Virginia Regulatory Town Hall View Comments

Department of Behavioral Health and Developmental Services

State Board of Behavioral Health and Developmental Services

Guidance Document Change: This document contains a draft sample of Virginia’s Supported Decision-Making Agreement (SDMA), which was mandated as part of the Department of Behavioral Health and Developmental Services’ powers and duties related to supported decision-making agreements in § 37.2-314.3 of the Code of Virginia by the 2021 Special Session I of the Virginia General Assembly with the passing of House Bill 2230. Instructions on how to complete the agreement and optional discovery tools are included. SDMAs provide a way for individuals to document when they want support with making decisions, how they want to receive that support, and who they want to support them.

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6/24/22 10:26 am

Commenter: disability Law Center of Virginia. Contact Robert Gray

Error on Page 3

The following quote appears on Page 3 of the Proposed Document:

"You must be 18 years old or older and not have a court-appointed legal guardian or conservator."

The quoted language appears to be incorrect since an individual who has a conservator ONLY, and who DOES NOT ALSO have a guardian, would ONLY be legally incompetent with regard to financial matters.

Such a person would remain legally competent to create and sign an advance directive, power of attorney or supported decision making arrangement for medical or other non-financial matters.

CommentID: 122163