§ 15-14-803 — Supported decision-making agreement - term

Colorado § 15-14-803

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Persons Under Disability - Protection

Text

(1) An adult with
a disability may voluntarily, without undue influence or coercion, enter into a
supported decision-making agreement with one or more members of the supportive
community. The supported decision-making agreement does not adversely affect
the decision-making authority granted to a court-appointed guardian or court-appointed conservator. Under the agreement, the adult with a disability may
request the member of the supportive community to do any or all of the following:

(a) Provide supported decision-making, including assistance in
understanding the options, responsibilities, and consequences of the adult's life
decisions, without making those decisions on behalf of the adult with a disability;

(b) Pursuant to section 15-14-804 and at the specific request of the adult
with a disability, assist the adult with a disability in accessing, collecting, obtaining,
and understanding information that is relevant to a given life decision from any
person, including but not limited to medical, psychological, financial, educational,
occupational, and social decisions; treatment records; how and in what
relationships the adult with a disability chooses to engage; and information about
how a supportive community is chosen; or

(c) Assist the adult with a disability in communicating the adult's decisions to
appropriate persons when expressly requested by the adult with a disability.

(2) A member of the supportive community shall not be entitled to
compensation or other consideration, in cash or in kind, for assistance provided to
the adult with a disability for the purposes of a supportive decision-making
agreement.

(3) (a) The supported decision-making agreement is effective until
terminated by either the adult with a disability or the member of the supportive
community, or by the terms of the agreement. Any party may choose to terminate
the agreement at any point by providing written or verbal notice of the termination
to all parties to the supported decision-making agreement.

(b) The supported decision-making agreement is automatically terminated if:

(I) After investigating a member of the supportive community for
mistreatment, as defined in section 18-6.5-102 (10.5), adult protective services finds
that the adult with a disability has been mistreated by the member of the
supportive community; or

(II) The member of the supportive community is:

(A) Substantiated in a case of mistreatment of the adult with a disability, any
other person with a disability, or any at-risk person, as defined in section 18-6.5-102
(4.5);

(B) Convicted of a crime against an at-risk person pursuant to section 18-6.5-103, or otherwise intentionally caused physical harm to another;

(C) Convicted of a financial crime; or

(D) Found to have committed theft pursuant to section 18-4-405.

(4) A supported decision-making agreement cannot be used as evidence of
incapacity of the adult with a disability.

Legislative History

Source: L. 2021: Entire part added, (SB 21-075), ch. 61, p. 246, � 1, effective September 7.