Georgia
Overview
Georgia enacted supported decision-making legislation in 2021. There are no new supported decision-making bills pending. There is case law that specifically recognizes supported decision-making as a less restrictive alternative to guardianship.
Guardianship Laws
Ga. Code Ann. §§ 29-4-1 to -98; 29-5-1 to -140; 29-9-1 to -18
Supported Decision-Making
State Legislation
- HB 128 “Gracie’s Law” 2021-2022 Regular Session
- Description: To prohibit discrimination against persons with disabilities in regards to organ transplants, to require reasonable modifications by covered entities & provide auxiliary aids & services during the organ transplant process, including SDM.
- Status: Signed by Governor on 05/06/2021
- Ga. Code Ann., § 31-1-24 (Effective July 1, 2021)
- Description: To prohibit discrimination against persons with disabilities in regards to organ transplants, to require reasonable modifications by covered entities & provide auxiliary aids & services during the organ transplant process, including supported decision-making
- Health; prohibit certain health care providers and facilities from discriminating against potential organ transplant recipients due solely to their vaccine status
- Georgia H.B. 522 [legiscan.com/GA/bill/HB522/2025]
- Description: Permits the use of supported decision-making to make choices regarding organ transplantation using means of assistance including but not limited to formatting information in a manner that is understandable and accessible, provided any disclosure of information is in line with other state and federal law.
- Status: Effective July 1, 2025
None found
None found
Case Law & Court Orders
John McCarty is a self-advocate from Georgia and a 2019-2020 Self Advocacy Resource and Technical Assistance Center (SARTAC) Fellow. John’s project focused on educating stakeholders about supported decision making and creating resources to help self-advocates get started. During his fellowship work, John used supported decision making to terminate his own guardianship and developed resources from that experience to guide others who seek to do the same. John worked in partnership with Creative Consulting Services, the Georgia Advocacy Office and Self-Advocacy Resource and Technical Assistance Center.
State Grant Programs
2016/2017 Grantee: The University of Georgia School of Law
Summary: The grantee has been working with partners in aging and intellectual and developmental disabilities communities to develop an on-line tool/checklist (“SDM-IT tool”) and accompanying training module that will be tested in community resource centers, senior centers, schools and court self-help offices. The program has also consulted with the Georgia State Bar about creating training for attorneys regarding Supported Decision-Making. Additionally, the program has advised three Georgia judges on ways to educate judges about Supported Decision-Making as an alternative to guardianship.
Contact: Eleanor Crosby Lanier, University of Georgia School of Law, eclanier@uga.edu, 706-207-5148
State Grantee: I DECIDE
Summary: I DECIDE is supported by Georgia Advocacy Office and receives the Supported Decision-Making grant from the Georgia Council on Developmental Disabilities, partially funded by federal grant 2001CASCDD-03 from DHHS in Washington, DC. I DECIDE maintains decision-making to be a fundamental human right that individuals with IDD are entitled to. I DECIDE provides information for people looking to establish SDMAs and for professionals working with individuals with an SDMA in place.
Contact: info@idecidega.org
Other Resources
- Website & Resources: I Decide Georgia
- Website & Resources: The Arc GA, Self-Advocacy Tools
- Website & Resources: The Arc GA, Future Planning
- Georgia Council on Developmental Disabilities
- Information about Georgia SDM Pilot, a collaboration between the Center for Public Representation and the Georgia Advocacy Office
- PowerPoint: “Supported Decision-Making as an Alternative to Guardianship,” by Devon Orland, Litigation Director, and Dana Lloyd, Project Coordinator, Georgia Advocacy Office.
Information Last Updated: January 24, 2025