§ 26-1B-5 — Supporter Powers and Duties

(a) A supporter shall do all of the following:
(1) Support the will and preference of the adult and not the supporter’s opinion of the adult’s best interest.
(2) Act honestly, diligently, and in good faith.
(3) Act within the scope set forth in the adult’s supported decision-making agreement.
(4) Avoid conflicts of interest.
(5) Timely notify the adult in writing, in the adult’s preferred language and mode of communication, of his or her intent to resign as a supporter.
(b) A supporter is a fiduciary and shall make and communicate decisions in cooperation with the adult and preserve the adult’s authority to make decisions.
(c) A supporter shall not do any of the following:
(1) Exert undue influence upon the adult.
(2) Receive a fee or compensation for services performed in the role of supporter.
(3) Obtain, without the consent of the adult, information for a purpose other than assisting the adult in making a specific decision authorized by the supported decision-making agreement.
(4) Obtain, without the consent of the adult, nonpublic personal information, as defined by 15 U.S.C. § 6809(4).
(5) Act outside the scope of authority provided in the supported decision-making agreement.
(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, or to communicate or implement decisions made by the adult.
(e) A request or decision made or communicated with the assistance of a supporter in conformity with the supported decision-making agreement shall be recognized as the request or decision of the adult for the purposes of any provision of law.

Legislative History

(Act 2023-134, §5.)