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Guardianship

Supported Decision-Making Agreements in Texas

How Texas supported decision-making agreements work, who they help, and when they can replace a guardianship for an adult with a disability.

When a young adult with an intellectual or developmental disability turns 18, or when an adult develops a condition that makes decisions harder, many families assume guardianship is the only answer. In Texas, it is not. A supported decision-making agreement lets an adult keep their legal rights while choosing trusted people to help them. For New Braunfels and Comal County families, it is often the first option a guardianship lawyer will suggest considering.

Our firm helps families compare supported decision-making with other options, draft agreements that hold up in real life, and recognize when more protection is needed.

What Supported Decision-Making Means

Supported decision-making is built on a simple idea: many people with disabilities can make good decisions when they get the right help. Instead of handing control to a guardian, the adult picks one or more supporters who help them:

  • Gather and understand information
  • Weigh options and consequences
  • Communicate their decision to others
  • Access records with the adult’s permission

The adult remains the decision-maker. Nothing in the agreement takes away their right to choose where to live, whom to see, how to spend their money or what medical care to accept.

The Texas Law: Estates Code Chapter 1357

Texas created supported decision-making agreements in Chapter 1357 of the Estates Code. The law:

  • Applies to adults with a disability who want support
  • Provides a standard agreement form
  • Describes what a supporter may and may not do
  • Requires supporters to act honestly and in good faith, and to respect the adult’s wishes
  • Allows people such as doctors, banks and schools to rely on a properly executed agreement
  • Disqualifies or limits supporters in certain situations involving abuse, neglect or exploitation

Because Texas Estates Code § 1101.101 requires courts to consider alternatives before creating a guardianship, supported decision-making carries real legal weight. If an agreement is working, a judge may decide a guardianship is not needed.

What a Supporter Can and Cannot Do

A supporter can A supporter cannot
Explain a lease, medical recommendation or bank statement in plain language Sign a contract or consent form for the adult
Attend appointments and meetings at the adult’s request Make a decision the adult disagrees with
Help obtain records with the adult’s authorization Use the adult’s money for the supporter’s own benefit
Help the adult tell others what they have decided Override the adult’s choices or block contact with others

If a family needs someone to act for the adult, a statutory durable or medical power of attorney may be added. If the adult cannot make or communicate decisions even with help, a guardianship may be required.

Who Is a Good Fit

Supported decision-making tends to work well for:

  • Young adults with intellectual or developmental disabilities, such as Down syndrome or autism, who can express preferences and learn with support. Our turning 18 page explains the timing decisions parents face.
  • Adults with psychiatric conditions that come and go, who are capable most of the time but want a trusted person involved.
  • Adults recovering from a brain injury or stroke who are regaining skills.
  • Older adults with mild cognitive changes who want help but not control.

It is usually not a good fit when the adult cannot communicate preferences in any form, is in immediate danger, or is being exploited by someone they insist on choosing as a supporter.

How to Set Up an Agreement

  1. Talk with the adult first. The adult must want the agreement and understand who their supporter will be. Their voice should guide every choice.
  2. Choose supporters carefully. Pick people who listen, communicate well and do not have conflicts that would cloud their advice. Consider naming different supporters for different areas, such as one for health and one for money.
  3. Define the areas of support. The Texas form lets the adult list the kinds of decisions where they want help, such as medical, financial, housing, education or employment.
  4. Sign it properly. Follow the statutory form and execution requirements, typically witnesses or a notary. Errors invite institutions to reject it.
  5. Add releases. HIPAA authorizations and educational or financial record releases let supporters get information they need.
  6. Share copies. Give copies to doctors, the bank, the school or the day program before a crisis.
  7. Review it. Revisit the agreement every year or two, or when the adult’s needs change.

Supported Decision-Making in New Braunfels Daily Life

For example, imagine a 19-year-old in New Braunfels who finished school, works part time and wants to move into a supported living arrangement near the Comal River. She understands her choices but gets overwhelmed by paperwork. Her mother serves as her supporter for medical and financial decisions, and her older brother for housing. When a doctor in town recommends a new medication, her mother helps her review the side effects, but she makes the decision and signs the consent form herself.

Situations like this one show why the agreement can work better than a guardianship. The young woman keeps her right to vote, marry, sign a lease and choose her own friends. Her family still has a recognized role.

Families in Comal County should expect some institutions to be unfamiliar with these agreements. A short, friendly explanation, plus a copy of the signed form and a reference to Chapter 1357, usually resolves the issue.

Comparing Your Options

Option Who decides Court case? Best for
Supported decision-making The adult, with help No Adults who can decide with support
Power of attorney Agent may act for the adult No Adults who can sign and want a backup
Limited guardianship Guardian, for listed powers only Yes Adults who need protection in some areas
Full guardianship Guardian, broadly Yes Adults who cannot make or communicate decisions

Read our page on alternatives to guardianship for a broader look, and adult guardianship if more protection is necessary.

If a Guardianship Is Already in Place

A ward who has learned new skills, or whose condition has improved, may be able to move from a guardianship to supported decision-making. The court can modify or end a guardianship through a restoration of capacity proceeding. Evidence that the person is using supports successfully can be very helpful in that case.

Talk With a New Braunfels Guardianship Attorney

If you are weighing supported decision-making for a son, daughter or other loved one in New Braunfels or anywhere in Comal County, we are glad to help. Call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. We serve families across Comal, Guadalupe, Hays and Kendall counties, and we speak Spanish.

Frequently Asked Questions

Who can sign a supported decision-making agreement in Texas?

Texas law makes these agreements available to adults with a disability who want help making their own decisions. The adult must be able to understand that they are choosing a supporter and what the supporter will do. They do not need to be able to manage every decision alone.

Can a supporter sign documents for the adult?

No. A supporter helps the adult understand information and communicate choices, but the adult makes and signs their own decisions. If someone needs another person to make decisions for them, a power of attorney or guardianship may be required instead.

Does the agreement need to be notarized?

Texas law provides a standard form and requires the agreement to be signed in a way that verifies it, typically before two witnesses or a notary. We recommend following the statutory form closely so banks, schools and doctors will accept it.

Can an adult have a supported decision-making agreement and a power of attorney at the same time?

Yes. Many families combine them. The adult might use a supporter for everyday decisions and sign a durable power of attorney or medical power of attorney as a backup for situations where someone must act on their behalf.

How does a supported decision-making agreement end?

The adult can revoke it, and it can end on a date or event stated in the agreement. Texas law also ends or limits a supporter’s role in certain situations, such as findings of abuse, neglect or exploitation against the supporter.

Last reviewed November 13, 2026. General information only, not legal advice.

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