Bobby Boucher lives with his mother in a small rural Louisiana community outside Baton Rouge. He has a mild developmental disability and significant social anxiety. Bobby works part-time maintaining equipment and cleaning at the local college football stadium. He is kind, hardworking, and extremely knowledgeable about sports and athletic equipment, but he has little experience making major independent decisions. After a fateful practice, Bobby’s football prowess is discovered and he is offered a spot on the school’s football team.
Suddenly, Bobby is confronted with a series of important and unfamiliar decisions. Local businesses ask whether he wants to sign something called a “name, image, and likeness agreement.” After an injury on the field, team doctors explain Bobby must undergo an “arthroscopic meniscus repair.” University staff encourage Bobby to sign housing contracts, meal plans, insurance forms, and academic eligibility paperwork. Bobby knows what he wants: he wants to stay close to his mother and play football. But he struggles to understand the legal, financial, and medical consequences of many of these decisions without guidance.
Bobby’s situation illustrates a question many families face when a child with a disability approaches adulthood: when does a person simply need help understanding and communicating decisions, and when is a more formal legal arrangement necessary? As children grow older, parents naturally want them to become more independent. But for families of children with disabilities or special needs, turning 18 can bring new questions and concerns because at 18, the state of Louisiana recognizes a person as an adult. Parents often wonder: Will my child be able to make important decisions on their own? If not, what kind of help or legal protection may be needed?
Since its enactment in 2020, many Louisiana families are beginning to explore the option of supported decision-making. Supported decision-making allows a person with disabilities to get help understanding and making decisions while still keeping all their legal rights. Instead of having a court fully remove a person’s ability to make choices through a continuing tutorship or interdiction, the individual chooses trusted people to help them gather information, understand options, and communicate decisions.
For many young adults, this can provide a good balance between independence and protection. A person using supported decision-making may ask parents, siblings, friends, or professionals to help with decisions involving healthcare, finances, education, housing, or employment. The supporters do not make decisions for the person. Instead, they help the person understand choices and make informed decisions on their own. Unlike other legal options in Louisiana, such as a power of attorney, a supported decision-making agreement does not give the supporter the legal authority to make decisions for the person. The supporter can only offer advice and support, allowing the adult child the autonomy to make all final decisions.
Supported decision-making may work well for individuals who can communicate their wishes and understand basic decisions, even if they need extra guidance or explanation. For example, Bobby may have no issue determining that he does not want to sign a housing contract since it would mean moving out of his mom’s house. Bobby may, however, wish to have guidance after a local business asks him to sign a “name, image, and likeness agreement.” The contract promises free gear and extra money, but it also requires Bobby to travel often and miss time with his family and classes. Bobby likes the idea of earning money, but he does not fully understand the contract or how it could affect his school and football schedule. With supported decision-making, someone Bobby trusts could help explain the agreement in simple terms and think about whether the deal aligns with his goals. Bobby would still make the final decision, but he would have support to better understand his choices.
While a supported decision-making agreement may work well for a young adult like Bobby, it may not be the best option for other young adults and their families. Under Louisiana law, third parties are not required to include the supporter before decisions are made, which can limit how helpful the agreement actually is. In more serious situations, supported decision-making may not provide enough protection for a person who cannot fully understand important medical or financial decisions, is vulnerable to manipulation, or cannot safely communicate their needs. In those cases, families may need to consider stronger legal tools in Louisiana, such as interdiction, continuing tutorship, powers of attorney, or other protective arrangements depending on the person’s needs.
Every family’s situation is different. What works well for one person may not work for another. Some individuals may thrive with supported decision-making, while others may need additional legal safeguards. Because these decisions can affect a child’s future, it is important to understand all available options before making a choice.
The information provided is not intended to be legal or tax advice and does not constitute any attorney/client relationship. You should consult with an attorney for individual advice regarding your own situation.
Ms. Melancon is an attorney with Legacy Estate & Elder Law of Louisiana, LLC with offices in Baton Rouge, New Orleans and Lake Charles, LA. The primary focus of her practice is estate planning, probate, special needs planning, and elder law. For more information or to attend an upcoming estate planning seminar, call her office at (225) 744-0027.
