US Lawyer Database

As used in this part 8, unless the context otherwise requires:

  1. “Adult” means an individual who is eighteen years of age or older, or an emancipated minor.
  2. “Assist” means helping an adult with a disability weigh the pros and cons of a decision and understand the possible outcomes of making such a decision.
  3. “Disability” means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
  4. “Member of the supportive community” means a person whom the adult has identified, whom the adult trusts to engage in the supported decision-making process, and who understands the adult’s desires and personal values.
  5. “Supported decision-making” means a process in which an adult with a disability has made or is making decisions by using friends, family members, professionals, or other people the adult with a disability trusts to:
    1. Help understand the issues and choices;
    2. Answer questions;
    3. Provide explanations in a language the adult with a disability understands;
    4. Communicate the adult with a disability’s decision to others, if necessary and if specifically requested by the adult with a disability; or
    5. Facilitate the exercise of decisions regarding the adult with a disability’s day-to-day health, safety, welfare, or financial affairs.
  6. “Supported decision-making agreement” or “agreement” means a voluntary agreement entered into pursuant to this part 8 between an adult with a disability and one or more members of the adult with a disability’s supportive community.

Source: L. 2021: Entire part added, (SB 21-075), ch. 61, p. 246, § 1, effective September 7.