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Minutes for HB2034 - Committee on Federal and State Affairs
Short Title
Enacting the supported decision-making agreements act to provide a statutory framework for adults who want decision-making assistance.
Minutes Content for Thu, Jan 24, 2019
Chairperson Barker opened the hearing on HB2034. Jason Long, Revisor, provided an overview of the bill (Attachment 6). Questions were asked by Representatives Humphries, Resman, Eplee, and Mason.
Chairperson Barker stated that a number of states have passed this legislation. Under this bill, a person can make their own decisions, but it will allow them to confer with a parent or another adult to help them in specific areas. This is different from a power of attorney in that the supporter has no legal authority over the affairs of the principal. The supporter cannot sign any documents or make any decisions on behalf of the principal. In addition, a number of states have passed similar legislation. Currently the only option in Kansas is a conservator/guardianship where the principal has no authority; the guardian/conservator makes all decisions. This will allow the individual to make their own decisions, but they get assistance from another person in a specific area.
Chairperson Barker recognized Steve Gieber who testified as a proponent of HB2034 (Attachment 7). Supported decision-making is a legal alternative to guardianship. It is also a means to empower people with disabilities and the aged to remain at the center of decision-making processes in their lives. He is the Executive Director of the Kansas Council on Developmental Disabilities. This council was created over 50 years ago by federal law. Their objective is to help people with developmental disabilities live productive lives in their communities.
Chairperson Barker recognized Sean Swindler who testified in support of HB2034 (Attachment 8). He is the parent of a 17-year-old high school senior with autism and an intellectual disability. His son has many skills and has a part-time job, but he has problems in math and some other areas. Mr. Swindler and his wife do not want to have to take guardianship of their son. They believe supported decision making would be an ideal tool to assist him as he moves out on his own.
Jawanda Mast testified as a proponent of HB2034 (Attachment 9). Her 19-year-old daughter, Rachel, has Downs syndrome. Rachel is currently attending college at Missouri State University. While in high school, she was on the honor roll and was the volleyball manager. She testified before the Kansas legislature in 2015 in support of the Kansas ABLE Act in 2015. Rachel needs help with her finances. They were told in 2018 that the only option available would be for them to set up a guardianship for Rachel, and that was something they did not want to do because Rachel is not incapacitated. She believes HB2034 would empower individuals like Rachel be able to live the lives they want to live.
Chairperson Barker called upon Brad Linnenkamp who testified as a proponent of HB2034 (Attachment 10). He works for the Self-Advocate Coalition of Kansas. Although he has some disabilities, he was raised to be an independent productive citizen. He owns his home and van. None of this would have been possible without supported decision making.
Barbara Hickert provided testimony in support of HB2034 (Attachment 11). The State Long-Term Care Ombudsman advocates for the rights of individuals residing in adult care homes in the state. They often get complaints related to guardianship and other substitute decision-making instruments. Supported Decision-Making continues familiar and lifelong ways of making choices. This bill does not interfere or change the established laws regarding guardianship or conservatorship.
Chairperson Barker recognized Mike Oxford as a proponent on HB2034 (Attachment 12). Support decision-making is needed in Kansas. People with disabilities are increasingly working, volunteering, being educated and otherwise participating in community life. However, the legal and human right to communicate in one's own fashion and to be heard and have the expressed wishes of the speaker honored, has not kept pace with these other advances. That leaves these people and their support networks in legal limbo.
Mike Wasmer testified as a proponent of HB2034 (Attachment 13). He has a 19-year-old daughter who has autism. She is now a sophomore at the University of Iowa majoring in math. While she is very skilled academically, she struggles with independent living and social skills and she has some mental health issues. A guardianship would be too restrictive for her. During her first semester at college, she had a mental health crisis. When they found out about it, they were not able to reach her by phone. They called the dorm and asked the RA to check on her, which they said they would do, but the RA told the parents that further information, including whether she was okay, could not be provided because she was an adult. The supported decision-making agreement is the least restrictive option to help parents in these types of situation.
Mitzi McFatrich provided testimony in support of HB2034 (Attachment 14). This bill is a positive approach for older adults and their caregivers.
Chairperson Barker recognized Mike Burgess as a proponent of HB2034 (Attachment 15). This bill would have no impact on anyone who currently has a guardianship, but it will help many families where their adult may need some help but does not need a full-blown guardianship.
Chairperson Barker stated that there was written proponent testimony from the Kansas Council on Developmental Disabilities (Attachment 16); Nikki Heiman (Attachment 17); Ernest Kutzley with AARP (Attachment 18); and Connie Zienkewicz of Families Together (Attachment 19), as well as written neutral testimony from Steve Karrer, Deputy Attorney General (Attachment 20).
Chairperson Barker said that the Judicial Council and the Kansas Bar Association have no opposition to this bill.
Questions were asked by Representatives Smith, Houser, Eplee, and Humphries as well as Chairperson Barker.
Chairperson Barker closed the hearing on HB2034.
Chairperson Barker asked if there were any further requests for bill introductions. There were none.
Chairperson Barker stated that there would not be a meeting next Monday. He stated that he plans to work HB2034 in the near future so if anyone wants to make an amendment, they should do that soon.
There being no further business, the Chairperson adjourned the meeting at 10:15 a.m.
