§ 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 agreement may include any of the following:
(i) Designation of more than one supporter;
(ii) Provision for an alternate to act in the place of a supporter in such circumstances as may be specified in the agreement; and
(iii) Authorization for a supporter to share information with any other supporter named in the agreement, as a supporter believes is necessary.
(c) A supported decision-making agreement is valid only if all of the following occur:
(1) The agreement is in a writing that contains the elements of the form contained in § 42-66.13-10;
(2) The agreement is dated; and
(3) Each party to the agreement signed the agreement in the presence of two (2) adult witnesses, or before a notary public.
(d) The two (2) adult witnesses required by subsection (c)(3) of this section may not be any of the following:
(1) A supporter for the principal;
(2) An employee or agent of a supporter named in the supported decision-making agreement;
(3) A paid provider of services to the principal; and
(4) Any person who does not understand the type of communication the principal uses, unless an individual who understands the principal's means of communication is present to assist during the execution of the supported decision-making agreement.
(e) A supported decision-making agreement must contain a separate declaration signed by each supporter named in the agreement indicating all of the following:
(1) The supporter's relationship to the principal;
(2) The supporter's willingness to act as a supporter; and
(3) The supporter's acknowledgement of the role of a supporter under this chapter.
(f) A supported decision-making agreement may authorize a supporter to assist the principal to decide whether to give or refuse consent to a life-sustaining procedure pursuant to the provisions of chapters 4.10 and 4.11 of title 23.
(g) A principal or a supporter may revoke a supported decision-making agreement at any time in writing and with notice to the other parties to the agreement.
History of Section. (P.L. 2019, ch. 113, § 1; P.L. 2019, ch. 124, § 1.)
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