464-D:1 Purpose. – It is the purpose of this chapter to establish and recognize a less restrictive alternative to guardianship for adults with disabilities. It fulfills this purpose by authorizing a legal option for adults with disabilities who seek assistance in making life decisions but choose to retain all of their legal rights. The […]
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 […]
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 […]
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 […]
464-D:13 Monitors for Financial Matters. – I. If a supporter is authorized in a supported decision-making agreement to assist a principal with his or her financial affairs, a principal may designate a monitor. II. A monitor designated under this section shall ensure that the supporter is complying with RSA 464-D:9 and 464-D:10. Source. 2021, […]
464-D:14 Reporting of Abuse and Neglect. – I. If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the principal has been abused, neglected, or financially exploited by the supporter, the person shall promptly report the […]
464-D:15 Access to Information. – I. A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a dated specific consent executed by the principal, protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, educational records under the Family Educational […]
464-D:16 Form of Supported Decision-making Agreement. – A supported decision-making agreement may be in any form not inconsistent with the following form and the other requirements of this chapter. Use of the following form is presumed to meet statutory provisions. SUPPORTED DECISION-MAKING AGREEMENT This agreement must be communicated to all parties to the agreement […]
464-D:2 Construction and Administration. – This chapter is to be administered and interpreted in accordance with the following principles: I. All adults should be able to choose to live in the manner they wish and to accept or refuse support, assistance, or protection; II. All adults should be able to be informed about and […]
464-D:3 Presumption of Capacity. – I. All adults are presumed to be capable of managing their affairs and to have legal capacity. II. The manner in which an adult communicates with others is not grounds for a determination that the adult is incapable of managing the adult’s affairs. III. Execution of a supported decision-making […]
464-D:4 Definitions. – I. " Adult " means an individual who is 18 years of age or older. II. " Disability " means a physical or mental impairment that substantially limits one or more major life activities of a person. III. " Immediate family member " means a spouse, child, sibling, parent, grandparent, grandchild, […]
464-D:5 Subject Matter of Agreement. – A principal may identify any type of decision to be the subject of an agreement under this chapter. Such matters may include, but are not limited to: I. Physical and mental health care. II. Managing and using income and assets. III. Support services. IV. Employment. V. Food and […]
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 […]
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 […]
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 […]
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 […]