§ 29-3-14-9 — Termination of supported decision making agreements

Indiana § 29-3-14-9

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

Text

(a) Except as provided in the supported
decision making agreement, a supported decision making agreement
terminates in the following situations:
(1) The adult subject of the supported decision making agreement
dies.
(2) The adult subject of the supported decision making agreement
revokes the agreement under section 8 of this chapter.
(3) The named supporters withdraw their participation without
naming successor supporters.
(4) A court of competent jurisdiction determines that the adult
does not have 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 commit:
(A) financial exploitation;
(B) abuse; or
(C) neglect;
of the adult.
(6) A court of competent jurisdiction appoints a temporary or
permanent guardian for the person or property of the adult, unless
the court's order of appointment:
(A) expressly modifies but continues the supported decision
making agreement; and
(B) limits the powers and duties of the guardian.
(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.
(b) The court may enter an order under subsection (a)(4), (a)(5), and
(a)(6) only after notice and a hearing to the adult and all supporters
named in the agreement.

Legislative History

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