Legal Protection for Vulnerable Adults: Understanding Supported Decision-Making

An elderly or vulnerable adult may need help, but may not need the comprehensive structure of an adult guardianship. New Jersey has a specialized process called “supported decision-making” as a less restrictive alternative option. It may be the right choice for you or your loved one. Within this article, our New Jersey adult guardianship lawyer highlights the key things that you should know about supported decision-making as an alternative option.

What is Supported Decision-Making?

Supported decision-making is a less-restrictive alternative to an adult guardianship. Broadly explained, it is a legally recognized process that lets a vulnerable adult retain full decision-making authority while also receiving assistance from trusted supporters. Still, with supported decision-making in New Jersey, an individual person remains the final decision-maker at all times. The role of supporters is just that: to provide support. Among other things, they help to gather information, explain options, and communicate choices.

Know the Law: Supported Decision-Making in New Jersey

New Jersey formally recognizes supported decision-making as a lawful alternative to guardianship. The key law is called the Supported Decision-Making Act (N.J.S.A. 52:27G-31). It is designed to help confirm that an adult with a disability or who is otherwise vulnerable has the ability to retain decision-making authority while receiving reliable assistance in a structured manner. The statute authorizes written supported decision-making agreements between the principal and one or more supporters. The agreement does not transfer legal rights. Instead, it creates a process for assistance. Third parties may rely on a properly executed supported decision-making agreement.

Understanding the Scope of Authority (and Limits) of Supporters

If you are considering a supported decision-making arrangement for yourself or for a loved one, it is imperative that you understand the scope of authority that a supporter actually has under New Jersey law. A key thing to keep in mind:

• A supporter does not act as a substitute decision-maker. He or she cannot override the principal’s expressed choice.

The principal remains the decision-maker at all times. Supporters provide support. The agreement may authorize supporters to help gather information, explain options, communicate decisions, and assist with implementation. Along with other things, supporters may attend medical appointments, review financial documents, and help evaluate housing options.

Note: The agreement can define the scope with precision. It may limit authority to specific domains such as health care or finances. A supporter cannot override the principal’s expressed choice.

What are the Execution Requirements for Supported Decision-Making?

A supported decision-making agreement must be executed with sufficient formality to ensure reliability. The statute contemplates a written document signed by the principal and supporters. It is a best practice to ensure that a supported decision-making agreement is always in writing. An experienced New Jersey estate planning attorney can help.

Call Our New Jersey Adult Guardianship Lawyer Today

At Poulos LoPiccolo PC, our New Jersey adult guardianship attorney provides solutions-driven guidance and support to clients. If you have any questions or concerns about supported decision-making, please do not hesitate to contact us for a confidential consultation. We handle adult guardianship matters in Monmouth County and statewide in New Jersey.