Senate BillPassed first house
SB 35: Regards supported decision-making for certain disabled adults
What SB 35 does, verified September 24, 2026
This bill establishes supported decision-making as a less restrictive alternative to guardianship for adults with developmental disabilities. It defines key terms, including "principal" (an adult with a developmental disability), "supported decision-making" (the process of supporting and accommodating an adult's life decisions), and "supporter" (an adult person chosen to support the principal). The bill presumes that all adults with developmental disabilities are competent, unless otherwise determined by a court. It also protects the principal's right to act independently of the plan or a supporter, and evidence of the principal's use of supported decision-making may be presented as a less restrictive alternative to guardianship. The bill requires that a supported decision-making plan be created with the informed consent of the principal and in accordance with specific guidelines. It al…
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Last action: Referred to committee: Children and Human Services (2025-10-22)Alert me
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| Oct. 22, 2025 | Referred to committee: Children and Human Services |
| Oct. 21, 2025 | Introduced |
| Oct. 15, 2025 | Passed |
| Oct. 15, 2025 | Reported - Substitute: Judiciary |
| Jan. 29, 2025 | Referred to committee: Judiciary |
Latest bill textCommittee Substitute version, October 15, 2025 · 1,411 words
As Reported by the Senate Judiciary Committee
136th General Assembly
Regular Session
2025-2026
Senators Cirino, Reynolds
Cosponsors: Senators Wilkin, Manning
To enact sections 5123.68, 5123.681, 5123.682, 1
5123.683, 5123.684, 5123.685, and 5123.686 of 2
the Revised Code to establish supported 3
decision-making as a less restrictive 4
alternative to guardianship for adults with 5
developmental disabilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5123.68, 5123.681, 5123.682, 7
5123.683, 5123.684, 5123.685, and 5123.686 of the Revised Code 8
be enacted to read as follows:
10
Sec. 5123.68. As used in sections 5123.68 to 5123.686 of
the Revised Code:
the Revised Code:
12
(A) "Principal" means an adult with a developmental
disability who seeks to enter, or has entered, into a supported
decision-making plan.
disability who seeks to enter, or has entered, into a supported
decision-making plan.
15
(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.
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.
20
"Supported decision-making" may include any matter .....
impacting the adult's life.
impacting the adult's life.
22
(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.
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.
27
(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.
with a developmental disability to support the adult with a .....
developmental disability in a supported decision-making plan.
30
Sec. 5123.681. (A) All adults with developmental
disabilities are presumed to be competent, unless otherwise
determined by a court of competent jurisdiction.
disabilities are presumed to be competent, unless otherwise
determined by a court of competent jurisdiction.
33
(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.
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.
38
(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.
adult with a developmental disability is not evidence of
incapacity and shall not be used as such.
41
(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.
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.
48
(E) Evidence that an adult with a developmental disability
uses supported decision-making may be presented as a less .....
uses supported decision-making may be presented as a less .....
49
restrictive alternative to guardianship pursuant to division (C) .....
(5) of section 2111.02 of the Revised Code. .....
(5) of section 2111.02 of the Revised Code. .....
52
(F) No adult with a developmental disability shall be
required to enter into a supported decision-making plan. .....
required to enter into a supported decision-making plan. .....
54
(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. .....
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. .....
60
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. .....
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. .....
65
(B) The department of developmental disabilities shall
develop both of the following: .....
develop both of the following: .....
67
(1) A model supported decision-making plan that may be
used by a principal and one or more supporters: .....
used by a principal and one or more supporters: .....
69
(2) Informational materials about supported decision- .....
making plans, intended for use by all of the following: .....
making plans, intended for use by all of the following: .....
71
(a) Adults with developmental disabilities: .....
73
(b) Family members of adults with developmental
disabilities: .....
disabilities: .....
74
(c) Social service, medical service, and financial service
professionals and other professionals likely to encounter
supported decision-making plans: .....
professionals and other professionals likely to encounter
supported decision-making plans: .....
76
(d) The general public.
78
Sec. 5123.683. (A) A supported decision-making plan shall .....
be executed in accordance with this section.
be executed in accordance with this section.
80
(B) (1) The plan shall be entered into by the adult with a
developmental disability as the principal and one or more
supporters.
developmental disability as the principal and one or more
supporters.
83
(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. .....
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. .....
89
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:
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:
93
(1) Understanding information, options, responsibilities,
and consequences associated with making decisions;
and consequences associated with making decisions;
96
(2) Communicating the decisions to third parties;
96
(3) Obtaining and understanding information relevant to
life decisions, including medical, psychological, financial,
employment, medicaid, educational, or other records;
life decisions, including medical, psychological, financial,
employment, medicaid, educational, or other records;
99
(4) Monitoring information about the principal's affairs
and services, including future services;
and services, including future services;
101
(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; .....
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; .....
106
(6) Accompanying the principal and participating in
discussions with third parties. .....
discussions with third parties. .....
108
(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. .....
accessing, collecting, or obtaining only information that is
relevant to a decision authorized by the supported decision-
making plan. .....
112
(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. .....
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. .....
120
(3) The existence of a supported decision-making plan does
not preclude the principal from seeking personal information
without the assistance of the supporter. .....
not preclude the principal from seeking personal information
without the assistance of the supporter. .....
123
(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. .....
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. .....
127
(D) A supporter shall act as a fiduciary for the
principal. .....
principal. .....
129
(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: .....
interest or potential conflict of interest in a decision made by
the principal, the supporter shall do both of the following: .....
132
(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; .....
principal and any other members of the principal's support team,
including a service and support administrator or a qualified
intellectual disability professional; .....
136
(b) Refrain from advising or assisting the principal on or
with the decision. .....
with the decision. .....
138
(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. .....
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. .....
142
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. .....
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. .....
147
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. .....
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. .....
153
(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: .....
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: .....
158
(1) The supported decision-making plan has been modified
or ended pursuant to section 5123.685 of the Revised Code. .....
or ended pursuant to section 5123.685 of the Revised Code. .....
160
(2) The principal has not authorized the supporter to
engage in the specific action taken.
engage in the specific action taken.
Sub. S. B. No. 35
As Reported by the Senate Judiciary Committee
As Reported by the Senate Judiciary Committee
Text of SB 35 as committee substitute, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions