Supported Decision-Making in Pennsylvania: Agreements, HB 2701, and the Peery Standard

What Supported Decision-Making Actually Looks Like

Supported decision-making is straightforward in practice. Your young adult keeps their full legal rights. They choose trusted people — parents, siblings, friends, service providers — to help them understand information, weigh options, and communicate decisions. The supporters advise; the young adult decides.

A supported decision-making agreement formalizes this arrangement. It names the supporters, defines which areas of life they'll assist with (medical choices, finances, housing, employment), and establishes how the support will work. The young adult can modify or revoke the agreement at any time.

The difference between this and guardianship is fundamental: guardianship transfers decision-making authority away from the person. Supported decision-making keeps authority with the person and adds support around it.

Pennsylvania's Legal Landscape: No Statute Yet, but Strong Precedent

As of mid-2026, Pennsylvania does not have a standalone supported decision-making statute. About 20 states have enacted formal SDM laws. Pennsylvania is moving in that direction, but hasn't crossed the finish line.

That does not mean SDM agreements are unrecognized. Two legal pillars give them real force in Pennsylvania:

The In re Peery standard (1999). The Pennsylvania Supreme Court ruled that a guardian cannot be appointed if the individual has an active, informal "circle of support" that successfully assists them in making decisions. This binding precedent means that a well-documented SDM arrangement is direct evidence against the necessity of guardianship.

Act 61 of 2023. Effective June 11, 2024, this law requires Orphans' Courts to make specific findings of fact that no less restrictive alternative can meet the individual's needs before granting a guardianship. An executed SDM agreement is exactly the kind of less restrictive alternative the court must now evaluate. A judge cannot skip past it.

House Bill 2701: What Would Change

Representative Liz Hanbidge introduced HB 2701, which was referred to the House Health Committee on July 14, 2026. The bill would create a formal statutory framework for supported decision-making agreements in Pennsylvania.

If enacted, HB 2701 would give SDM agreements an explicit statutory framework. Until such a law is enacted, an informal SDM arrangement does not carry the same statutory recognition as a power of attorney with banks, hospitals, and service providers.

The practical gap is real but manageable. Most families find that presenting a clear, written SDM agreement alongside a healthcare power of attorney and a financial power of attorney covers the domains where third-party recognition matters most. The SDM agreement handles the day-to-day support; the POAs provide the legal backbone that institutions already understand.

Building a Circle of Support

The "circle of support" concept referenced in Peery is not a legal term with specific requirements. It's a practical framework. The people in the circle are chosen by the young adult based on trust and relationship, not professional credentials.

A strong circle typically includes:

• A parent or family member who understands the young adult's medical history and communication style
• A peer mentor or friend who can provide perspective from outside the family
• A professional supporter (supports coordinator, job coach, or therapist) who understands the service systems the young adult interacts with

The circle meets regularly — monthly is common — to review upcoming decisions, check in on how support is working, and adjust as the young adult's needs and preferences evolve. Some families document these meetings with brief notes, which become evidence of an active, functioning support system if guardianship is ever raised.

What to Do Before Your Young Adult Turns 18

The transition from school-based supports to adult decision-making frameworks should begin at least a year before the young adult's 18th birthday. Even though Pennsylvania keeps educational decision-making rights with parents until age 21, civil and medical decision-making rights transfer at 18.

Start by having conversations with your young adult about what kinds of decisions they want help with and who they trust to provide that help. Draft a supported decision-making agreement that names specific supporters and defines the scope of support. Execute healthcare and financial powers of attorney while the young adult has the capacity to understand what they're signing.

The Pennsylvania IEP Transition to Adulthood Guide includes an SDM agreement template and a legal alternatives portfolio checklist that walks through each of these tools step by step.

See more Pennsylvania guides →