§ 26-1B-7 — Revocation of a Supported Decision-Making Agreement

Alabama § 26-1B-7

• Jurisdiction: Alabama
• Title 26: Infants and Incompetents
• Ch. 1B: Supported Decision-Making Agreements

Text

(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter.
(b) Except as provided in the supported decision-making agreement, a supported decision-making agreement terminates in each the following situations:
(1) The adult who is the subject of the supported decision-making agreement dies.
(2) The adult who is the subject of the supported decision-making agreement revokes the agreement under subsection (a).
(3) All of the named supporters withdraw their participation without arranging for successor supporters approved by the adult.
(4) A court of competent jurisdiction determines that the adult does not have the capacity to execute or consent to a supported decision-making agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decision-making agreement to financially exploit, abuse, or neglect the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian or conservator for the person or property of the adult, unless the court’s order of appointment does each of the following:
a. Expressly modifies, but continues, the supported decision-making agreement alongside a partial guardianship or conservatorship.
b. Limits the powers and duties of the guardian or conservator.
(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision-making agreement.
(c) The court may enter an order pursuant to subdivision (b)(4), (b)(5), or (b)(6) only after providing notice and a hearing to the adult and all supporters named in the agreement.

Legislative History

(Act 2023-134, §7.)