Texas Supported Decision-Making Agreement

When a Texas student with a disability turns 18, they gain full legal decision-making authority — even if they need help exercising it. A Supported Decision-Making Agreement lets them keep that authority while getting structured assistance, and Texas was the first state in the country to write it into law.

What Chapter 1357 Actually Authorizes

Under Texas Estates Code Chapter 1357, a Supported Decision-Making Agreement (SDMA) creates a voluntary, contract-based fiduciary relationship between an adult with a disability (the "decision maker") and one or more trusted adults (the "supporters"). The supporter is legally authorized to:

• Help the adult understand their options, responsibilities, and the consequences of their decisions
• Access records — medical, psychological, financial, educational, legal, and treatment records from any entity
• Facilitate communication — help the adult communicate their finalized decisions to third parties like doctors, banks, schools, and employers

The critical legal boundary: the supporter cannot make decisions for or on behalf of the adult. The adult retains full authority over every final choice. The agreement creates a fiduciary relationship, meaning the supporter owes duties of good faith, loyalty, and conflict avoidance.

How It Compares to Guardianship

The comparison isn't subtle — it's the difference between keeping your rights and having a court take them away.

Cost: An SDMA uses a free statutory form and requires no court involvement. Limited guardianship in Texas typically costs $1,500 to $5,000 or more in legal and court fees, requires attorney representation, ad litem appointments, annual reports, and a formal hearing.

Autonomy: An SDMA preserves 100% of the adult's legal rights. Guardianship strips specific rights (residency, medical consent, voting, contracts) and vests them in a court-appointed guardian.

Setup: An SDMA requires the signatures of both parties in the presence of either a notary public or two witnesses who are at least 18 years old. Guardianship requires filing in a probate court with the appropriate jurisdiction for your county.

Ongoing obligations: An SDMA can be modified or revoked at any time by either party. A guardian must file annual reports with the court and seek court approval for major decisions about the ward's life.

Texas law actually requires courts considering guardianship to evaluate less-restrictive alternatives first — including SDMAs. If a supported decision-making arrangement would meet the young adult's needs, the court shouldn't be granting guardianship.

The Statutory Form and Execution Requirements

The SDMA must be in substantially the form outlined in Texas Estates Code §1357.056. The statutory form was updated in late 2025/2026 to incorporate specific authorizations for civil legal proceedings and integrated FERPA and HIPAA release attachments — so the current version lets supporters access educational records and medical records without needing separate authorization documents.

For a valid agreement under Section 1357.055:

1. Both parties sign voluntarily
2. Signing happens in the presence of a notary public or two qualified witnesses (at least 18 years old)
3. The adult must possess the legal capacity to enter the agreement voluntarily
4. The agreement can include attached FERPA and HIPAA releases

No court filing. No attorney required. No fees.

When to Execute the SDMA

The school district must provide both the student and the parents with formal written notice about the transfer of rights no later than one year before the student's 18th birthday — by age 17. This notice must include information about guardianship alternatives, including SDMAs.

Practically, the best time to execute an SDMA is as the student approaches 18 — after the family has discussed what kinds of decisions the young adult needs help with, but before the 18th birthday triggers the automatic transfer of educational rights. Having the SDMA in place before the student turns 18 means the supporter is ready to assist with the first adult decisions: ARD meeting participation, SSI applications, medical appointments, and vocational rehabilitation intake.

If the student is already over 18 and no arrangement has been made, it's not too late. An SDMA can be executed at any time as long as the adult has the capacity to enter the agreement voluntarily.

Making the SDMA Work in Practice

The legal framework is straightforward, but real-world acceptance can be uneven. Some banks, hospitals, and educational institutions may not be familiar with SDMAs, even though they're legally recognized under state law. Keeping a notarized copy of the agreement on hand — along with a one-page summary of Chapter 1357 — helps when you encounter resistance.

The SDMA is one piece of a decision-making toolkit that may also include a durable financial power of attorney (for managing bank accounts and property), a medical power of attorney (for healthcare decisions during periods of incapacity), and an educational representative designation (for school-specific decisions when the adult cannot provide informed consent). These tools aren't mutually exclusive — they address different domains and can work together.

The Texas IEP Transition to Adulthood Guide includes a decision-making options comparison chart and walks through the execution process for SDMAs alongside the other legal arrangements families typically need during the transition to adulthood.

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