Supported Decision-Making is a way for individuals with disabilities to get help from trusted family members, friends, and professionals, to help them understand the situations and choices they face so they can make their own decisions. Supported Decision-Making enables people with disabilities to ask for support where and when they need it. Supported Decision-Making is not a form of Guardianship or Power of Attorney. Powers of Attorney, representative payees, and release of information forms can also help families provide the needed supports and safeguards without going to court for Guardianship, when appropriate. The Board for People with Developmental Disabilities has additional information on Support Decision-Making available at:

http://wi-bpdd.org/index.php/SupportedDecision-Making/

You can get the form online at: https://www.dhs.wisconsin.gov/forms/f02377.pdf

Keep in mind, a Supported Decision-Making document does not replace a Power of Attorney for Health Care or Finance.

This is an important document that should be filled out by every capable adult. The State of Wisconsin is not a “next of kin” state, so decisions will not automatically default to a child, parent, or spouse. The form allows you to name a trusted adult as your health care decision maker (agent) in the event you become incapacitated and cannot make decisions for yourself. It also provides an opportunity for you to express preferences about your care. You can list a second adult as a backup in the event that the first person listed as agent is not available. This document only takes effect when two doctors agree that you are indeed incapacitated and cannot make your own decisions. You can get this legal form online at https://gwaar.org/guardianship-resources

or contact the ADRC

A Power of Attorney for Finances allows you to choose a trusted adult who will manage or help you manage your money and assets. You determine what money or assets you want that person, called an agent, to have authority over.

The point at which your agent’s authority becomes effective depends on the language you use in your Power of Attorney for Finances. If you give your agent “immediate power,” your agent’s power will start when you sign the document. Even if you sign a document granting your agent immediate power, you may continue to handle all of your own property and finances as long as you are able. Essentially, either you or your agent makes decisions about your finances.

You can visit the website: https://gwaar.org/guardianship-resources

to print the form. The form will need to be notarized. The ADRC of Winnebago County can provide you with this document. You may hire a lawyer to draft a document that fits your needs as well.

Guardian of the Person/Estate

The most restrictive decision-making support is Guardian of the Person/Estate. This type of guardianship is set up when a person is unable to make decisions that meet their needs for physical health/safety or finances. Guardianship is often pursued in cases when there is no Power of Attorney document and a document can no longer be completed due to the person’s incapacity to do so. If this is the situation, an alternative decision maker, called a guardian, is legally appointed to make decisions for that person, called the ward.

Who determines the need for guardianship?

The need for guardianship is determined by a judge through a legal proceeding. A medical doctor (MD) or a PhD level psychologist must conduct an evaluation of a person’s competence. The doctor makes recommendations to the court, but it is the judge that makes the legal determination that the person placed under guardianship is incompetent and unable to make his or her own decisions. Physical disability and/or poor judgment without a legal finding of mental incompetence are not sufficient reasons to establish guardianship. If you have questions regarding guardianship, you can refer to the Guardianship Support Center (information below) or contact the ADRC at 877-886-2372 and ask to speak to an Adult Protective Service worker.

The Guardianship Support Center

The Guardianship Support Center provides information on issues related to guardianship, protective placement, Powers of Attorney, etc.

• https://gwaar.org/guardianship-resources

• Toll-free helpline 855-409-9410

• guardian@gwaarorg