Louisiana
Overview
Louisiana passed legislation recognizing supported decision-making as a less restrictive to guardianship (in Louisiana, “interdiction”), which became effective on August 1st, 2020. Louisiana also has a statute that recognizes supported decision-making as an auxiliary aid and service for transplant patients with disabilities (effective May 30, 2019). We are not aware of any case law applying these statutes, nor are we aware of any other case law denying petitions for guardianship in favor of supported decision-making.
Guardianship Laws
Supported Decision-Making
Supported Decision-Making Statute
- Supported Decision-Making Statute, may also be cited as the Dustin Gary Act:
- Description: This Act legally recognizes and encourages the use of SDM as a less-restrictive alternative to guardianship (interdiction) for adults with disabilities.
- Status: Signed by Governor on June 11, 2020. Effective on August 1, 2020.
- La. Rev. Stat. §§ 13:4261.101–4261.302 (2020)
- Link to Enacted Bill 361
- Anti-Discrimination in Organ Transplants (includes SDM)
- Description: These sections prohibit discrimination on the basis of disability in organ donation and identify SDM as an auxiliary aid and service for transplant patients with disabilities.
- La. Rev. Stat. §§ 17:2353(M), 22:1023.1, 40:1170.1–1170.4 (2019).
- Link to Enacted Bill HB143
State Legislation
- H.B. 361, 2020 Reg. Leg. Sess. (La. 2020)
- Description: Provides for SDM Agreements and requires petitioners seeking interdiction to, among other things, describe with particularity why less restrictive means are insufficient to meet the needs of the person.
- Status: Signed by Governor on June 11, 2020. Effective on August 1, 2020.
- H.B. 143, 2019 Reg. Leg. Sess. (La. 2019)
- Description: Prohibits discrimination against people based on disability in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
- Status: Effective date May 30, 2019
- Louisiana House Bill 362
- H.B. 362 LA 2024 Reg. Sess. [legiscan.com/LA/bill/HB362/2024]
- Description:Requires local education agencies to provide written information to students and parents of students transitioning out of the public school system including but not limited to SDM, POA, continuing/permanent tutorship, and limited and full interdiction.
- Status: Signed by governor 6/19/2024, effective 8/1/2024
None found
Case Law & Court Orders
- In re Anderson, 2024 La. App. LEXIS 545 (3rd Cir. 2024)
- Description: An intellectually disabled individual challenged his interdiction by arguing that the trial court did not explore less-restrictive alternatives like supported decision-making first. The 3rd Circuit found that, despite the statutorily recognized supported decision-making alternative, the disabled individual necessitated full-time care and was not capable of understanding supported decision-making to make this decision. Therefore, the Court affirmed the trial court’s full interdiction.
State Grant Programs
None awarded
Other Resources
- Alternatives to Legal Status Changes: Supported Decision Making (SDM) – Disability Rights Louisiana
- Article: Fox 8 Local News: New law named after Mandeville man, could clear way for more independent living, for those with disabilities/
- Disability Rights Louisiana – SDM Resources
- The Arc Louisiana – SDM Resources
- The Arc Louisiana: Supported Decision-Making User’s Guide for Adults with Disabilities, their Supporters, and Families
Information Last Updated: January 24, 2024