On August 27, 2021, the Illinois legislature passed into law the Supported Decision-Making Agreement Act. Illinois joined over 14 states who have enacted similar legislation. The Act became effective in Illinois six months after becoming law. (February 27, 2022). 755 ILCS 9/1.

The purpose of the Act is to recognize a less-restrictive alternative to guardianship for adults with intellectual and developmental disabilities, who need assistance with decisions regarding daily living. 755 ILCS 9/5.

Under the provisions of the Act, an adult, who is at least 18 years of age, may serve as a ”Principal” to enter into a supported decision-making agreement with a “Supporter” under the Act. The supporter is appointed to assist with everyday life decisions. Everyday life decisions include, but are not limited to, decisions regarding medical care and treatment, residence, work, finances, and social life. 755 ILCS 9/10.

Under the Act, the Illinois Guardianship and Advocacy Commission (GAC) is to develop training and educational materials for both principals and supporters. Additionally, this statute provides for a sample agreement which will be posted on the GAC website.

Among the duties that a supporter can provide, is assisting the principal in understanding, information, options, responsibilities, and consequences of the life decisions of the principal, including those decisions related to the affairs or support services of the principal. The supporter can help the principal access, obtain and understand information that is relevant to any life decisions. Supporters can help with medical, psychological, financial or educational decisions. They can also help principals access treatment records or records necessary to assist with the affairs or support services of the principal. 755 ILCS 9/30.

To evidence the agreement, a principal and supporter should enter into a written supportive decision-making agreement. The agreement shall be signed and dated in the presence of two or more subscribing witnesses, who are at least 18 years of age. The principal’s supporter shall not serve as a witness to the support decision-making agreement. 755 ILCS 9/45.

The statute provides a sample of a “Supported Decision-Making Agreement” which can be used to evidence the agreement made between the principal and the supporter. 755 ILCS 9/50.

The Guardianship and Advocacy Commission website has a copy of the supportive decision-making agreement along with frequently asked questions. If persons have need of additional information the website directs one to contact Teresa Parks at theresa.parks@illinois.gov or by phone at (309) 671-3061.

This article was provided by Joseph T. Monahan, MSW, JD, ACSW, the founding partner of Monahan Law Group, LLC, in Chicago. The firm focuses its practice in mental health, confidentiality, guardianship, probate and health care law. He may be contacted at jmonahan@monahanlawllc.com