SPRINGFIELD — Illinois would soon join a growing list of states that have expanded alternatives to traditional guardianship to maximize independence, thanks to legislation passed by State Senator Sara Feigenholtz.
“The goal is to prioritize an individual’s autonomy in making personal decisions about their own life. Everyone has a right to self-determination when it comes to important life decisions,” said Feigenholtz (D-Chicago). “By expanding this model of support, we are providing people with more control over their own decision-making.”
A supported decision-making agreement allows an individual to identify a supporter to help them interpret information, weigh options, and communicate their decisions about health care, life choices, and financial matters. This unique model fosters confidence and supports people’s ability to make informed decisions while maintaining autonomy.
Traditional guardianship is more restrictive than a supported decision-making agreement in terms of the autonomy someone has over their finances, employment, housing and other life decisions. Many people do not need to enlist a traditional guardian prematurely but will instead benefit from their chosen decision-making assistant when making complex or weighty decisions.
To maximize opportunities for greater autonomy, Feigenholtz’s proposal would establish clear guidelines for implementing and overseeing supported decision-making, ensuring the law’s effective and safe application.
“Being able to make informed decisions about your own life is fundamental – yet many individuals, especially older adults and people with disabilities, have that fundamental right taken away through guardianship when less invasive alternatives exist,” said Feigenholtz. “With expanded supported decision-making, we are creating a new path: one of person-centered support that respects individual freedom.”
House Bill 5365 passed the Senate on Thursday.
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