§ 30.1-36-01 — Definitions

As used in this chapter:
1. "Intentional misconduct" means conduct by a supporter with actual knowledge at the
time of the conduct that the conduct is unnecessarily harmful to the health or
well-being of a named individual.
2. "Named individual" is the individual identified in a supported decisionmaking
agreement who is to receive decisionmaking assistance.
3. "Supported decisionmaking" means assistance from a person of a named individual's
choosing:
a. To identify, collect, and organize documents that apply to a decision the named
individual is considering;
b. To identify, collect, and organize information that may be helpful to the named
individual when making a decision;
c. To help the named individual understand documents;
d. To identify choices available for a responsible decision;
e. To identify advantages and disadvantages of available choices;
f. To communicate any decision by the named individual to others at the request of
the named individual; or
g. To explain the decisionmaking process allowed under this subsection to the court
in any proceeding to create or modify a guardianship or conservatorship for the
named individual.
4. "Supported decisionmaking agreement" means a written, signed, dated, and
witnessed understanding between a named individual and a trusted adult who agrees
to provide assistance for decisionmaking to maximize the named individual's ability to
make informed, voluntary choices, including choices within:
a. Health care.
b. Residence.
c. Finances.
d. Education.
e. Legal affairs.
f. Vocation.
5. "Supporter" is a person that has signed a supported decisionmaking agreement,
agreeing to provide assistance to the named individual.