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29-3-14-1. “Supported Decision Making”

Sec. 1. As used in this chapter, “supported decision making” refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult. As added by P.L.68-2019, SEC.4.

29-3-14-10. Presumption of Validity

Sec. 10. A supported decision making agreement that complies with section 7 of this chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision making agreement was not validly executed. As added by P.L.68-2019, SEC.4.

29-3-14-11. Immunity; Exception

Sec. 11. (a) Except as provided in subsection (c), a person who, in good faith, relies on an authorization in a supported decision making agreement or who, in good faith, 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. […]

29-3-14-12. Meaning and Effect of Supported Decision Making Agreement

Sec. 12. The meaning and effect of a supported decision making agreement is determined by the law of the jurisdiction in which the supported decision making agreement was executed, unless the supported decision making agreement provides otherwise. As added by P.L.68-2019, SEC.4.

29-3-14-13. Reporting of Abuse or Neglect

Sec. 13. A person who: (1) receives a copy of a supported decision making agreement; or (2) is aware of the existence of a supported decision making agreement; and reasonably believes that an adult is being abused, neglected, or exploited must report the alleged abuse, neglect, or exploitation to adult protective services or another authorized […]

29-3-14-2. “Supported Decision Making Agreement”

Sec. 2. As used in this chapter, “supported decision making agreement” means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters. As added by P.L.68-2019, SEC.4.

29-3-14-3. “Supporter”

Sec. 3. As used in this chapter, “supporter” means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult’s supported decision making agreement. As added by P.L.68-2019, SEC.4.

29-3-14-4. Supported Decision Making Agreements; Execution and Revocation

Sec. 4. (a) An adult may not enter into a supported decision making agreement unless the adult: (1) enters into the agreement voluntarily and without coercion or undue influence; and (2) understands the nature and effect of the agreement. (b) An adult may make, change, or revoke a supported decision making agreement even if the […]

29-3-14-5. Supporter Responsibilities; Prohibited Acts

Sec. 5. (a) A supporter must: (1) support the will and preference of the adult, and not the supporter’s opinion of the adult’s best interests; (2) act honestly, diligently, and in good faith; (3) act within the scope set forth in the adult’s supported decision making agreement; (4) avoid conflicts of interest; and (5) notify […]

29-3-14-6. Communication of a Request or Decision

Sec. 6. A request or decision made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized as the request or decision of the adult for the purposes of any provision of law. As added by P.L.68-2019, SEC.4.

29-3-14-7. Supported Decision Making Agreements; Requirements

Sec. 7. (a) A supported decision making agreement must: (1) name at least one (1) supporter; (2) describe the decision making assistance that each supporter may provide to the adult and how supporters may work together; and (3) if appropriate, be executed by the adult’s guardian. (b) A supported decision making agreement may: (1) appoint […]

29-3-14-9. Termination of Supported Decision Making Agreements

Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations: (1) The adult subject of the supported decision making agreement dies. (2) The adult subject of the supported decision making agreement revokes the agreement under section 8 of this chapter. (3) The named […]