New law grants Kansans with disabilities more independence in decision-making
Bipartisan legislation establishes the supported decision-making agreements act to help adults navigate life choices without surrendering legal control.
Adults with developmental disabilities, brain injuries and mental health needs will now have a legal pathway to receive help managing their affairs without giving up their independence, following Gov. Laura Kelly's signing of Senate Bill 84 on Tuesday.
The bipartisan supported decision-making agreements act allows adults to formally designate one or more trusted individuals to help them understand options, communicate decisions, and manage health care, finances and housing. The law prohibits the supportive adult from making decisions on behalf of the principal, exerting undue influence or accessing unauthorized information.
Rep. Mari-Lynn Poskin, D-Leawood, said disability advocates have spent years working to establish this legal framework.
"Everyone has the right to agency in their own life, and this bill will enable more Kansans to make choices that are best for them with the comfort of knowing they have reliable assistance," Poskin said.
To enforce the boundaries of the agreements, the law ties violations to the crime of mistreatment of a dependent adult or elder person, carrying felony or misdemeanor penalties depending on the financial resources involved. Sen. Rick Billinger, R-Goodland, praised the bill as "strong, bipartisan legislation" that integrates Kansans into their communities.
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