Supported Decisionmaking
Section § 21000
This section asserts that adults with disabilities are considered capable of making their own decisions about their health, safety, and finances unless a legal process says otherwise. These individuals should be able to manage their affairs with chosen supports. The law encourages using voluntary support systems, known as supported decision-making, to assist in understanding and communicating decisions without losing autonomy. It highlights that adults use various voluntary tools like medical or financial power of attorney to communicate their choices.
Section § 21001
This law section defines key terms related to helping adults with disabilities make decisions about their lives. An 'adult with a disability' includes individuals with various physical, cognitive, or mental impairments. A 'life decision' covers any choice impacting their life, like medical, financial, or living arrangements. 'Supported decisionmaking' is a process where adults receive help to make these decisions without losing their independence. A 'supported decisionmaking agreement' is a simple, understandable document outlining this help, which can be revoked anytime. A 'supporter' is an adult who assists in making these decisions, as specified in related sections.
Section § 21002
This law outlines the responsibilities and limitations of a "supporter" for adults with disabilities. It emphasizes that supporters must comply with laws preventing abuse, neglect, or exploitation. They can't be chosen or remain if previously accused or restrained for abuse. Their role includes respecting the adult's preferences and maintaining confidentiality. Importantly, supporters should not coerce or make decisions for the adult, unless legally authorized, and should avoid conflicts of interest in decision-making.
Section § 21003
This law allows adults with disabilities to create agreements with supporters who can help them understand and communicate decisions. The idea is to aid them in making life choices while ensuring their decisions are respected.
Importantly, signing such an agreement doesn't take away their ability to act independently and shouldn't be used as proof that they can't make decisions on their own.
Section § 21004
This law ensures that adults with disabilities in California have the right to include one or more supportive adults in their meetings or communications. This could involve planning meetings required by law, health care meetings, or financial discussions. The individual can express their desire to have support through any form of communication they use. A third party can only deny this support if they believe there is potential fraud, abuse, or coercion, which they are required to report under specific elder abuse laws. This mirrors and reinforces existing laws.
Section § 21005
This law section outlines the criteria for a supported decision-making agreement for adults with disabilities. The agreement should be easy to understand and specify areas where support is needed and provided. It must state that supporters meet certain requirements and inform the adult about their right to report abuse. It should also list any other decision-making documents the adult has, such as powers of attorney. The agreement must be signed by the adult with a disability and their supporters in front of witnesses or a notary, allowing for reasonable modifications if necessary. It should be reviewed and updated every two years.
Section § 21006
This law explains when and how a supported decision-making agreement can end. It can be ended by the disabled adult, all supporters, the agreement’s terms, the adult's death, or if supporters can't serve anymore. Any party can leave the agreement anytime with a notice. The adult can destroy the agreement in various ways to show they want to end it. If there are multiple supporters, one leaving doesn't end the agreement for the others.
Section § 21007
This law section states that the rules in this division do not apply to CARE court proceedings or to a CARE supporter who is trained and appointed according to the Community Assistance, Recovery, and Empowerment (CARE) Act. Essentially, CARE-related matters operate under their own set of guidelines.
Section § 21008
The California Health and Human Services Agency must create educational materials on supported decision-making, ensuring their relevance to underserved communities like immigrants, non-English speakers, rural residents, and those in long-term care. They should also consider existing resources and nationwide best practices.
Additionally, they must consult with stakeholders, including people with disabilities and their families, disability organizations, and representatives from various advocacy and advisory groups, to help inform the materials and training. The list of stakeholders includes advocacy agencies, development councils, and organizations focused on disabilities and older adults.