Section 464-D:6 – Limitations of Agreement.
464-D:6 Limitations of Agreement. – I. An agreement under this chapter may coexist with, but not conflict with, a guardianship or other court order. II. An agreement under this chapter may be for a definite term. In the absence of a provision setting a definite term of the agreement, the agreement shall remain in […]
Section 464-D:7 – Form and Content of Valid Agreement.
464-D:7 Form and Content of Valid Agreement. – I. In order to be valid under this chapter, a supported decision-making agreement shall include all of the following: (a) Designation of at least one supporter. (b) A description of the types of decisions for which the supporter is authorized to assist. (c) A description of […]
Section 464-D:8 – Termination of Agreement.
464-D:8 Termination of Agreement. – I. A principal may terminate a supported decision-making agreement at any time. Such termination may be accomplished by any of the following actions by the principal: (a) Providing written notice to all of the supporters named in the agreement. (b) Verbally expressing the intent to terminate the agreement in […]
Section 464-D:9 – Duties of Supporters.
464-D:9 Duties of Supporters. – A supporter is in a fiduciary relationship with the principal and is subject to the following requirements: I. To act loyally, without self-interest, and in good faith. II. To act within the authority granted in the agreement and by this chapter. III. To avoid conflicts of interest. IV. To […]
Section 464-D:10 – Authority of Supporters.
464-D:10 Authority of Supporters. – I. A supporter may only exercise the authority granted to the supporter in the agreement. II. A supporter is not a surrogate decision maker for the principal and is not authorized to sign legal or other documents on behalf of the principal or to bind the principal to a […]
Section 464-D:11 – Recognition of Supporters.
464-D:11 Recognition of Supporters. – A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced in law or equity on the same basis […]
Section 464-D:12 – Persons Ineligible to be Supporters.
464-D:12 Persons Ineligible to be Supporters. – Any of the following are prohibited from acting as supporters. I. A person who is an employer or employee of the principal, unless the person is an immediate family member of the principal. II. A person providing paid support services, unless the person is an immediate family […]
Section 464-C:20 – Effect of Registration.
464-C:20 Effect of Registration. – I. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the […]
Section 464-C:21 – Uniformity of Application and Construction.
464-C:21 Uniformity of Application and Construction. – In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source. 2015, 79:1, eff. Jan. 1, 2016.
Section 464-C:22 – Relation to Electronic Signatures in Global and National Commerce Act.
464-C:22 Relation to Electronic Signatures in Global and National Commerce Act. – This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery […]