RCW 11.130.700 Definitions. The definitions in this section apply throughout this section and RCW 11.130.705 through 11.130.755 unless the context clearly requires otherwise. (1) “Disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities. (2) “Supported decision-making agreement” is an agreement between an adult […]
RCW 11.130.705 Purpose. The purpose of RCW 11.130.700 through 11.130.755 is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living. [ 2020 c 312 § 602.] NOTES: Effective dates—2020 c 312: See note following RCW 11.130.915.
RCW 11.130.710 Presumption of capacity. (1) All adults are presumed to be capable of managing their affairs. (2) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult’s affairs. (3) Execution of a supported decision-making agreement may not be used as evidence […]
RCW 11.130.715 Scope. An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following: (1) Provide supported decision making, including assistance in understanding the options, responsibilities, and […]
RCW 11.130.720 Authority of supporter. A supporter may exercise the authority granted to the supporter in the supported decision-making agreement. [ 2020 c 312 § 605.] NOTES: Effective dates—2020 c 312: See note following RCW 11.130.915.
RCW 11.130.725 Term. (1) Except as provided by subsection (2) of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement. (2) The supported decision-making agreement is terminated if: (a) The department of social and health services finds that the adult with a disability has been […]
RCW 11.130.730 Disqualification of supporter. The following are disqualified from acting as a supporter: (1) A person who is an employer or employee of the adult with a disability, unless the person is an immediate family member of the adult with a disability; (2) A person directly providing paid support services to the adult with […]
RCW 11.130.735 Access of supporter to personal information. (1) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. (2) If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal […]
RCW 11.130.740 Execution of agreement. (1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public. (2) If signed before two witnesses, the attesting witnesses must […]
RCW 11.130.745 Form. (1) Subject to subsection (2) of this section, a supported decision-making agreement is valid only if it is in substantially the following form: SUPPORTED DECISION-MAKING AGREEMENT Appointment of Supporter I, ….. (name of supported adult), make this agreement of my own free will. I agree and designate that: Name: ….. (name of […]
RCW 11.130.750 Reliance on agreement—Limitation of liability. (1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement. (2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission […]
RCW 11.130.755 Reporting of suspected abuse, abandonment, neglect, exploitation. 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 a vulnerable adult as defined in RCW 74.34.020 is being abused, abandoned, neglected (including self-neglect), or personally or […]
