§ 15-14-801 — Legislative declaration

(1) The general assembly finds and
declares that:

(a) Guardianship constitutes one of the most restrictive options available to
adults with disabilities and their families;

(b) Guardianship should be employed only when a less restrictive alternative
would fail to meet the needs of the adult with a disability;

(c) Adults with disabilities are presumed competent and have the capacity to
facilitate the exercise of decisions regarding their day-to-day health, safety,
welfare, or financial affairs, unless otherwise determined through legal
proceedings;

(d) Supported decision-making, as defined in section 15-14-802 (5), offers
adults with disabilities a voluntary method of decision-making that, as appropriate,
may also be used concurrently with, but subject to, an existing guardianship,
conservatorship, or power of attorney;

(e) Supported decision-making facilitates adults with disabilities in
maintaining decision-making authority over their own lives while also encouraging
these adults to recognize, create, and maintain supportive communities, through
supported decision-making teams, that can assist adults with disabilities in making
informed decisions;

(f) Adults with disabilities should have access to opportunities to experience
and practice decision-making skills;

(g) Adults with disabilities who do not have a court-appointed guardian or a
court-appointed conservator have the right to independently make any decision
without any member of the supportive community, regardless of having entered
into a supported decision-making agreement; and

(h) Supported decision-making agreements do not:

(I) Create a fiduciary or contractual relationship between an adult with a
disability and a member of the supportive community;

(II) Elevate a member of the supportive community to a person in a position
of trust in regard to the adult with a disability based solely on the member of the
supportive community's involvement in the supported decision-making agreement;

(III) Alter, diminish, or supersede the terms of a court-ordered guardianship
or conservatorship. A guardian or conservator has the right, if authorized by the
court, to determine if a ward or protected person may enter into or continue a
supported decision-making agreement.

(IV) Authorize a member of the supportive community to obtain or use
personal, financial, or confidential information of the adult with a disability for the
member of the supportive community's own purpose or benefit, or for the purpose
or benefit of a third-party; or

(V) Shield a member of the supportive community from criminal or civil
liability for acts that would otherwise be subject to civil or criminal liability,
notwithstanding section 15-14-806 (2); and

(i) In addition to supported decision-making, adults with disabilities should
have a variety of formal and informal processes available to make decisions and
express preferences of choices, including but not limited to medical and financial
powers of attorney, guardianship, limited guardianship, conservatorship, special
conservatorship, release of information forms, and representative payees.

Legislative History

Source: L. 2021: Entire part added, (SB 21-075), ch. 61, p. 244, � 1, effective September 7.