FAQs

A: Supports are ways to help a person with a disability understand, make, and communicate their own choices.  A person with a disability can execute a supported decision-making agreement which explains their method of making decisions.

A: A Supported Decision-Making Agreement identifies the people and tools that will support the person in making his or her own decisions.  It goes into effect as soon as it is signed.  A Durable Power of Attorney identifies the person who is to be a “substitute” decision-maker.  The Durable Power of Attorney for Healthcare becomes effective upon the incapacity or inability of the person to communicate his or her wishes.  A supporter can help a person with a disability in considering and obtaining a power of attorney.

A: Many persons with a disability are already having conversations and using supported Decision Making in their everyday life.  A person can learn decision-making skills by making their own choices with the help and guidance of other people.  This is Supported Decision Making.

A: Here are some tools used in SDM:

• Using plain language
• Giving information by visual or hearing methods
• Providing extra time to discuss choices
• Creating a list of the pros and cons of a decision.
• Use “role-playing” activities to assist the person in understanding choices.

·  Bringing a supporter to important meetings to take notes to help the person remember and discuss options.

A: A person with a disability can create a “Springing” Durable Power of Attorney. A Springing Durable Power of Attorney only starts working if you can no longer communicate your own wishes.   A person selected by you to make choices for you is called an agent.  An agent is required by law to follow your known wishes and to act in your best interests.

A: Self-Advocacy is a goal of Nevada’s law.  The supporter cannot be a substitute decision-maker.

The law states that it is to provide person centered assistance to a person with a disability.

 The law states that persons with a disability should be able to live in a manner in which he or she wishes and is capable of making such decisions.

 The law states that an adult should be informed and allowed to participate in the management of his or her affairs to the best of said adult’s ability.

 The law prohibits a supporter from:

• Using undue influence upon the principal
• Obtaining, without the consent of the principal, any information not needed to help the principal make a decision.
• Improperly using the information of the principal.

 A valid Supported Decision-Making Agreement must be in writing and signed by the principal and all named supporters before two adult witnesses.

A: Supported Decision making is the least restrictive decision-making method for the person with a disability because the person makes his or her own choices with the help of a supporter. In a guardianship the guardian makes decisions.

Supported Decision Making is the legally preferred decision-making process.  Guardianship should only be used if necessary.

A: In Supported Decision Making, decisions are made by the adult.  Generally, in a guardianship, the guardian makes all decisions and does not need to ask the adult.

 A guardianship is ordered by a court and the court decides what choices the person with a disability can make.  A Nevada guardianship should only be considered if there is no alternate less restrictive arrangement.

A: In Supported Decision Making, the adult person with a disability, with the help of supporters, determines her/his own needs.

In a guardianship, the guardian makes all decisions.

A guardianship can result in the loss of legal rights such as voting, marriage, decision making, agreement making.

A: A Supported Decision- Making Agreement can be changed by the principal and the supporter(s) in new writing witnessed by two adult witnesses. A guardianship can be changed only by the court.

A: A guardianship can be terminated or modified.  The person with a disability and/or the guardian can ask the court to provide for Supported Decision making and terminate the guardianship or ask the court to modify the guardianship for a period of time so SDM can be tried on a temporary basis.

A: A limited guardianship is ordered by a court if a person needs a decision-maker for a specific area of life.

 A: The Nevada Health Care Power of Attorney (HCPOA) for a Person with an Intellectual/Developmental Disability is set forth in NRS 162A.865.  This Health Care Power of Attorney law was established prior to the Supported Decision Making law.  A good part of the HCPOA is that there is a provision in it that allows for a decision-maker, called an agent, to make health care choices for the person with a disability if that person can no longer communicate his/her choices.  The agent is to make decisions based upon the person’s known wishes and/or best interests.  This is a type of substituted decision making.

Other portions of this law are similar to a Supported Decision-Making Agreement, but different wording is used to identify the person that is to help provide support and is known as an agent.  In an SDM agreement, the helping person is known as a supporter. 

If a person with a disability has or wants to utilize the form set forth in the Health Care Power of Attorney law (NRS162A.865) consideration should be given to naming the supporter in the Supported Decision-Making Agreement as the agent in the Health Care Power of Attorney.

A: NRS 162C.320 Acceptance and reliance upon supported decision-making agreement.  Any person who is not a party to a supported decision-making agreement, including, without limitation, a provider of health care or provider of financial services, that in good faith, as defined in NRS 162A.060, accepts a supported decision-making agreement:

1.  Without actual knowledge that any of the signatures thereon is not genuine may rely upon the presumption that such a signature is genuine.

2.  Without actual knowledge that the supported decision-making agreement or the purported supporter’s authority is void, invalid or terminated may rely upon the supported decision-making agreement as if the agreement and supporter’s authority are genuine, valid and still in effect.

3.  Is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the supported decision-making agreement or for following the direction of a supporter named in the supported decision-making agreement.

(Added to NRS by 2019, 463)