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National Resource Center for Supported Decision Making
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Massachusetts

Massachusetts

Overview

Massachusetts currently has legislation pending that would legally recognize supported decision-making as a less-restrictive alternative to guardianship. In Massachusetts, supported decision-making bills have been introduced since 2019, but unfortunately, none has passed yet. We are not aware of any case law denying initial petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.

Guardianship Laws

Mass. Gen. Laws ch. 190B, §§ 5-101 to -106, 5-301 to -431

Supported Decision-Making

State Legislation

  • H.R. 4332, 189th Gen. Court, Reg. Sess. (Mass. 2015)
    • Description: An act concerning nondiscrimination in access to organ transplantation.  While the original version would have incorporated SDM in the medical context of organ transplantation, the enacted version does not.
    • Status: Enacted December 2, 2016
  • H.B. 4924, 193rd Gen. Ct., Reg. Sess. (Mass 2023)
    • Description: An act relative to supported decision-making on August 12, 2024.
    • Status: Referred to House Committee on Rules
  • H.B. 201, 193rd Gen. Ct., Reg. Sess. (Mass. 2023)
    • Description: Recognizes supported decision-making as an alternative to guardianship; requires guardianship petitions to state why a supported decision-making agreement is not feasible; requires that school districts inform students and families of the availability of supported decision-making as an alternative to guardianship; and requires that IEP teams discussing guardianship inform families of the availability of supported decision-making.
    • Status: Referred to the Joint Committee on Children, Families, and Persons with Disabilities on February 16, 2023.
  • S.B. 109, 193rd Gen. Ct., Reg. Sess. (Mass. 2023)
    • Description: Same as H. 201.
    • Status:> Referred to the Joint Committee on Children, Families, and Persons with Disabilities on February 16, 2023.
  • H.B. 1485, 193rd Gen. Ct., Reg. Sess. (Mass. 2023)
    • Description: Same as H. 201.
    • Status: Referred to the Joint Committee on Children, Families, and Persons with Disabilities on February 16, 2023.
  • H.B 264/261 194th Gen. Ct., Reg. Sess. (Mass. Jan. 17, 2025)
  • S.B. 155 194th Gen. Ct., Reg. Sess. (Mass. Jan. 16, 2025)
  • H.R. 4332, 189th Gen. Court, Reg. Sess. (Mass. 2015)
    • Description: Concerning nondiscrimination in access to organ transplantation.  While the original version would have incorporated supported decision-making in the medical context of organ transplantation, the enacted version does not.
    • Status: Enacted December 2, 2016.
  • H. 4725, 192nd Gen. Ct., Reg. Sess. (Mass. 2021)
    • Description: Amending the Massachusetts code to, among other things, recognize supported decision-making as an alternative to guardianship; requiring that courts consider supported decision-making before resorting to guardianship; and requiring that IEP teams discussing guardianship inform families of the availability of supported decision-making. H. 4725 was a new draft of previously proposed bill H. 272.
    • Status: Failed on April 26, 2023 (Died in Joint Committee on Children, Families, and Persons with Disabilities).
  • S. 3132, 192nd Ge. Court, Reg. Sess. (Mass. 2022)
    • Description: Recognizes supported decision-making as an alternative to guardianship; requires that courts consider SDM before resorting to guardianship, and requires that IEP teams discussing guardianship inform families of the availability of supported decision-making. S. 3132 was a new draft of previously proposed bills S. 2848 and S. 124.
    • Status: Failed on January 1, 2023 (Died in House Ways and Means Committee).
  • S. 2490, 191st Gen. Court, Reg. Sess. (Mass. 2019)
    • Description: New draft of S. 64 codifying supported Decision-Making and recognize supported decision-making agreements (statutory form) for adults with disabilities.
    • Status: Failed on January 5, 2021 (Died in Senate Committee on Ways and Means).
  • H. 4349, 191st Gen. Court, Reg. Sess. (Mass. 2020)
    • Description: Codifying Supported Decision-Making and recognize supported decision-making agreements (no statutory form) for adults with certain disabilities.
    • Status: Failed on February 3, 2020 (Last reported from the Joint Committee on Children, Families, and Persons with Disabilities).
  • S. 64, 191st Gen. Court, Reg. Sess. (Mass. 2019)
    • Description: Codifying supported Decision-Making and recognize supported decision-making agreements (statutory form) for adults with disabilities.
    • Status: Failed on June 25, 2019 (Last reported in the Joint Committee on Children, Families, and Persons with Disabilities, heard, and determined eligible for Executive Session).
  • S. 2530, 190th Gen. Court, Reg. Sess. (Mass. 2018)
    • Description: Establishing a commission to study adult guardianship and conservatorship practices in the commonwealth, including options relating to Supported Decision-Making.
    • Status: Failed on May 28, 2018 (Last action was new Text of S 4 and H 4401)
  • S. 1177, 190th Gen. Court, Reg. Sess. (Mass. 2017)
    • Description: Establishing an Office of Adult Guardianship and Decisional Support Services with the Executive Office of Health and Human Services.
    • Status: Failed on April 30, 2018 (Last action was accompanied Study Order S 2499 from Joint Committee on Judiciary)
  • H. 3027, 190th Gen Court., Reg. Sess. (Mass. 2017)
    • Description: Establishing an Office of Adult Guardianship and Decisional Support Services within the Executive Office of Health and Human Services
    • Status: Failed on July 10, 2018 (Last action was accompanied Study Order H 4721 from Joint Committee on Judiciary on July 10, 2018).
  • H.R. 3271, 189th Gen. Court, Reg. Sess. (Mass. 2015)
    • Description: Incorporating supported decision-making in the medical context of organ transplantation
    • Status: Failed on June 23, 2016 (Last referred to Joint Committee on Health Care Financing).

Case Law & Court Orders

Cory’s Story, Berkshire County Probate Court; Pittsfield, MA (11/17/15) (discussing Massachusetts Probate Court’s decision to terminate adult guardianship in favor of supported decision-making agreement).

State Grant Programs

State Grantee: Center for Public Representation
Summary: Center for Public Representation received a grand in July 2023 from the MA Developmental Disabilities Council to address gaps in the adoption of SDM by making SDM more available to linguistically, ethnically, and culturally diverse communities with a particular focus on racial equity.
Contact: Morgan K. Whitlatch, CPR’s Director of Supported Decision-Making Initiatives, mwhitlatch@cpr-ma.org

Other Resources

Information Last Updated: January 24, 2025

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