ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB2769: guardianship; supported decision-making

Sponsor:  Representative Longdon, LD 24

Committee on Judiciary

Overview

Implements supported decision-making agreements as an alternative to appointing a guardian to an incapacitated person. Explains the terms and requirements of the supported decision-making agreement.

History

Under current statute, the court encourages maximum self-reliance and independence of an incapacitated person. If a person for whom a guardian is sought is clearly incapacitated, demonstrates the needs of an incapacitated person and the needs cannot be met by less restrictive means such as the use of appropriate technological assistance, then the court may appoint a general or limited guardian. If a guardian is appointed to the incapacitated person, the guardian must file an acceptance of appointment with the appointing court. (A.R.S. § 14-5304)

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteImplements a supported decision-making agreement as a less restrictive alternative to the court appointing a guardian. (Sec. 1)

2.    Explains that the court must specify appropriate time limits and limitations on the guardian's powers, unless the Court decides that the extent of the ward's incapacity requires that all rights of that person be removed and all decision-making authority for the person be granted to the guardian. (Sec. 1)

3.    Allows an adult with a disability to voluntarily, without compulsion, enter into a supported decision-making agreement with a supporter, giving the supporter authority to do the following:

a)    provide supported decision making, such as helping the adult understand the options, responsibilities and consequences of the adult's decisions;

b)    assist the adult in accessing any personal information that is relevant to a given life decision, such as medical, psychological, financial, educational or treatment records;

c)    assist the adult in understanding the personal information and its relevance to the decision of the adult; and/or

d)    assist in communicating the adult's decisions to appropriate persons. (Sec. 2)

4.    Specifies that a supporter is not a surrogate decision maker for the adult with a disability and does not have the authority to sign legal documents on behalf of the adult. (Sec. 2)

5.    Clarifies that the supporter may use the authority given to the supporter in the supported decision-making agreement. (Sec. 2)

6.    Asserts that a supporter is in a fiduciary relationship with the adult with a disability and owes the adult the following duties:

a)    To act in good faith;

b)    To act within the authority granted in the supported decision-making;

c)    To act loyally and without self interest;

d)    To avoid conflicts of interest; and

e)    To disclose to the adult with a disability all facts known to the supporter relevant to supported decision-making. (Sec. 2)

7.    Authorizes the supporter to assists the adult with a disability in accessing, collecting or obtaining personal information that is relevant to a decision authorized under a supported decision-making agreement. (Sec. 2)

8.    Requires that any personal information the supporter assists the adult with a disability in accessing, collecting or obtaining, such as protected health information or educational records must be kept confidential and is not subject to unauthorized access, use or disclosure. (Sec. 2)

9.    Allows the adult with a disability to seek their own personal information without the assistance of a supporter even if there is a supported decision-making agreement between the adult and the supporter. (Sec. 2)

10.  Explains that a supported decision-making agreement can be terminated with the following actions:

a)    In writing by either party or by the terms of agreement; or

b)    The supporter is found liable for or subject to a substantiated finding of abuse, neglect or exploitation. (Sec. 2)

11.  Requires a supported decision-making agreement to be signed by the adult with a disability and the supporter in presence of two or more subscribing witnesses, who are either above the age of 18 years old or a notary public. (Sec. 2)

12.  Creates a decision-making form to be used in appointing a supporter. (Sec. 2)

13.  Stipulates that any person to receive the original or a copy of a supported decision-making agreement must rely on the agreement. (Sec. 2)

14.  States that a person who has done an act in good faith and reliance on a supported decision-making agreement has not engaged in professional misconduct from that act is not subject to criminal or civil liability. (Sec. 2)

15.  Directs a person who has a copy or is aware of the supported decision-making agreement and believes that the adult with a disability is being abused, neglected or exploited by the supporter must report the alleged abuse, neglect, or exploitation to a peace officer or adult protective services worker. (Sec. 2)

16.  Defines adult, disability, supported decision-making, supported decision-making agreement and supporter. (Sec. 2)

 

 

 

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Initials LC/GK                   Judiciary

 

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