Legal & Decision-Making Support Options
Explore tools that help individuals with disabilities make decisions, maintain independence, and receive support when needed. Learn about Supported Decision-Making, Powers of Attorney, Representative Payees, releases and authorizations, and Guardianship and Conservatorship.
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Every section includes:
✓ Overview ✓ Eligibility ✓ How to Apply ✓ Helpful Resources
People with intellectual and developmental disabilities (IDD) may need help making decisions about their health care, money, services, education, employment, housing, relationships, and daily life. This section provides an overview of common decision-making options.
Some people think that Guardianship and Conservatorship are their only options. Sometimes they are. In many cases, they are not.
Guardianship and Conservatorship should always remain options for people who need them, but we should not assume that all people with IDD need Guardians or Conservators. Many people use supporters, services, or legal tools to help them exercise their legal rights, understand their situations, identify and consider choices, make decisions, and manage their lives.
The key is to consider the person’s strengths, needs, and preferences and explore other, less-restrictive options before seeking Guardianship or Conservatorship. If a person can use another option to retain their legal rights, make their own decisions, and direct their own life, they should be given every opportunity to do so. If they cannot, Guardianship or Conservatorship may be appropriate and should be tailored to the person’s abilities and needs.
Supported Decision-Making
About
Supported Decision-Making (SDM) is a process where people work with supporters who help them understand their situations and choices, compare options, and make decisions. The person is the final decision-maker.
Supporters may include family members, friends, professionals, peers, advocates, or others chosen by the person.
SDM can be informal or written into an SDM agreement.
SDM can be used for health care, services, money, education, employment, housing, relationships, and other life decisions.
SDM agreements are legal under Kansas law.
Make sure the SDM agreement includes all information required by Kansas law so others understand when and how the person uses SDM.
Eligibility
Anyone can use SDM.
SDM can be a good option for people who need some help understanding, making, and communicating decisions.
How To
The person and their supporters should work together to:
Explore the decisions and life areas where the person may want or need support.
Discuss how the person wants to be supported.
Identify people, professionals, and organizations that can provide the support the person wants.
Make a plan for when the person will be supported, how they will be supported, and who will support them.
Write and share an SDM agreement so the person’s family, friends, doctors, schools, service providers, and others understand when and how the person uses SDM.
Review the agreement regularly and update it if the person’s supporters, needs, or goals change.
Power of Attorney
About
A Power of Attorney (POA) is a legal document where a person chooses someone else, usually called an agent, to help with or make certain decisions on their behalf. The person creating the POA decides what decisions the agent can make and any instructions the agent must follow.
Eligibility
Anyone can make a POA as long as they are not under Guardianship or Conservatorship and are able to understand and agree to it.
POAs can be useful for people who want someone else to make decisions or take actions on their behalf, like managing money, making healthcare decisions, or handling legal matters.
How To
Choose a trustworthy agent. It’s a good idea to have at least one backup agent, if possible.
Decide what decisions the agent will have the power to make or what actions they will have the power to take.
Decide how the agent will make decisions or take actions. For example, a POA can say that the agent must consult with the person before doing anything or defer to the person’s preferences when making decisions.
You can use a Kansas POA form, create your own POA, or work with an attorney to create a POA.
If you’re dealing with complex financial or health care matters, it may be a good idea to work with a professional to create the POA.
Sign the POA as required by Kansas law, including any witness or notary signatures.
Only give copies to people, businesses, or agencies that need them.
Review the POA regularly. Change it, as needed, if health, family, financial, or other living situations change.
Health Care Power of Attorney and Advance Directives
About
A health care POA lets a person name someone to make health care decisions for them if they cannot make their own decisions. An Advance Directive or living will can also describe the person’s wishes about medical care, including end-of-life care. The person decides who will serve as their health care agent, what health care decisions their agent can make, and any instructions the agent must follow.
Eligibility
Anyone can make a health care POA or Advance Directive as long as they are not under Guardianship or Conservatorship and are able to understand and agree to it.
This may help people who want to choose who will make decisions or advocate for them if they are ill, injured, hospitalized, or are unable to understand, make, or communicate their own health care decisions.
