o Information sharing: One way to support a person with a disability is to work with health care providers, banks and schools to have your adult child sign an information sharing form. This allows a parent, family member or guardian to talk to providers, schools and financial institutions and help them make decisions. No lawyer is needed. When a family considers a young adult`s ability to make their own decisions, they should think about it: if a person is unable to make some or all of those decisions, some form of assisted decision-making is needed. It`s important for families to start this conversation early and learn about the full range of possibilities. Although guardianship is the most widely used legal instrument, there are more and more less restrictive options being used to support a young adult`s ability to have control over their own lives so that they can determine their own future as an adult. For more information on the assisted decision agreement, see: Assisted decision-making does not replace guardianship or power of attorney options, but offers an additional option for individuals and families seeking help with some or more life choices. Learn more by reading this FAQ: Frequently Asked Questions about Decision Making Support can help the adult student make educational decisions, e.B. understand educational assessments, information presented at MYP team meetings, communicate self-information at IAP team meetings, set MYP goals and post-secondary transition goals, and establish educational practicums and other decisions made by the adult student in their support decision agreement. The supporter cannot give consent on behalf of the adult student, but can help the adult student communicate their educational decisions to the appropriate individuals. The assisted decision-making agreement allows people to select trusted people (called supporters) to help them gather and understand information, compare options, and share their decisions with others. National Resource Center for Supported Decision Making: www.supporteddecisionmaking.org An adult with a “functional disability” can identify support to help them make decisions. “Dysfunction,” as defined in Chapter 52 of the Wisconsin Statutes, refers to a physical, developmental, or mental condition that significantly limits one or more of the most important activities in a person`s life, including the ability to live independently, self-direction, self-care, mobility, communication, or learning.
(Wis. Stats. §52.01[2]) Information on assisted decision-making should be provided at all times when guardianship and alternatives are discussed, including during all discussions on the transfer of rights at the age of majority. 6. How much personal information can a supporter access? Arc Wisconsin, in collaboration with the Wisconsin Board for People with Developmental Disabilities, Disability Rights Wisconsin and the Greater Wisconsin Agency on Aging Resources, coordinates information sessions and training on Wisconsin`s new assisted decision-making law. Professionals who receive an assisted decision-making agreement must rely on this agreement as a legal expression of the person`s wishes. A copy of the supported decision-making agreement must be kept with the student`s academic records. The AIA must allow a supporter identified in a supported decision agreement to access the student`s relevant academic records and assist the student in making educational decisions. Any LEA that discloses personal information about an adult student with a functional disability to an authorized partisan is immune from any action that purports to have improperly or unlawfully disclosed personal information to the supporter, unless the AL has actual knowledge that the assisted decision-making agreement has been revoked. (Wis.
Stats. §52.30[5]) The Wisconsin Guardianship Support Center provides families and professionals with legal information and resources regarding guardianship, alternatives to guardianship, powers of attorney, and other related matters. 4. What is the Supported Decision Agreement? If an adult student with a functional disability voluntarily and without coercion decides to enter into an assisted decision-making agreement, the partisan has the right to provide assistance in accessing or understanding information relevant to the decision. Support can help the adult student understand the options, responsibilities and consequences of the adult student`s life choices without making these decisions on behalf of the student, and communicate the student`s life choices to the appropriate people. The supporter is not an alternate decision-maker and does not have the authority to sign legal documents on behalf of the adult student. With assisted decision-making, the adult student always makes the final decision. Nor does a supporting decision-making agreement prevent the adult student from acting independently of the agreement. (Wis. Stats. §52.10) An LEA that receives a strong decision-making agreement must rely on the agreement, unless the AIA has reason to believe that the adult student is being abused, neglected, unreasonably influenced or financially exploited by the supporter. (Wis.
Statistics. §52.30 (1)) An adult student may revoke assisted decision-making at any time, and unless the assisted decision agreement provides for any other method of resignation of the supporter, a supporter may terminate by notifying the adult student. A supported decision agreement may also be terminated if the county`s adult protective services justify an allegation of negligence or abuse on the part of the supporter, if the supporter is held criminally responsible for negligence or abuse, or if there is an injunction against the supporter. (Wis. Stats. §52.14) If an LEA discloses student registration information to the supporter under a supported decision agreement that approves such disclosure, the LEA will be immune from any action purporting to have disclosed such information incorrectly or unlawfully, unless the school district has actual knowledge that the adult student has revoked such authorization. (See Wis. Stats. §52.30(5)) An adult student with a functional disability and his or her supporter shall voluntarily enter into a written assisted decision agreement by signing and dating the agreement in the presence of at least two adult witnesses or a notary. (Wis.
Stats. §52.18[1]) The contract may be terminated at any time by the adult student or supporter. (Wis. Stats. §52.14[1]) LEAs should ensure that LEA representatives and other appropriate personnel are informed of supported decision-making arrangements signed and dated. The supporter must be allowed to attend MYP team meetings with the adult student or on behalf of the student and have access to the educational materials and information necessary to help the student make informed educational decisions. This may include information such as assessment scores, IEPs, transcripts, and correspondence from the LEA to the adult student. – American Bar Association Resolution on Assisted Decision Making – Justice in Aging – AARP Guide for Supporters (TX) – Arc Webinar on Assisted Decision Making in Healthcare – Learn more about The Arc to Promote Autonomy – Additional Resources Related to Assisted Decision Making – Presentation of Quality Trust on Assisted Decision Making – LDT Assisted Decision Making Toolkit – Tool Build your plan® – Support can help access and receive information relevant to an adult student`s life choice, including medical, psychological, financial, educational or treatment records. A supporter can help access or receive information about educational materials under FERPA if the adult student has signed a release that allows them to access the information. The LEA should work with the adult student to determine who should be invited to their next MYP team meeting. The adult student always has the right to invite people of his choice. If the student has filed a supported decision agreement with the LEA, the LEA must decide with the adult student whether to involve the supporter and how the student would like to inform the supporter of the upcoming meeting.
The adult student may personally invite the supporter or ask the LEA to include the supporter in the announcement of the MYP team meeting. If the adult student has specified access to the educational materials in the supported decision agreement, a supporter may have access to the academic records required to assist the adult student in making the educational decision. This may include records such as assessment scores, IEPs, transcripts, and LEA correspondence with the adult student. AAA staff should request a copy of the supported decision-making agreement to verify roles and access to information. Assisted decision-making is an alternative to guardianship, whereby people use friends, family members, and professionals to help them understand the situations and decisions they face so that they can make their own decisions without the “necessity” of guardianship. .
