§ 7-2132 — Executing a supported decision-making agreement.

(a) The following individuals, except if the individual is the supported person's relative, may not be a supporter:

(1) An individual who provides physical, mental, or behavioral healthcare services or disability services to the supported person, or the owner or operator of the entity providing the healthcare services or disability services to the supported person; or

(2) An individual who works for a government agency that is financially responsible for the supported person's care.

(1) An individual shall not be a supporter if:

(A) There is or has been a finding by a government agency that the individual:

(i) Abused, neglected, or exploited the supported person; or

(ii) Inflicted harm upon a child, elderly individual, or person with a disability; or

(B) The individual is or has been convicted of any of the following criminal offenses, or their equivalent in any other state or territory, within 7 years before entering the supported decision-making agreement:

(i) Any sexual offense prohibited in subchapter II of Chapter 30 of Title 22 where the victim was a child, elderly individual, or person with a disability;

(ii) Aggravated assault, as described in § 22-404.01 , where the victim was a child, elderly individual, or person with a disability;

(iii) Fraud, as described in § 22-3221 ;

(iv) Theft in the first degree, as that term is used in § 22-3212(a) ;

(v) Forgery, as described in § 22-3241 ; or

(vi) Extortion, as described in § 22-3251 .

(2) Paragraph (1) of this subsection shall not apply to a covered education agreement.

(c) A supported decision-making agreement must be signed by the adult with a disability and the supporter in the presence of 2 adult witnesses or a notary public.

(d) Except for a covered education agreement, a supported decision-making agreement shall be in substantially the following form:

(e) A supported decision-making agreement may be terminated at any time by the supported person or the supporter.