§ 26-1B-6 — Agreement Requirements

(a) A supported decision-making agreement shall meet all of the following requirements:
(1) Name at least one supporter.
(2) Describe the decision-making assistance that each supporter may provide to the adult and how supporters may work together.
(3) If the adult is subject to a limited guardianship or conservatorship as provided by Section 26-1B-
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, be executed by the adult’s guardian or conservator.
(4) Be in writing, dated, and signed by the adult in the presence of a notary public.
(5) Contain a separate consent signed by each supporter named in the agreement indicating each of the following:
a. The supporter’s relationship to the adult.
b. The supporter’s willingness to act as a supporter.
c. The supporter’s acknowledgment of his or her duties as a supporter.
(b) A supported decision-making agreement may do any of the following:
(1) Appoint more than one supporter.
(2) Appoint an alternate supporter to act in the place of a supporter under circumstances specified in the agreement.
(3) Authorize a supporter to share information with any other supporter or others named in the agreement.

Legislative History

(Act 2023-134, §6.)