Adults could choose supporters to help them understand important choices and share their wishes, while keeping control of their decisions through a signed, notarized agreement.
Adults could choose supporters to help them understand choices and communicate their wishes. The supporters would not take over the adult's decisions.
Courts could suspend or end a supporter's role for abuse or serious harm. Mandated reporters would have to report suspected mistreatment by a supporter.
State offices would train adults and supporters on these agreements, and schools would share oversight information at a student's first education plan meeting after turning 16.
A legislative commission would study ways to help providers check whether decision-making agreements and other authorizations are current.
An adult may sign an agreement naming one or more people to help with decisions. An adult age 18 or older may choose one or more supporters. The agreement must list the decisions each supporter may help with. The agreement must be signed and dated before a notary, and evidence of pressure or threats makes it invalid. Supporters may not decide or sign for the adult without separate legal authority. Access to protected records requires written permission under privacy laws. An agreement lasts until it expires or is ended. A stated term may be no more than three years unless the adult and supporters extend it in writing.
Courts could suspend or end a supporter's role, and certain people would have to report suspected mistreatment. These rules concern adults who use an agreement and the supporters named in it. A court must find grounds such as abuse, neglect, exploitation, serious harm, or failure to follow the supporter's duties before suspending or ending the role. The adult and supporter must have a chance to be heard. The court may not keep an agreement in effect over the adult's objection, and an adult without money must receive a lawyer when a petition is filed. Mandated reporters must report when they have reasonable cause to believe a supporter mistreated the adult. Others who know of an agreement may report if they have cause to believe mistreatment occurred.
State offices would provide training and education materials about supported decision-making. Training is for supporters and decision-makers under these agreements. At a student's first education plan meeting after turning 16, the school team must tell the student and family or guardian about the Office of Adult Guardianship and Conservatorship Oversight. Training must be accessible and cover rights, responsibilities, and ways to resolve disputes. The health and human services office must consult named agencies, organizations, adults receiving support, and supporters. The education department must post a sample request for a decision-maker to seek release of education records. The training and required regulations must be in place no later than six months after passage. The school notice is due at the first qualifying meeting.
A legislative commission would study ways to verify current agreements and other authorizations. The commission would include lawmakers, state officials, and representatives of health, banking, and disability organizations. The commission would consider expanding an existing health-care registry or creating registries for education, financial, and other authorizations. The commission must send its recommendations to lawmakers by June 1, 2027.
No hearings or votes scheduled.