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
    • Public Link [malegislature.gov/Bills/189/H4332]
  • S. 2848, 192nd Gen. Ct., Reg. Sess. (Mass. 2021): https://legiscan.com/MA/bill/S2848/2021
    • Description: This bill would amend the Massachusetts code to, among other things, recognize supported decision-making as an alternative to guardianship, require that courts consider SDM before resorting to guardianship, and require that IEP teams discussing guardianship inform families of the availability of supported decision-making.
    • Status: Referred to the Senate Ways and Means Committee
    • Note – Older Draft: S. 124, 192nd Gen. Ct. Reg. Sess. (Mass. 2021): https://malegislature.gov/Bills/192/S124/BillHistory
  • H. 4725, 192nd Gen. Ct., Reg. Sess. (Mass. 2021): https://legiscan.com/MA/bill/H4725/2021
    • Description: This bill would amend the Massachusetts code to, among other things, recognize supported decision-making as an alternative to guardianship, require that courts consider SDM before resorting to guardianship, and require that IEP teams discussing guardianship inform families of the availability of supported decision-making.
    • Status: Referred to the Senate Ways and Means Committee
    • Note – Older Draft: H. 272, 192nd Gen. Ct., Reg. Sess. (Mass. 2021): https://malegislature.gov/Bills/192/H272
  • S.192, 192nd Gen. Court, Reg. Sess. (Mass. 2020).
    • Description: The bill would allow people with disabilities and elders to enter into SDM agreements with the people they trust who can help them make decisions for themselves. The bill also contains safeguards against abuse. If passed, the bill would require that courts consider SDM before establishing guardianship. Finally, the bill would ensure all youth turning 18 who are at risk of being placed under guardianship are made aware of the SDM option at Individualized Educational Plan meetings
    • Status: 3/29/2021 Referred to the committee on Children, Families and Persons with Disabilities
    • Public Link: [https://malegislature.gov/Bills/192/S124/BillHistory]
  • H. 4349, 191st Gen. Court, Reg. Sess. (Mass. 2020).
    • Description: Would codify Supported Decision-Making and recognize SDM Agreements (no statutory form) for adults with certain disabilities
    • Public Link [malegislature.gov/Bills/191/H4349]
    • S. 2490, 191st Gen. Court, Reg. Sess. (Mass. 2019).
      • Description: New draft of S. 64. Would codify supported Decision-Making and recognize SDM Agreements (statutory form) for adults with disabilities.
      • Status: Failed – 1/5/2021 Died in Senate Committee on Ways and Means.
      • Public Link:  [https://malegislature.gov/Bills/191/S2490]
  • S. 64, 191st Gen. Court, Reg. Sess. (Mass. 2019).
    • Description: Would codify supported Decision-Making and recognize SDM Agreements (statutory form) for adults with disabilities.
    • Status: No action since June 25, 2019, when it was in the Joint Committee on Children, Families, and Persons with Disabilities, heard, and determined eligible for Executive Session
    • Public Link [malegislature.gov/Bills/191/S64]
  • S. 2530, 190th Gen. Court, Reg. Sess. (Mass. 2018).
    • Description: Would stablish a commission to study adult guardianship and conservatorship practices in the commonwealth, including options relating to Supported Decision-Making.
    • Status: Failed – Last Action: New Text of S 4 and H 4401 on May 25, 2018.
    • available Public Link [malegislature.gov/Bills/190/S2530]
  • S. 1177, 190th Gen. Court, Reg. Sess. (Mass. 2017).
    • Description: Would establish an Office of Adult Guardianship and Decisional Support Services with the Executive Office of Health and Human Services.
    • Status: Failed – Last Action: Accompanied Study Order S 2499 from Joint Committee on Judiciary on April 30, 2018.
    • Public Link [malegislature.gov/Bills/190/S1177]
  • H. 3027, 190th Gen Court., Reg. Sess. (Mass. 2017)
    • Description: Would establish an Office of Adult Guardianship and Decisional Support Services within the Executive Office of Health and Human Services
    • Status: Failed – Last Action: Accompanied Study Order H 4721 form Joint committee on Judiciary on July 10, 2018.
    • Public Link [malegislature.gov/Bills/190/H3027]
  • H.R. 3271, 189th Gen. Court, Reg. Sess. (Mass. 2015)
    • Description: Incorporate SDM in the medical context of organ transplantation
    • Status: Failed – Last Action: Referred to Joint Committee on Health Care Financing on June 23, 2016
    • Public Link [malegislature.gov/Bills/189/H3271]

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

None awarded

Other Resources

Information Last Updated: July 21, 2022