Key Information on Supported Decision Making
Wisconsin Act 345 (which was enacted April 18, 2018) requires lesser restrictive alternatives to be considered before pursuing an adult guardianship. Wisconsin Statute § 54.10(3)(a)4. explains a court may appoint a guardian only if it finds by clear and convincing evidence that the individual’s needs for assistance in decision making or communication is unable to be met effectively and less restrictively through other means such as training, education, support services, health care, assisted devices, a supported decision-making agreement or other means the individual will accept.
There is still a continuum of options for families to consider, some that can be used to complement each other to help people with disabilities and frail elders make decisions:
- Release of Information
- Representative Payee
- Power of Attorney for Finance
- Power of Attorney for Health
- Living Will
- Partial or Full Guardianship
Statewide Resources
- Wisconsin Board for People with Development Disabilities Supported Decision Making Toolkit: wi-bpdd.org/index.php/supporteddecision-making/
- GWAAR Guardianship Resource Center: gwaar.org/guardianship-resources
- Your local Adult Protective Services entity- typically housed within a county human/ social services agency. www.dhs.wisconsin.gov/aps/index.htm
- Fact Sheet from Family Voices of Wisconsin for families during the transition to adulthood: www.familyvoiceswi.org/knowledge-base/suppoted-decision-making-for-transition-age-youth/
- The ARC of Wisconsin also offers worksheets and has an archived webinar: arcwi.org/2018/04/13/supported-decision-making/
- The Department of Public Instruction has created a memo for educators related to Supported Decision Making: dpi.wi.gov/sped/laws-procedures-bulletins/bulletins/19-01?fbclid=IwAR1_1FUVo3zLZ8Sx-5WRA7f1PFVNbx3YiuHvdwZMRMVt7NvTbNy8StV-eS4
Supported Decision Making Recorded Sessions
1 ½ DHS webcast: livestream.com/dhswebcast/events/8538739/videos/188401362
This is 3 sessions of a statewide training in Madison: livestream.com/dhswebcast/events/9024696
The Wisconsin Youth Health Transition Initiative has recorded presentations from their healthcare provider learning community calls:
- George Zaske- youtu.be/wHjoGYs5zoU
- Tami Jackson- youtu.be/q9RNUvKVEbI