Utah Supported Decision-Making Agreement

Until May 2025, Utah families whose young adult needed some help with decisions faced a binary choice: do nothing formally, or go to court for guardianship. House Bill 334 changed that by codifying Supported Decision-Making Agreements (SDMAs) under Utah Code § 75-5-701 et seq. — creating a legally recognized middle path that keeps decision-making authority with the individual while giving their supporters formal standing.

This matters because schools, hospitals, and banks now must accept a valid SDMA. Before the law, a parent helping their adult child at a doctor's appointment had no legal document to show. Now they do.

What an SDMA Actually Does

A Supported Decision-Making Agreement lets an adult with a disability (the "principal") choose one or more trusted people ("supporters") to help them make decisions. The key distinction from guardianship: the principal stays the legal decision-maker. Supporters can help gather information, explain options, and assist with communicating choices — but they cannot sign documents or make decisions on the principal's behalf.

This means a young adult with an SDMA can still:

• Sign their own medical consent forms (with a supporter present to help them understand treatment options)
• Participate in their own IEP meetings after age 18
• Open and manage their own bank accounts
• Make their own residential choices

Under Utah Code § 75-5-707, the principal can revoke or modify the agreement at any time without going to court. This flexibility makes SDMAs a natural starting point for families who aren't sure how much support their young adult will need.

Requirements for a Valid SDMA in Utah

The statute sets clear guardrails. For an SDMA to be legally enforceable:

The principal must enter the agreement voluntarily. No coercion, and they must understand the general nature and effect of what they're signing. The capacity bar is lower than what's needed for a power of attorney — the principal doesn't need to understand complex legal terms, just the concept that they're choosing someone to help them.

It must be written, signed, and witnessed. Execution requires either a notary public or two adult witnesses. The witnesses cannot be the principal or the designated supporter.

Supporters must meet eligibility requirements. They must be at least 18 years old. Paid service providers — case managers, direct support professionals, group home staff — are disqualified from serving as supporters unless they're a parent, stepparent, or sibling of the principal. People with active protective orders, substantiated abuse or neglect findings, or financial crime convictions are also disqualified.

Existing guardianships don't block SDMAs. Even if a court-appointed guardian is already in place, the principal can still execute an SDMA. The law requires that the guardian receive a copy at least two weeks before execution and sign off on areas within their legal authority.

SDMA vs. Guardianship: Which Fits?

The choice comes down to the individual's functional capabilities across different life domains. A few common scenarios:

SDMA fits well when the young adult can participate in decisions with help. Maybe they understand their medical conditions but need someone to explain treatment risks in simpler terms. Or they can manage day-to-day spending but need guidance on larger financial decisions. The SDMA gives their supporter legal standing without removing the young adult's authority.

Guardianship may be necessary when the young adult cannot participate in certain decisions even with support. If someone cannot understand the basic concept of choosing a supporter, they likely lack the capacity to execute an SDMA in that area. Utah courts can grant limited guardianship covering only those specific domains, leaving all other decision-making rights intact.

They can work together. A limited guardianship covering medical decisions could coexist with an SDMA covering financial and educational decisions — matching the legal framework precisely to the individual's actual needs.

How to Get Started

The Disability Law Center of Utah provides a free SDMA template and instructions. The form itself is straightforward — the substance is in the capacity assessment that should precede it. Working through each life domain (medical, financial, educational, residential, social) to determine where the young adult can make decisions with support versus where they genuinely cannot is the foundational step.

The Utah Adult Guardianship & Alternatives Guide includes a structured capability evaluation worksheet designed specifically for this assessment, along with the full timeline for coordinating an SDMA with other transition planning milestones.

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