Section 42-66.13-1. – Short title.

§ 42-66.13-1. Short title. This chapter shall be known and may be cited as the “Supported Decision-Making Act.” History of Section.P.L. 2019, ch. 113, § 1; P.L. 2019, ch. 124, § 1.

Section 42-66.13-10. – Form of supported decision-making agreement.

§ 42-66.13-10. 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 Appointment of Supporter I, ………………  (insert your name), make this agreement of […]

Section 42-66.13-2. – Purpose.

§ 42-66.13-2. Purpose. (a) The purpose of this chapter is to achieve all of the following: (1) Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions for adults who would benefit from decision-making assistance; (2) Give supporters legal status to be with the adult and participate in discussions with others when […]

Section 42-66.13-3. – Definitions.

§ 42-66.13-3. Definitions. For the purposes of this chapter: (1) “Adult” means an individual who is eighteen (18) years of age or older. (2) “Affairs” means personal, healthcare, and matters arising in the course of activities of daily living and including those healthcare and personal affairs in which adults make their own healthcare decisions, including […]

Section 42-66.13-4. – Presumption of capacity.

§ 42-66.13-4. Presumption of capacity. (a) All adults are presumed to be capable of managing their affairs and to have legal capacity. (b) 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. (c) Execution of a supported decision-making agreement may […]

Section 42-66.13-5. – Supported decision-making agreements.

§ 42-66.13-5. Supported decision-making agreements. (a) A supported decision-making agreement must include all of the following: (1) Designation of at least one supporter; (2) The types of decisions for which the supporter is authorized to assist; and (3) The types of decisions, if any, for which the supporter may not assist. (b) A supported decision-making […]

Section 42-66.13-6. – Supporters.

§ 42-66.13-6. Supporters. (a) Except as otherwise provided by a supported decision-making agreement, a supporter may do all of the following: (1) Assist the principal in understanding information, options, responsibilities, and consequences of the principal’s life decisions, including those decisions relating to the principal’s affairs or support services; (2) Help the principal access, obtain, and […]

Section 42-66.13-7. – Recognition of supporters.

§ 42-66.13-7. 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 by the principal or supporter in law or equity […]

Section 42-66.13-8. – Access to information.

§ 42-66.13-8. Access to information. (a) A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-191], educational records under the Family Educational Rights and Privacy […]

Section 42-66.13-9. – Reporting of suspected abuse, neglect, or exploitation.

§ 42-66.13-9. Reporting of suspected abuse, neglect, or 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 the principal, who is an adult with a developmental disability or an elder, is being abused, neglected, or […]