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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
