§ 464-D:8 — Termination of Agreement

I. A principal may terminate a supported decision-making agreement at any time. Such termination may be accomplished by any of the following actions by the principal:
(a) Providing written notice to all of the supporters named in the agreement.
(b) Verbally expressing the intent to terminate the agreement in the presence of 2 adult witnesses.
II. A supporter may withdraw from a supported decision-making agreement by providing written notice to the principal. If the principal does not use a written form of communication, actual notice of the supporter's withdrawal shall be provided using the type of communication used by the principal. When a supporter withdraws from a supported decision-making agreement and there is no remaining supporter, the agreement is automatically terminated.
III. A supported decision-making agreement is automatically terminated upon the death of the principal.
IV. Subject to paragraph V, a supported decision-making agreement is automatically terminated if any of the following events occur:
(a) There is a finding by a court or a state or federal agency that the principal has been abused, neglected, or exploited by a supporter named in the agreement.
(b) There is a criminal conviction of a supporter for any of the following offenses under New Hampshire law or their equivalent in another jurisdiction:
(1) Any offense or attempted offense under RSA 630 (homicide).
(2) Any felony offense or attempted felony offense under RSA 631 (assault and related offenses).
(3) Any offense or attempted offense under RSA 632-A (sexual assault and related offenses).
(4) Any offense or attempted offense under RSA 636 (robbery).
(5) Any offense or attempted offense under RSA 637 (theft).
(6) Any offense or attempted offense under RSA 638 (fraud).
(7) Any offense or attempted offense under RSA 641 (falsification in official matters).
V. When a supporter is the subject of a criminal conviction or a finding of misconduct under paragraph IV, and there is one or more other supporters named in the agreement who are not the subjects of convictions or findings of misconduct under that paragraph, the agreement does not automatically terminate; however, any supporter who is the subject of a criminal conviction or a finding of misconduct under paragraph IV is disqualified from further actions as a supporter under the agreement.

Legislative History

2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.