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As Passed by the Senate
136th
General Assembly
Regular
Session
Sub. S. B. No. 35
2025-2026
Senators Cirino, Reynolds
Cosponsors: Senators Wilkin,
Manning, Antonio, Blackshear, Craig, DeMora, Gavarone, Hicks-Hudson,
Huffman, Ingram, Johnson, Liston, O'Brien, Patton, Reineke, Roegner,
Schaffer, Smith, Timken, Weinstein, Wilson
To
enact sections 5123.68, 5123.681, 5123.682, 5123.683, 5123.684,
5123.685, and 5123.686 of the Revised Code
to
establish supported decision-making as a less restrictive alternative
to guardianship for adults with developmental disabilities.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 5123.68, 5123.681, 5123.682, 5123.683, 5123.684, 5123.685,
and 5123.686 of the Revised Code be enacted to read as follows:
Sec.
5123.68.
As
used in sections 5123.68 to 5123.686 of the Revised Code:
(A)
"Principal" means an adult with a developmental disability
who seeks to enter, or has entered, into a supported decision-making
plan.
(B)
"Supported decision-making" means the process of supporting
and accommodating an adult with a developmental disability who is
making, communicating, or implementing the adult's own life decisions
without impeding the adult's self-determination.
"Supported
decision-making" may include any matter impacting the adult's
life.
(C)
"Supported decision-making plan" is a plan between an adult
with a developmental disability and one or more supporters chosen by
the adult that is formal and documented through a written plan
entered into pursuant to section 5123.683 of the Revised Code.
(D)
"Supporter" means an adult person chosen by an adult with a
developmental disability to support the adult with a developmental
disability in a supported decision-making plan.
Sec.
5123.681.
(A)
All adults with developmental disabilities are presumed to be
competent, unless otherwise determined by a court of competent
jurisdiction.
(B)
The manner in which an adult with a developmental disability
communicates with others is not, by itself, grounds for a finding
that the adult is incapable of managing the adult's affairs or of
entering into a supported decision-making plan.
(C)
Execution of a supported decision-making plan by an adult with a
developmental disability is not evidence of incapacity and shall not
be used as such.
(D)
An adult with a developmental disability who has entered into a
supported decision-making plan is not precluded from acting
independently of the plan, acting independently of one or more
supporters identified in the plan, or seeking personal information
without the assistance of a supporter. The adult's choice to act
independently of the plan or a supporter is not evidence of
incapacity and shall not be used as such.
(E)
Evidence that an adult with a developmental disability uses supported
decision-making may be presented as a less restrictive alternative to
guardianship pursuant to division (C)(5) of section 2111.02 of the
Revised Code.
(F)
No adult with a developmental disability shall be required to enter
into a supported decision-making plan.
(G)
Nothing in sections 5123.68 to 5123.686 of the Revised Code shall be
construed as prohibiting an adult with a developmental disability
from receiving support and accommodation in making, communicating, or
implementing the adult's own life decisions without a supported
decision-making plan.
Sec.
5123.682.
(A)
If an adult with a developmental disability who is of sound mind
voluntarily chooses to enter into a supported decision-making plan,
the plan shall be created with the informed consent of the principal
and in accordance with section 5123.683 of the Revised Code.
(B)
The department of developmental disabilities shall develop both of
the following:
(1)
A model supported decision-making plan that may be used by a
principal and one or more supporters;
(2)
Informational materials about supported decision-making plans,
intended for use by all of the following:
(a)
Adults with developmental disabilities;
(b)
Family members of adults with developmental disabilities;
(c)
Social service, medical service, and financial service professionals
and other professionals likely to encounter supported decision-making
plans;
(d)
The general public.
Sec.
5123.683.
(A)
A supported decision-making plan shall be executed in accordance with
this section.
(B)(1)
The plan shall be entered into by the adult with a developmental
disability as the principal and one or more supporters.
(2)
The plan shall be signed and acknowledged voluntarily, without
coercion or undue influence, by the principal.
The
principal's signature shall be witnessed by either a notary public or
two adult witnesses who are not parties to the supported
decision-making plan. The witnesses must attest that the plan was
signed of the principal's own free will and accord.
Sec.
5123.684.
(A)
Except as otherwise limited by the principal, and pursuant to the
principal's authority under division (D) of section 5123.681 of the
Revised Code, a supporter may assist the principal with all of the
following:
(1)
Understanding information, options, responsibilities, and
consequences associated with making decisions;
(2)
Communicating the decisions to third parties;
(3)
Obtaining and understanding information relevant to life decisions,
including medical, psychological, financial, employment, medicaid,
educational, or other records;
(4)
Monitoring information about the principal's affairs and services,
including future services;
(5)
Understanding the principal's personal values, beliefs, and
preferences, including the principal's cultural, ethnic, or religious
heritage, and using this information to advocate for the
implementation of the principal's wishes and decisions;
(6)
Accompanying the principal and participating in discussions with
third parties.
(B)(1)
The supporter shall assist the principal in accessing, collecting, or
obtaining only information that is relevant to a decision authorized
by the supported decision-making plan.
(2)
If the supporter assists the principal in accessing, collecting, or
obtaining personal information protected under the "Health
Insurance Portability and Accountability Act of 1996," 42 U.S.C.
1320d-2, the "Family Educational Rights and Privacy Act of
1974," 20 U.S.C. 1232g, or financial information protected under
the "Financial Services Modernization Act of 1999," 15
U.S.C. 6801 and 6821, the supporter shall keep the information
confidential.
(3)
The existence of a supported decision-making plan does not preclude
the principal from seeking personal information without the
assistance of the supporter.
(C)
The supporter may undertake any actions permitted by the principal in
the supported decision-making plan. The supporter shall not act in
contradiction to the expressed wishes or decision-making authority of
the principal.
(D)
A supporter shall act as a fiduciary for the principal.
(E)(1)
In the event the supporter has a conflict of interest or potential
conflict of interest in a decision made by the principal, the
supporter shall do both of the following:
(a)
Fully disclose the conflict of interest to the principal and any
other members of the principal's support team, including a service
and support administrator or a qualified intellectual disability
professional;
(b)
Refrain from advising or assisting the principal on or with the
decision.
(2)
A supporter who intentionally fails to disclose a conflict of
interest or who otherwise breaches the supporter's fiduciary duty to
the principal is liable to the principal for all reasonable damages
incurred as a result.
Sec.
5123.685.
A
principal may modify or end a supported decision-making plan at any
time by notifying the supporter. A principal may modify or end a
supported decision-making plan in writing and provide a copy of the
written notice to the supporter.
Sec.
5123.686.
(A)
Nothing in sections 5123.68 to 5123.686 of the Revised Code prohibits
a third party from requiring the principal to execute a release of
information or other document to confirm the continued validity of
the supported decision-making plan or to confirm the principal's
authorization of the third party to share information with a specific
supporter.
(B)
A person, other than a supporter, who acts in good faith while
relying on a supported decision-making plan is not liable for damages
in a civil action and is not subject to criminal prosecution or
professional disciplinary action unless they have actual knowledge
that either:
(1)
The supported decision-making plan has been modified or ended
pursuant to section 5123.685 of the Revised Code.
(2)
The principal has not authorized the supporter to engage in the
specific action taken.