ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 9-0-0-1

HB 2538: supported decision-making; supporter obligations

Sponsor:  Representative Longdon, LD 24

Caucus & COW

Overview

Creates and outlines the process for entering into a supported decision-making agreement.

History

Under the 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 an appointment with the appointing court (A.R.S. § 14-5304).

Provisions

1.   Adds a supported decision-making agreement to what qualifies as a governing instrument. (Sec. 1)

2.   States an adult with a disability who is 18 years or older may enter, into a supported decision-making agreement with an adult supporter who is 18 years or older in which the adult authorizes the supporter to do any of the following:

a)   Provide supported decision-making, including assisting the adult in understanding the options, responsibilities and consequences of the adult's life decisions, without making those decisions on behalf of the adult;

b)   Assist the adult in accessing, collecting and obtaining any information that is relevant to a life decision, including medical, psychological, financial, educational or treatment records;

c)   Assist the adult in understanding the information listed above; and

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

3.   Asserts a supporter is not a surrogate decision-maker for the adult and does not have the authority to sign legal documents on behalf of the adult or bind the adult in a legal agreement. (Sec. 2)

4.   Mandates the supported decision-making agreement to explain the rights, roles, duties and limitations and obligations of both the adult and the supporter who are entering into the agreement. (Sec. 2)

5.   Ensures if a supporter intimidates or deceives the adult to gain the supported decision-making agreement or any authority provided in the supported decision-making agreement, the supporter is subject to criminal prosecution and civil penalties. (Sec. 2)

6.   Prohibits a supporter from receiving compensation as a result of the supporter's duties under a supported-decision making agreement. (Sec. 2)

7.   Allows an interested person to file a verified petition with the superior court to determine the validity of the supported decision-making agreement. (Sec. 2)

8.   Mandates a supported-decision making agreement be signed by the adult and the supporter in the presence of two or more subscribing witnesses who are 18 years or older or a notary public. (Sec. 2)

9.   Mandates a supported decision-making agreement extend until:

a)   Terminated in writing by either party;

b)   The adult becomes incapacitated; or

c)   A guardian is appointed. (Sec. 2)

10.  Creates a supported decision-making agreement form. (Sec. 2)

11.  Defines relevant terms. (Sec. 1)

12.  Includes an effective date of January 1, 2022. (Sec. 3)

13.  Contains a technical change. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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17.                    HB 2538

18.  Initials LC  Page 0 Caucus & COW

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