§ 29-3-14-5 — Supporter responsibilities; prohibited acts

Indiana § 29-3-14-5

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 14: Supported Decision Making

Text

(a) A supporter must:
(1) support the will and preference of the adult, and not the
supporter's opinion of the adult's best interests;
(2) act honestly, diligently, and in good faith;
(3) act within the scope set forth in the adult's supported decision
making agreement;
(4) avoid conflicts of interest; and
(5) notify the adult in writing of the supporter's intent to resign as
a supporter.
(b) The relationship between an adult and a supporter is one of trust
and confidence, and serves to preserve the decision making authority
of the adult.
(c) A supporter is prohibited from:
(1) exerting undue influence upon the adult;
(2) receiving a fee for service related solely to services performed
in the role of supporter;
(3) obtaining, without the consent of the adult, information
acquired for a purpose other than assisting the adult in making a
specific decision authorized by the supported decision making
agreement;
(4) acting outside the scope of authority provided in the supported
decision making agreement; or
(5) obtaining, without the consent of the adult, nonpublic personal
information as defined in 15 U.S.C. 6809(4)(A).
(d) A supporter who is expressly given relevant authority in a power
of attorney may act within the scope of that authority to sign
instructions or other documents on behalf of the adult, in order to
communicate or implement decisions by the adult.

Legislative History

As added by P.L.68-2019, SEC.4.