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
- Public Link [https://www.legis.ga.gov/legislation/58996]
- 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
- Public link [https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=d70f1c8c-4561-45a4-8d32-126462b6358f&ecomp=rssdkkk&prid=95fc22d9-5e08-478b-9546-f8717c213b47]
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 (http://www.law.uga.edu/)
- 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
Other Resources
- Website & Resources: I Decide Georgia
Link: https://idecidega.org/ - Website & Resources: The Arc GA, Self-Advocacy Tools
Link: ga.thearc.org/arc-resources/self-advocacy/ - Website & Resources: The Arc GA, Future Planning<
Link: ga.thearc.org/arc-resources/future-planning/ - Georgia Council on Developmental Disabilities “Supported Decision Making”
Link: gcdd.org/partnerships/supported-decision-making.html - Information about Georgia SDM Pilot, a collaboration between the Center for Public Representation and the Georgia Advocacy Office
- PowerPoint: “Supported Decision-Making: A Path to Empowerment,” by John McCarty, SARTAC Fellow; Joan McCarty, Parent & Communication Partner; and Dana Lloyd, Project Coordinator, 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.
- PowerPoint: Georgia Presentation at NRC-SDM National Symposium (June 2019)
Information Last Updated: June 16, 2023