Medical clinics, financial institutions, schools, and other organizations are legally required to accept and rely on a valid SDM agreement when they receive a copy. They cannot refuse to work with a supporter or demand a guardianship order instead when the statutory requirements are met.

A third party can decline to rely on the agreement if it has cause to believe the Named Individual is being abused, neglected, or exploited by the Supporter, or has actual knowledge or notice that the agreement is invalid or has been terminated.

This protection solves a problem that families hit constantly. Without a formal legal document, a doctor's office can refuse to discuss treatment with a parent. An SDM agreement can formalize the supporter's role, but the Named Individual may still need to sign a separate written authorization for confidential records. A bank can refuse to let a parent sit in on account decisions. The agreement supports the young adult's requested involvement without removing their legal standing.

How to Execute a Valid SDM Agreement

The requirements under N.D.C.C. § 30.1-36-07 are straightforward:

1. The agreement must be in writing
2. It must be dated
3. It must be signed by both the Named Individual and each Supporter
4. The signatures must be verified by either:
   • A licensed Notary Public, or
   • Two qualified adult witnesses (at least 18 years old, competent, not parties to the agreement, not employees or agents of a Supporter, and not creditors of the Named Individual)

The North Dakota Protection & Advocacy Project provides a template SDM agreement on its website that meets all statutory requirements. The template allows families to specify which domains the agreement covers and to name multiple supporters for different areas — one parent for healthcare, another for finances, a sibling for social and recreational decisions.

The agreement can be established before the 18th birthday and take effect on that date. Families should aim to have the SDM in place by age 17.5, the same window when guardianship petitions can first be filed.

SDM vs. Guardianship: When Each Applies

The question isn't whether SDM or guardianship is "better" — it's whether the young adult can participate meaningfully in their own decision-making with support.

SDM is appropriate when the individual can express preferences, understand basic choices with help, and communicate decisions — even if they need substantial assistance with complex information. Most young adults with intellectual or developmental disabilities who have been making supported choices throughout their school years are strong candidates.

Guardianship is appropriate when the individual's cognitive or developmental disability is so severe that they cannot safely make or communicate decisions even with a supporter's help. North Dakota probate courts require clear and convincing evidence that the person is incapacitated and that less restrictive alternatives — including SDM — were evaluated and found insufficient.

Guardianship is also significantly more expensive and invasive. It requires a court petition, a court-appointed Visitor who interviews the proposed ward and inspects their living situation, a hearing, and ongoing court oversight. Costs for a guardianship proceeding in North Dakota typically range from $2,000 to $5,000 through a family law attorney.

An SDM agreement does not require a court proceeding; families may incur a notarization cost if they use a notary.

Revoking or Modifying an SDM Agreement

The Named Individual can terminate the agreement orally, in writing, through an assistive technology device, or by another act showing specific intent. A Supporter can terminate their role by giving written notice of resignation to the Named Individual; if there is more than one Supporter, that termination applies only to that Supporter. No court proceeding or filing is required, and the statute sets no waiting period.

This flexibility is one of SDM's core advantages. If a supporter relationship isn't working, or if the individual's needs change, the agreement can be replaced or ended without involving the court system. Guardianship modifications, by contrast, require a return to probate court.

For a side-by-side comparison of SDM, power of attorney, and guardianship — along with template language and execution checklists specific to North Dakota — the North Dakota SSI at 18 & Adult Benefits Guide walks through the full autonomy planning process.

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