The right to choose shouldn’t be a 2026 debate topic
Legislative Fellow
Mariama Bah
Our Declaration of Independence decrees, “All men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness” — unless you’re one of the thousands of Americans with disabilities who are denied the dignity to make choices about their life. In 2026, this should not still be a debate.
Guardianship is the legal practice of placing individuals and their decision making authority to someone else which is often a court appointed guardian, such as a family member. Supported Decision Making (SDM), on the other hand, offers a rights-centered approach in which the individual can choose supporters to assist them in understanding and communicating options.
As of 2026, 39 states and Washington D.C. have recognized SDM agreements that urge courts to consider the option of supporters before guardianship. SDM works to preserve autonomy while meeting the needs of those with disabilities.
Why don’t our existing legal frameworks allow people to exercise their basic rights of self-determination?
As it stands in the state of Connecticut, individuals with disabilities do not have legal authority to enter SDM agreements, which leads service providers, medical institutions, and organizations to not honor informal support relationships, pushing individuals toward unnecessarily restrictive guardianship in some cases.
The absence of clear legislation protecting SDM underscores the ongoing disconnect between civil rights in theory and civil rights as actualized and codified in the law.
Other states have set the precedent that SDM legislation can be implemented effectively. North Carolina introduced SDM legislation as a Senate bill in 2024, and it passed in the chamber unanimously. Since the introduction of the bill, there have been policy and education efforts set forth by an initiative called, “Making Alternatives to Guardianship a Reality in North Carolina” (MAR-NC). It has reached over a thousand individuals and upholds outreach efforts by offering translations, training and spreading awareness amongst communities.
Currently, the Connecticut General Assembly (CGA) is in session and recently introduced legislation on SDM, H.B 5845, has reached a joint favorable in the Human Services Committee – but it hasn't been brought into law just yet. While progress has been made, there are still over a thousand individuals in the state of Connecticut who are depending on this legislation to provide a legally recognized pathway of SDM.
With a hearing on the line, the CGA has a unique opportunity to uphold the civil rights of their constituents. Supported Decision Making is not a bipartisan issue — it is a critical civil rights concern.
In 2026, we must recognize that disability rights are guaranteed — not conditional — civil rights.
Photo credit: Unsplash
April 17, 2026
