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Emily Kaltenbach Secretary | Aging and Long Term Services Department

New Mexico House approves supported decision-making act

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The New Mexico House has passed the Supported Decision-Making Act, which seeks to provide adults, including those with mental illness and intellectual or developmental disabilities, the legal right to enter into a supported decision-making (SDM) agreement. This legislation aims to offer individuals an alternative to full adult guardianship, providing them with autonomy while receiving necessary assistance.

Rep. Michelle Abeyta, who sponsored the bill, stated, “Saturday’s vote was for all New Mexicans who have been told you can’t do something or make your own decisions. This will give us a legally recognized option for individuals to direct their own lives and retain their power, while also receiving the assistance they need.”

The bill would ensure additional legal protections for adults seeking advice from trusted friends or family when making important choices. Emily Kaltenbach, Aging and Long-Term Services Department (ALTSD) Cabinet Secretary, commented on the potential benefits: “We know that when we maintain the authority to direct our own choices, we live healthier, happier and higher quality lives. With this option, New Mexico families have more opportunities to avoid entering systems such as guardianship, which are costly, restrictive and not always the best fit.”

Currently, options for individuals requiring extra support are limited beyond full adult guardianship. The introduction of SDM is intended to create a middle ground that increases autonomy while ensuring structured guidance is available.

If enacted into law, the bill would establish a new program within the Office of Guardianship dedicated to SDM. ALTSD plans to collaborate with this office to connect interested adults with relevant resources. Having received unanimous bipartisan support in the House, the bill will now proceed to the Senate for consideration.

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