How To
Choose a trustworthy agent. It’s a good idea to have at least one backup agent, if possible.
Talk with the agents about the person’s values, preferences, treatments, communication needs, and religious or cultural considerations. Make sure the agent understands the types of decisions the person wants them to make and when and how they want the agent to make those decisions.
You can use a Kansas-specific form, create your own form, or work with an attorney to create a health care POA or Advance Directive.
If you’re dealing with complex health care matters, it may be a good idea to work with a professional.
Make sure whatever form you use meets all Kansas legal requirements, including for signatures, notarization, and witnesses.
Sign the form as required by Kansas law, including any witness or notary signatures.
Only give copies to people, doctors, hospitals, and providers that need them.
Review the document regularly. Change it, as needed, if health, family, financial or other living situations change.
Representative Payee for SSI/SSDI Benefits
About
A Representative Payee is a person or organization approved by the Social Security Administration (SSA) to receive and manage SSI or SSDI benefits for someone who needs help managing them. The Representative Payee manages the person’s benefits and decides how they will be used to meet the person’s needs.
Eligibility
SSA may appoint a Representative Payee when it determines that a beneficiary needs help managing Social Security benefits.
This could be a good option for people who do not need a Guardian or Conservator but need help with budgeting, spending, and saving decisions.
Family members, friends, service providers, or qualified organizations may apply to serve as a Payee.
How To
Contact SSA if the person needs help managing their benefits or if the person wants to change their current Payee.
The proposed Payee must apply through SSA and provide information about their relationship to the person and their ability to manage funds.
The Payee must manage the person’s monthly benefits to make sure they meet the person’s needs (including paying for housing, medical care, and activities and saving any remaining funds), keep records, and make reports to SSA.
The Payee should involve the person in budgeting and spending decisions as much as possible.
Releases and Authorizations
About
A person may want someone to be able to access their information and records, join meetings, ask questions, or help them communicate with doctors, banks, schools, agencies, or service providers.
Written releases and authorization forms can make that possible.
The person decides who has access to their information and records, and what they can access.
Eligibility
Anyone can create and sign an authorization or release as long as they are not under Guardianship or Conservatorship and are able to understand and agree to them.
These tools may be especially helpful when people want supporters to be involved in their supports and services but want to make their own decisions about them.
Releases and authorizations can be useful for medical appointments, banking, benefits planning, person-centered planning, and special education planning and meetings.
How To
Ask the school, provider, agency, or professional to provide a copy of the release or authorization form they use. Fill out and forward the form they give.
If they do not have a usual form, use model release forms when available.
Make sure the form says exactly what information can be shared and with whom.
Update or revoke the release or authorizations when the person’s wishes, situation, or providers change.
Guardianship and Conservatorship
About
Guardianship and Conservatorship are legal processes where a court gives another person the power to make some or all decisions for someone else. The Guardian or Conservator makes decisions in the place of the person.
A Guardian makes personal decisions for the person, including health care, services, education, employment, housing, or daily life.
A Conservator makes financial decisions for the person, including money management, property, benefits, or contracts.
Eligibility
A court appoints a Guardian or Conservator when it determines that a person is unable to make decisions or meet some or all of their needs.
Guardianship or Conservatorship may be good options when the person is unable to understand, make, or communicate some or all important life decisions, even with support, and when less-restrictive options cannot meet their needs.
How To
Explore the person’s strengths, needs, preferences, and support options.
Consider whether services, supports, Supported Decision-Making, Powers of Attorney, Representative Payees, releases, or other tools could meet the person’s needs.
If Guardianship or Conservatorship may be necessary, consult an attorney or review Kansas court resources to understand the process, rights, responsibilities, and alternatives.
File the required paperwork and participate in the court process.
If appointed, Guardians and Conservators should involve the person in decisions as much as possible, respect the person’s preferences and values, and encourage as much independence and self-determination as possible.
Regularly review whether the person continues to need Guardianship or Conservatorship and ask the court to change or terminate the arrangement if the person’s abilities, needs, or circumstances change.