Kentucky
Overview
Kentucky has not enacted supported decision-making legislation. Supported decision-making legislation was introduced in 2019, 2020, and 2021 but has not been enacted. Case law recognizes supported decision-making as a less restrictive alternative to guardianship.
Guardianship Laws
Ky. Rev. Stat. Ann §§ 387.10 to .990
Supported Decision-Making
State Legislation
None found
- H.B. 160, Gen. Assemb. 2021 Reg. Sess. Cite as the “Frank Huffman Act.”
- Description: Create a new section of KRS 210.005 to 210.366 to establish the rights of individuals with intellectual disabilities, includes the right to “Select an advocate to support their decision-making”
- Status: Referred to House Committee on Committees on 01/05/2021
- Public Link [https://apps.legislature.ky.gov/record/21RS/hb160.html]
- H.B. 473, 2019 Reg. Sess. (Ky. 2019)
- Description: Would formally recognize SDM and SDM Agreements
- Status: Failed – Last action: Referred to House Committee on Judiciary February 21, 2019
- Public Link [apps.legislature.ky.gov/lrcsearch#tabs-6]
- H.B. 531, 2020 Reg. Sess. (Ky. 2020)
- Description: Would establish conditions when a person can and cannot be part of supported decision making; establishes requirements of the persons invulved in supported decision making; requires the Cabinet for Health and Family Services to promulgate administrative regulations related to supported decision making.
- Status: Failed – Last action: To House Committee on Health and Human Services, March 2, 2020
- Public Link: https://apps.legislature.ky.gov/record/20rs/hb531.html
Case Law & Court Orders
2017 Story of Supported Decision-Making: Freed from Guardianship A Kentucky First: Suzie Wins Her Rights in Court using SDM
State Grant Programs
None awarded
Other Resources
- Website: My Choice Kentucky
Link: www.mychoiceky.org - Website: Supported Decision-Making
Source: The Council on Developmental Disabilities
Link: councilondd.org/cms-view-page.php?page=supported-decisionmaking - Powerpoint Slides: Using Supported Decision-Making in Kentucky
Link: www.guardianship.org/wp-content/uploads/2019/09/UsingSupportedDecisionKY_presentation.pdf - PowerPoint: Kentucky Presentation at NRC-SDM National Symposium (June 2019)
- Video: KY-SPIN (Special Parents Involvement Network) Tuesday Tips: Supported Decision Making – An Alternative to Guardianship Webinar
Link: www.kyspin.com/video/tuesday-tips-supported-decision-making-an-alternative-to-guardianship-webinar/
(search completed 04/12/2021)
Information Last Updated: July 21, 2022