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Minutes for HB2345 - Committee on Judiciary
Short Title
Enacting the supported decision-making agreements act to provide a statutory framework for adults who want decision-making assistance.
Minutes Content for Wed, Jan 17, 2024
Chairperson Humphries opened the hearing on HB2345, Natalie Scott provided an overview of the bill. She stood for questions. (Attachment 1)
Proponent
Lorie Barnes explained Mental illness impacts our thoughts, feelings, and behaviors; each one of these plays a role in decision-making. To make healthy decisions, we rely on our rational, organized thought processes, balanced emotions, and actions that support our decisions. However, mental illness can interfere and make facing a big life choice overwhelming. A Supportive-Decision Making Agreement lets the individual have someone help them with their decisions, rather than making them for them. An Supportive-Decision Making Agreement can be a great option, as it promotes individual autonomy and empowerment and helps them to live a meaningful, self-directed life. (Attachment 2)
Stephanie Coleman explained the process of having guardianship for her autistic son to him eventually becoming fully independent. (Attachment 3)
Colin Olenick explained this bill offers several advantages over simply using Supported Decision Making (SDM) informally like he uses now. It would make it easier for someone to put into writing what they want help with and what they don’t. These written SDM Agreements can be easier and less expensive for individuals to set up. All it takes is for everyone to sign with either two witnesses (who also sign) or a notary. It will provide protections for supporters and make it easier for them to be a supporter. It also includes enhanced penalties to be a deterrent from abuse. Please pass HB2345 to help him and others be able to use supported decision making agreements. Kansas should join the growing number of states with SDM laws. (Attachment 4)
Callie Simmons explained at its core, Supported Decision Making (SDM) is a practice most of us utilize everyday when we rely on family and friends to help us make personal decisions. While many of us likely take this for granted, it is a right that too frequently is removed from individuals with disabilities who are subjected to unnecessary and restrictive guardianship's. Providing the option of a Supportive-Decision Making Agreement is an effective alternative to guardianship that will protect the rights of Kansans with disabilities to live independently and lead self-determined lives with the support of trusted family members, friends, or professionals. (Attachment 5)
Mike Burgess explained this bill will have no impact on anyone who currently has a guardianship (or may need to have one in the future). But it should help many families who want a system where their adult may need some help, but not need a guardianship. (Attachment 6)
The proponents stood for questions at the end of their individual testimonies.
Chairperson Humphries referred to the written testimony available and encouraged members to read through it all.
Written Proponent
- Martha Gabehardt, Executive Director, Kansas Commission on Disability Concerns (Attachment 7)
- Ami Hyten, JD, Executive Director, Topeka Independent Living Resource Center Inc. (Attachment 8)
- Dan Goodman, Executive Director, Kansas Advocats for Better Care (KABC) (Attachment 9)
- Audrey Schremmer, Executive Director, Three Rivers Inc. (Attachment 10)
- Camile K. Russell, Office of State Long-Term Care Ombudsman (Attachment 11)
- Barb Conant, KanCare Advocates Network (Attachment 12)
- Laura Pederzani, Executive Director, Aacare Inc. (Attachment 13)
- Jamie Gideon, Kansas Director of Public Policy, Alzheimer's Association (Attachment 14)
- Tami Allen, Co-Executive Director/Parent, Families Together Inc. (Attachment 15)
- Skylar Schwindt, Consumer (Attachment 16)
- Amy Campbell, Lobbyist & Coordinator, Kansas Mental Health Coalition (Attachment 17)
- Jawanda Mast, Parent (Attachment 18)
- Chris Chastain, Public Policy and Advocacy Director, NAMI Kansas (Attachment 19)
- Annarose White, Sibling/Advocate (Attachment 20)
- Brad Linnenkamp, Individual (Attachment 21)
Opponent
Joe Molina stated he wanted to be very clear the Kansas Bar Association (KBA) supports the underlined purpose of HB2345. They support the principles of self-determination, personal autonomy, and independence. These are Kansas principles. However, the KBA believes there are currently adequate alternatives that can meet the needs of those who wish to enter SDM agreements. The KBA is also concerned about the potential for abuse and exploitation due to a lack of oversight of the supporter and the possible confusion dual agreements will have on the parties. (Attachment 22) Mr. Molina provided an example of another document that would work as a substitute. It is attached. (Attachment 23)
Kelly VanZwoll sated she would like to start by saying that they understand the intent of this legislation and would like to work with any interested parties to be part of a solution. However; the bill, as drafted, creates some concerns not only for our industry, but for the customers we serve. Those concerns are explained in her written testimony which is attached. (Attachment 24)
The opponents stood for questions at the end of their individual testimonies.
Chairperson Humphries closed the hearing on HB2345.
Chairperson Humphries adjourned the meeting at 5:08 pm.
