Supported Decision-Making Kansas: The 2026 Alternative to Guardianship

A Legal Framework That Didn't Exist Before 2026

Until 2026, Kansas families had a binary choice when a parent started struggling with decisions: either the parent handles everything alone, or the family petitions for court-ordered guardianship that strips the parent's legal rights. No middle ground.

The Supported Decision-Making Agreements Act (2026 Senate Bill 84) created that middle ground. It lets a parent with mild cognitive impairment — someone who can still understand and make choices but needs help gathering information and communicating decisions — formalize a support arrangement without any court involvement.

How a Supported Decision-Making Agreement Works

The agreement is a voluntary, written contract between the parent (the "principal") and one or more trusted adults (the "supporters"). It's not a power of attorney. The supporter does not make decisions for the parent. Instead, the supporter helps the parent make their own decisions.

Specifically, a supporter can:

• Help schedule and attend medical appointments
• Access and explain financial records, medical records, and legal documents
• Monitor the parent's physical care and living conditions
• Help communicate the parent's decisions to third parties (doctors, banks, government agencies)

A supporter cannot:

• Make decisions on behalf of the parent
• Sign legal documents for the parent
• Exert undue influence over the parent's choices
• Override the authority of an existing court-appointed guardian or conservator (unless that fiduciary provides express written consent)

The distinction matters. A power of attorney transfers decision-making authority. A supported decision-making agreement preserves it — the parent remains the decision-maker, with assistance.

Who This Works For

Supported decision-making fits a specific gap in the elder care spectrum:

Good fit:

• Early-stage dementia where the parent still understands their situation and can express preferences with prompting
• Physical disabilities that make it hard to manage paperwork, attend appointments, or communicate with institutions — but the parent's judgment is intact
• Mild cognitive impairment that makes complex financial or medical decisions harder without someone to explain the options
• Parents who are isolated or overwhelmed by bureaucracy but mentally capable of choosing when information is presented clearly

Not a fit:

• Moderate to advanced dementia where the parent cannot understand or evaluate information even with assistance
• Situations where the parent cannot communicate preferences at all
• Active financial exploitation where the "supporter" is the person doing the exploiting
• Any situation where the parent needs someone to make decisions for them — that requires a POA or guardianship

Execution Requirements

To be legally valid, the agreement must:

1. Be in writing and dated
2. Explicitly outline the specific areas where the supporter may assist (don't leave it vague — name the domains: medical, financial, housing, government benefits)
3. Be signed by both the principal and the supporter(s)
4. Include a separate supporter declaration — each supporter signs an acknowledgment that they agree to act, understand their role, and owe the principal a strict fiduciary duty

The Kansas Judicial Council developed a standard form for these agreements. Use it — substantial compliance with the Council's form satisfies the statutory requirements.

The Fiduciary Duty and Criminal Penalties

Supporters aren't just informal helpers. Under SB 84, they owe the principal a strict fiduciary duty. This means acting solely in the principal's interest, maintaining confidentiality, and never using their position for personal gain.

The enforcement mechanism has teeth: any violation of the Supported Decision-Making Agreements Act is classified as mistreatment of an elder person or dependent adult under Kansas criminal law. This includes exerting undue influence, making unauthorized decisions, or exploiting access to the principal's records or finances.

How This Intersects With the 2026 Guardianship Reforms

SB 84 wasn't enacted in isolation. It works alongside the KUGCOPAA guardianship reform that took effect the same year. The connection:

Under KUGCOPAA, courts must apply the "least restrictive alternative" standard before granting guardianship. A supported decision-making agreement is explicitly listed as one of those alternatives. So if a family files for guardianship and the court determines that the adult's needs could be met with a supported decision-making arrangement instead, the petition may not satisfy that standard.

KUGCOPAA also introduced the "substituted judgment" standard for guardians who are appointed — requiring them to make the decisions the adult would have made for themselves, based on their history and values. The philosophy is the same: preserve autonomy wherever possible.

Ending the Agreement

The principal can terminate all or part of the agreement at any time. A supporter can terminate all or part of the supporter's obligations, including the declaration of support. Termination must be dated and in writing and is effective upon execution; no court approval is required.

Where Supported Decision-Making Fits in Your Planning

For many families, the right approach is layered:

1. Supported decision-making agreement — for the current period while the parent can still direct their own choices with help
2. Durable powers of attorney — executed while the parent has capacity; financial authority can be immediate or springing, while a healthcare POA can be made effective immediately
3. Guardianship — the backstop if capacity is lost without a POA in place

The Kansas Power of Attorney & Guardianship Kit includes the supported decision-making agreement form alongside the POA and guardianship documents, with guidance on when each tool is appropriate and how they work together across the progression of cognitive decline.

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