82.14 – Reporting Abuse, Coercion, Undue Influence, or Financial Exploitation.
* § 82.14 Reporting abuse, coercion, undue influence, or financial exploitation. (a) Any person who receives a copy of or an original supported decision-making agreement and has cause to believe the decision-maker is being abused, physically coerced, or financially exploited by a supporter, may report the alleged abuse, physical coercion, or financial exploitation to adult […]
82.15 – Rules and Regulations.
* § 82.15 Rules and regulations. (a) The commissioner of the office for people with developmental disabilities shall promulgate within one year of the passage of this act the rules and regulations necessary to implement this article for adults who receive or are eligible to receive services that are operated, certified, funded or approved by […]
83.01 – Short Title.
§ 83.01 Short title. This article shall be known and may be cited as the “uniform adult guardianship and protective proceedings jurisdiction act”.
82.05 – Duties, Responsibilities, and Authority of Supporters.
* § 82.05 Duties, responsibilities, and authority of supporters. (a) A supporter must: 1. respect the decision-maker’s right to make a decision, even when the supporter disagrees with the decision or believes it is not in the decision-maker’s best interests; 2. act honestly, diligently, and in good faith; 3. act within the scope set forth […]
82.06 – Formation and Term of Agreement.
* § 82.06 Formation and term of agreement. (a) An adult may enter into a supported decision-making agreement at any time if the adult enters into the agreement voluntarily. (b) A decision-maker may sign a supported decision-making agreement in any manner, including electronic signatures permitted under article three of the state technology law. (c) A […]
81.41 – Court Examiner Education Requirements.
§ 81.41 Court examiner education requirements. (a) Each incapacitated person is entitled to a thorough examination of all reports required to be filed by the guardian. (b) Each person appointed pursuant to section 81.32 of this article must complete a training program approved by the chief administrator which covers the legal duties and responsibilities of […]
81.42 – Compliance.
§ 81.42 Compliance. (a) A motion to dismiss based on the alleged failure to comply with any of the provisions of this article, other than subparagraph (i) of paragraph one of subdivision (d) of section 81.07 of this article, must be determined without regard to technical mistakes, deficiencies, and omissions that do not result in […]
81.43 – Proceedings to Discover Property Withheld.
§ 81.43 Proceedings to discover property withheld. (a) To the extent that it is consistent with the authority otherwise granted by the court a guardian may commence a proceeding in the court which appointed the guardian to discover property withheld. The petition shall contain knowledge, or information and belief of any facts tending to show […]
81.44 – Proceedings Upon the Death of an Incapicitated Person.
§ 81.44 Proceedings upon the death of an incapacitated person. (a) When used in this section: 1. “Statement of death” means a statement, in writing and acknowledged, containing the caption and index number of the guardianship proceeding, and the name and address of the last residence of the deceased incapacitated person, the date and place […]
82.01 – Legislative Findings and Purpose.
* § 82.01 Legislative findings and purpose. (a) The legislature finds that a person’s right to make their own decisions is critical to their autonomy and self-determination. People with intellectual, developmental, cognitive and psychosocial disabilities are often denied that right because of stigma and outdated beliefs about their capability. This right is denied, despite the […]