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HD 3407

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

194th Legislature (2025-2026) Introduced by Jim Arciero and 19 co-sponsors

Massachusetts bill legalizes supported decision-making agreements, allowing adults with disabilities to make decisions with trusted supporters instead of requiring full guardianship.

Senate concurred
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Bill Summary · HD 3407

Legislative bill overview

HD 3407 establishes a legal framework for "supported decision-making" agreements in Massachusetts, allowing certain adults with cognitive disabilities or impairments to make decisions with assistance from trusted supporters rather than requiring full guardianship. The bill creates a formal process for documenting these voluntary agreements and defines the rights and responsibilities of both the individual and their decision-making supporters.

Why is this important

Guardianship traditionally strips individuals of legal autonomy entirely, placing all decision-making power with a court-appointed guardian. Supported decision-making offers a less restrictive alternative that preserves personal agency while providing practical help—addressing a significant gap for people with disabilities who can make decisions with guidance but don't need complete legal incapacity. This aligns with national disability rights movements and the "least restrictive alternative" principle in disability law.

Potential points of contention

  • Enforceability and liability: Unclear what legal recourse exists if supporters act against the individual's interests or make decisions that harm them, and whether supporters face legal liability
  • Eligibility criteria: Definitions of which adults qualify (cognitive disabilities vs. mental illness vs. aging-related decline) and who determines capacity may be contested
  • Oversight mechanisms: Uncertainty about whether there's adequate monitoring to prevent abuse or exploitation compared to guardianship's court supervision

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

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