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HD 3289

An Act relative to supported decision making

194th Legislature (2025-2026) Introduced by Christopher Markey

Massachusetts bill legalizes "supported decision making" for disabled adults, allowing trusted supporters to assist decisions rather than requiring guardianship.

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Bill Summary · HD 3289

Legislative bill overview

HD 3289 establishes a legal framework for "supported decision making" in Massachusetts, allowing individuals with intellectual or developmental disabilities to make their own decisions with assistance from trusted supporters rather than requiring guardianship. The bill creates a formal process for documenting these support arrangements and defines the rights and responsibilities of both the person making decisions and their supporters.

Why is this important

Guardianship can strip individuals of fundamental rights and autonomy. Supported decision making offers a less restrictive alternative that preserves self-determination while still providing practical assistance for people who need help understanding complex decisions. This aligns with the federal push toward community integration and respects the legal presumption that all adults have decision-making capacity unless proven otherwise.

Potential points of contention

  • Liability and protections: Questions about what happens if supporters make decisions that harm the individual, and whether supporters face legal liability or if there are adequate safeguards
  • Capacity and consent: Debate over how to verify that individuals truly understand and consent to supported decision making versus guardianship, and whether the process adequately protects vulnerable people
  • Implementation costs: Concerns about state resources needed to create processes, train supporters, and monitor arrangements across Massachusetts

Compiled from official sources — confirm details with the bill’s official record.

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