Work

The Legal Landscape for Supported Decision-Making in the United States and its Application to Clinical Research

Year: 2026

Type: article

Abstract: Supported decision-making is rapidly gaining attention as an alternative to guardianship and other forms of surrogate decision-making for people with cognitive disabilities. This article provides an overview of the legal status of supported decision-making in the United States, with particular attention to how states are recognizing supported decision-making in different legal contexts. It then explores how the law of supported decision-making applies to clinical research. It explains that although federal research regulations and guidance do not explicitly address formal supported decision-making, individuals may use supported decision-making to make decisions about participating in clinical research and researchers may be required to allow such use under federal laws that protect against disability discrimination. It then concludes by considering legal barriers to greater use of supported decision-making and how these barriers might be overcome.

Source: The Journal of Law Medicine & Ethics

DOI: 10.1017/jme.2025.10202

Authors: Nina A. Kohn, Megan S. Wright, Robert D. Dinerstein

Institutions: Yale University, Syracuse University, Pennsylvania State University, American University

Language: English

Topic: Healthcare Decision-Making and Restraints

Subfield: Clinical Psychology

Field: Psychology

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Good health and well-being

Open Access status: hybrid

Estimated APC paid: $3,550