US Lawyer Database

Sec. 13.56.110. Prohibited activities.

A supporter may not (1) exert undue influence on the principal; (2) make decisions for or on behalf of the principal; (3) sign for the principal or provide an electronic signature of the principal to a third party; (4) obtain, without the consent of the principal, information that is not reasonably related to matters with […]

Sec. 13.56.120. Confidentiality, handling, and disposal of information.

A supporter shall keep the information collected by the supporter on behalf of the principal under this chapter confidential, may not use the information for a use that is not authorized by the principal, shall protect the information from unauthorized access, use, or disclosure, and shall dispose of the information properly when appropriate.

Sec. 13.56.130. Recognition of decisions and requests.

A person shall recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the principal for the purposes of a provision of law, and the principal or supporter may enforce the decision or request in law or equity on the same […]

Sec. 13.56.140. Limitation of liability.

(a) A person who, in good faith, either acts in reliance on an authorization in a supported decision-making agreement or declines to honor an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct for (1) complying with an authorization in a supported decision-making agreement, […]

Sec. 13.56.150. Capability and capacity.

(a) In the application of this chapter, a decision that a principal is incapable of managing the principal’s affairs may not be based on the manner in which the principal communicates with others. (b) An adult who enters into a supported decision-making agreement may act without the decision-making assistance of the supporter. (c) A person […]

Sec. 13.56.160. Principal’s affairs.

This chapter applies to decisions related to the following affairs of a principal: (1) monitoring health, obtaining, scheduling, implementing, and coordinating health and support services, understanding health care information and options, providing for care and comfort, and other health care and personal matters in which the principal makes decisions about the principal’s health care; (2) […]

Sec. 13.56.170. Support services.

The following are considered support services under this chapter: (1) house repair, home cleaning, laundry, shopping, and providing meals; (2) transportation, accompanying a principal, and facilitating a principal’s written, oral, and electronic communication; (3) nurse visitations and attendant care; (4) provision of health care; (5) physical and psychosocial assessments; (6) financial assessments and advice on […]

Sec. 13.56.180. Form for supported decision-making agreement.

A supported decision-making agreement must be in substantially the following form: STATUTORY FORM FOR SUPPORTED DECISION MAKING AGREEMENT (1) INTRODUCTION. I, __________________________________, want to have one or more persons I trust help me make decisions, obtain and understand the information I need to make my decisions, and tell other people about my decisions. The people […]

Sec. 13.56.190. Definitions.

In this chapter, unless the context indicates otherwise, (1) “adult” means an individual who is 18 years of age or older; (2) “affairs” means the affairs described in AS 13.56.160; (3) “capacity” means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed […]