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Supported Decision-Making and Guardianship

This training is supported with funding from Minnesota Department of Human Services, Aging and Disability Services Division.

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What is Supported Decision-Making?

Supported Decision-Making (SDM) is an alternative to guardianship and conservatorship that empowers individuals with disabilities or other cognitive challenges to make their own decisions with support from trusted people in their lives.

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Features of Supported Decision-Making

  • Person-Centered
  • Self-Directed
  • Flexible
  • Utilizes Trusted Supporters
  • Promotes Independence
  • Increased Quality of Life
  • Reduces Guardianship

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Tools Available for Supported Decision-Making

  • Advance Care Directive
  • Power of Attorney
  • Supported Decision-Making Agreement (SDMA)
  • Support Network Map
  • Rep Payee
  • Authorized Representative for County Benefits
  • Trusts/ABLE account
  • Joint Bank Account
  • Releases of Information
  • Waivered Supports
  • County Based Adult Mental Health Care Management

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Advance Care Directive

  • Preventative measure
  • Communicate health care wishes
  • Names a health care agent
  • Must have capacity to complete
  • Can be changed at any time
  • To be shared with doctors and supports
  • Can be used in coordination with releases of information
  • Not just “one format” of directive
  • Review regularly

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Power of Attorney (POA)

  • Must have capacity to complete
  • Names an attorney-in-fact that can manage funds
  • Can be revoked
  • Does not require an attorney to complete
  • Durable vs. Non-Durable

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Supported Decision-Making Agreement

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Support Network Map

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Rep Payee

  • Designation by social security to manage social security funds
  • Can be a person or a professional agency
  • Requires a doctor’s note with application

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Authorized Representative for County Benefits

  • Can name someone to be authorized to:
    • Apply for benefits
    • Complete Renewal paperwork
    • Receive mail from county regarding benefits
    • Communicate with County

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Other Financial Options

  • Joint Bank Account
  • Trusts
    • Special needs trust
    • Supplemental needs trust
  • ABLE accounts
  • Setting up auto bill pay with the bank

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County Supports

  • Waivered Supports
    • Variety of waivers available
      • Brain Injury, DD, CADI, Elderly, etc.
    • Must complete a MNChoices assessment
    • Social worker manages the waiver
    • Must get re-certified every year
    • Have to be on MA to qualify for most waivers
  • County Based Adult Mental Health Case Management
    • Does not require a waiver
    • Usually requires diagnosis of serious and persistent mental illness
    • Person served has to actively be involved and want the service
    • Guidelines for service are listed by county

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What is Guardianship?

Per MN Courts: a guardian is appointed by the court to make the personal decisions for the person subject to guardianship (PSG). The guardian has authority to make decisions on behalf of the person subject to guardianship about such things as where to live, medical decisions, training and education, etc.

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Guardianship Features

  • Court Appointed
  • Removal of Rights
  • Petition requires that you have tried lesser restrictive alternatives

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Different Types of Guardianship

  • Emergency Guardianship
  • Limited Duration Guardianship
    • 72-month rule for those under 30
  • Limited Guardianship
  • Full Guardianship

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Powers of Guardianship

  • Abode
  • Care, Comfort, and Maintenance Needs
  • Property
  • Medical Consent
  • Contracts

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  • Supervision
  • Benefits
  • Voting
  • ABLE Account
  • Legal Protection

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*Per MN Statute 524.313

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What is Restoration?

  • The court process involving the restoration of rights to a person under guardianship.

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Things to Consider

Supported Decision-Making:

    • Maintains Rights
    • Is the person able to assist in their care with supports available?
    • Does the person have capacity to understand and make decisions regarding their care?
    • Does disagreement in their choices mean they don’t have the right to make them?

Guardianship:

    • Removal of rights
    • If help is needed, could it be a limited guardianship?
    • Could it be a limited duration?
    • What is the problem you are trying to solve with guardianship?
    • Is guardianship needed or is it just more “comfortable”?

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Questions?

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Katie Hestness

Education Navigator

Supported Decision-Making and Guardianship Options

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Lutheran Social Service of MN

651-310-9424

Katie.Hestness@lssmn.org

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