As Passed by the Senate

136th General Assembly

Regular Session Sub. S. B. No. 35

2025-2026

Senators Cirino, Reynolds

Cosponsors: Senators Wilkin, Manning, Antonio, Blackshear, Craig, DeMora, Gavarone, Hicks-Hudson, Huffman, Ingram, Johnson, Liston, O'Brien, Patton, Reineke, Roegner, Schaffer, Smith, Timken, Weinstein, Wilson

To enact sections 5123.68, 5123.681, 5123.682, 5123.683, 5123.684, 5123.685, and 5123.686 of the Revised Code to establish supported decision-making as a less restrictive alternative to guardianship for adults with developmental disabilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5123.68, 5123.681, 5123.682, 5123.683, 5123.684, 5123.685, and 5123.686 of the Revised Code be enacted to read as follows:

Sec. 5123.68. As used in sections 5123.68 to 5123.686 of the Revised Code:

(A) "Principal" means an adult with a developmental disability who seeks to enter, or has entered, into a supported decision-making plan.

(B) "Supported decision-making" means the process of supporting and accommodating an adult with a developmental disability who is making, communicating, or implementing the adult's own life decisions without impeding the adult's self-determination.

"Supported decision-making" may include any matter impacting the adult's life.

(C) "Supported decision-making plan" is a plan between an adult with a developmental disability and one or more supporters chosen by the adult that is formal and documented through a written plan entered into pursuant to section 5123.683 of the Revised Code.

(D) "Supporter" means an adult person chosen by an adult with a developmental disability to support the adult with a developmental disability in a supported decision-making plan.

Sec. 5123.681. (A) All adults with developmental disabilities are presumed to be competent, unless otherwise determined by a court of competent jurisdiction.

(B) The manner in which an adult with a developmental disability communicates with others is not, by itself, grounds for a finding that the adult is incapable of managing the adult's affairs or of entering into a supported decision-making plan.

(C) Execution of a supported decision-making plan by an adult with a developmental disability is not evidence of incapacity and shall not be used as such.

(D) An adult with a developmental disability who has entered into a supported decision-making plan is not precluded from acting independently of the plan, acting independently of one or more supporters identified in the plan, or seeking personal information without the assistance of a supporter. The adult's choice to act independently of the plan or a supporter is not evidence of incapacity and shall not be used as such.

(E) Evidence that an adult with a developmental disability uses supported decision-making may be presented as a less restrictive alternative to guardianship pursuant to division (C)(5) of section 2111.02 of the Revised Code.

(F) No adult with a developmental disability shall be required to enter into a supported decision-making plan.

(G) Nothing in sections 5123.68 to 5123.686 of the Revised Code shall be construed as prohibiting an adult with a developmental disability from receiving support and accommodation in making, communicating, or implementing the adult's own life decisions without a supported decision-making plan.

Sec. 5123.682. (A) If an adult with a developmental disability who is of sound mind voluntarily chooses to enter into a supported decision-making plan, the plan shall be created with the informed consent of the principal and in accordance with section 5123.683 of the Revised Code.

(B) The department of developmental disabilities shall develop both of the following:

(1) A model supported decision-making plan that may be used by a principal and one or more supporters;

(2) Informational materials about supported decision-making plans, intended for use by all of the following:

(a) Adults with developmental disabilities;

(b) Family members of adults with developmental disabilities;

(c) Social service, medical service, and financial service professionals and other professionals likely to encounter supported decision-making plans;

(d) The general public.

Sec. 5123.683. (A) A supported decision-making plan shall be executed in accordance with this section.

(B)(1) The plan shall be entered into by the adult with a developmental disability as the principal and one or more supporters.

(2) The plan shall be signed and acknowledged voluntarily, without coercion or undue influence, by the principal.

The principal's signature shall be witnessed by either a notary public or two adult witnesses who are not parties to the supported decision-making plan. The witnesses must attest that the plan was signed of the principal's own free will and accord.

Sec. 5123.684. (A) Except as otherwise limited by the principal, and pursuant to the principal's authority under division (D) of section 5123.681 of the Revised Code, a supporter may assist the principal with all of the following:

(1) Understanding information, options, responsibilities, and consequences associated with making decisions;

(2) Communicating the decisions to third parties;

(3) Obtaining and understanding information relevant to life decisions, including medical, psychological, financial, employment, medicaid, educational, or other records;

(4) Monitoring information about the principal's affairs and services, including future services;

(5) Understanding the principal's personal values, beliefs, and preferences, including the principal's cultural, ethnic, or religious heritage, and using this information to advocate for the implementation of the principal's wishes and decisions;

(6) Accompanying the principal and participating in discussions with third parties.

(B)(1) The supporter shall assist the principal in accessing, collecting, or obtaining only information that is relevant to a decision authorized by the supported decision-making plan.

(2) If the supporter assists the principal in accessing, collecting, or obtaining personal information protected under the "Health Insurance Portability and Accountability Act of 1996," 42 U.S.C. 1320d-2, the "Family Educational Rights and Privacy Act of 1974," 20 U.S.C. 1232g, or financial information protected under the "Financial Services Modernization Act of 1999," 15 U.S.C. 6801 and 6821, the supporter shall keep the information confidential.

(3) The existence of a supported decision-making plan does not preclude the principal from seeking personal information without the assistance of the supporter.

(C) The supporter may undertake any actions permitted by the principal in the supported decision-making plan. The supporter shall not act in contradiction to the expressed wishes or decision-making authority of the principal.

(D) A supporter shall act as a fiduciary for the principal.

(E)(1) In the event the supporter has a conflict of interest or potential conflict of interest in a decision made by the principal, the supporter shall do both of the following:

(a) Fully disclose the conflict of interest to the principal and any other members of the principal's support team, including a service and support administrator or a qualified intellectual disability professional;

(b) Refrain from advising or assisting the principal on or with the decision.

(2) A supporter who intentionally fails to disclose a conflict of interest or who otherwise breaches the supporter's fiduciary duty to the principal is liable to the principal for all reasonable damages incurred as a result.

Sec. 5123.685. A principal may modify or end a supported decision-making plan at any time by notifying the supporter. A principal may modify or end a supported decision-making plan in writing and provide a copy of the written notice to the supporter.

Sec. 5123.686. (A) Nothing in sections 5123.68 to 5123.686 of the Revised Code prohibits a third party from requiring the principal to execute a release of information or other document to confirm the continued validity of the supported decision-making plan or to confirm the principal's authorization of the third party to share information with a specific supporter.

(B) A person, other than a supporter, who acts in good faith while relying on a supported decision-making plan is not liable for damages in a civil action and is not subject to criminal prosecution or professional disciplinary action unless they have actual knowledge that either:

(1) The supported decision-making plan has been modified or ended pursuant to section 5123.685 of the Revised Code.

(2) The principal has not authorized the supporter to engage in the specific action taken.