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Bill

H 261

An Act relative to supported decision-making agreements for certain adults

194th Legislature (2025-2026) Introduced by Jim Arciero and 34 co-sponsors

Massachusetts bill creates legal framework for supported decision-making agreements, allowing adults with disabilities to designate trusted supporters while retaining personal decision-making authority.

Accompanied a new draft, see H4852
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Bill Summary · H 261

Legislative bill overview

H. 261 establishes a legal framework for "supported decision-making" agreements in Massachusetts, allowing adults with intellectual disabilities, developmental disabilities, or mental illness to formally designate trusted individuals to help them make important life decisions. The bill creates statutory recognition and protections for these voluntary arrangements as an alternative to guardianship or conservatorship.

Why is this important

Currently, adults with disabilities who need decision-making support often have no middle ground between complete independence and full legal guardianship—a process that removes significant personal autonomy. Supported decision-making offers a less restrictive option that keeps decision-making authority with the individual while providing structured support, potentially preserving more rights and dignity while still ensuring access to guidance.

Potential points of contention

  • Scope and safeguards: Questions about how to ensure supported decision-makers act in the person's best interest without the formal oversight mechanisms of guardianship, and whether the bill contains adequate protections against exploitation or abuse
  • Liability and enforceability: Unclear legal status of agreements if decisions cause financial or medical harm, and whether third parties (banks, hospitals, schools) will recognize and honor these arrangements
  • Alternative to guardianship concerns: Disability rights advocates may worry the bill undermines guardianship reform efforts, while others may fear it enables avoidance of necessary legal protections for vulnerable populations

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

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