Delaware has enacted supported decision-making legislation in 2016, 2017, 2019, and 2021. There are no new supported decision-making bills pending. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.

Guardianship Laws

Supported Decision-Making

Supported Decision-Making Statute

State Legislation

  • S.B. 230, 148th Gen. Assem, 2nd Year (Del. 2015)
    • Description:  Created the option for SDM Agreements, with form to be issued by state agency
      form available here  []
    • Status: Enacted 9/15/16
    • Public Link []
  • H.B. 21, 149th Gen. Assem., 1st Year (Del. 2017)
    • Description: Incorporated SDM services in the medical context of organ transplantation
    • Status: Enacted 9/13/17
    • Public Link []
  • H.B. 123, 150th Gen. Assemb., Reg. Sess. (Del. 2019)
    • Description: Requests the Public Guardian to, among other things, work with advocacy and state agencies to promote systemic reform and recommend changes in the law, procedure and policy necessary to enhance the provision of services for substituted and supported decision-making.
    • Status: Signed by Governor on July 8, 2019
    • Public Link []
None found

Case Law & Court Orders

None found

State Grant Programs

2015/2016 Grantee: Delaware Developmental Disabilities Council []
  • Summary: The grantee convened a statewide conference focused on Supported Decision-Making. The conference attracted 115 attendees including Delaware attorneys, self-advocates, parents and other family members. At the conference, the grantee debuted a video highlighting older adults, people with disabilities, family members, and others speaking about their experiences using Supported Decision-Making. In addition, the grantee conducted extensive research into Supported Decision-Making, to help determine knowledge and acceptance of Supported Decision-Making in this country and around the world.
  • Final report []
  • Drop Box (281 documents) []
  • Video: “Supported Decision-Making Your Support, My Decisions,” Link:

Other Resources

Information Last Updated: July 21, 2022