§ 15-14-801. Legislative Declaration
The general assembly finds and declares that: Guardianship constitutes one of the most restrictive options available to adults with disabilities and their families; Guardianship should be employed only when a less restrictive alternative would fail to meet the needs of the adult with a disability; Adults with disabilities are presumed competent and have the capacity […]
§ 15-14-802. Definitions
As used in this part 8, unless the context otherwise requires: “Adult” means an individual who is eighteen years of age or older, or an emancipated minor. “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. “Disability” means […]
§ 15-14-803. Supported Decision-Making Agreement – Term
An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more members of the supportive community. The supported decision-making agreement does not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator. Under the agreement, the adult with a disability may […]
§ 15-14-804. Access to Personal Information
The member of the supportive community may only assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when such assistance is specifically requested by the adult with a disability. If the member of the supportive community assists […]
§ 15-14-805. Agreement Requirements – Signature – Witnesses or Notary Public
A supported decision-making agreement may be in any form but is valid only if it contains, at a minimum, the following: The name of the adult with a disability; The name, address, phone number, and e-mail address of the member of the supportive community, if applicable; A list of decisions the adult with a disability […]
§ 15-14-806. Reliance on Agreement – Limitation of Liability
A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented. A person is not subject to criminal or civil liability and does not engage in professional misconduct for an act or omission if the act or omission is done […]
§ 15-14-730. Commodities and Options
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and Establish, continue, […]
§ 15-14-731. Banks and Other Financial Institutions
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal; Establish, modify, and terminate an account or other banking […]
§ 15-14-732. Operation of Entity or Business
Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to: Operate, buy, sell, enlarge, reduce, or terminate […]
§ 15-14-733. Insurance and Annuities
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides […]