SB 552

This bill allows an adult with a functional impairment to create a supported

decision-making agreement to allow another person, referred to as a “supporter,” to

assist the adult with certain decision-making by providing assistance with one or

more of the following: 1) understanding the options, responsibilities, and

consequences of the adult's life decisions, without making the decision for the adult;

2) accessing, collecting, and obtaining information that is relevant to a given life

decision, including medical, psychological, financial, educational, or treatment

records; 3) understanding that information once it is obtained; or 4) communicating

the adult's life decisions to the appropriate people. Under the bill, a designated

supporter is not a surrogate decision maker for the adult and is not authorized to sign

legal documents for the adult or bind the adult to a legal agreement. The supporter

has only the authority granted by the adult under the terms of the supported

decision-making agreement. Execution of a supported decision-making agreement

does not preclude an adult with a functional impairment from acting independently

of the agreement, nor may the agreement be used as evidence of incapacity or

incompetency.

The bill requires the Department of Health Services to prepare and provide

access to a supported decision-making form and information regarding supported

decision-making. Under the bill, a supported decision-making agreement must be

in writing, in substantially the form provided under the bill, entered into voluntarily,

and signed and dated either before at least two adult witnesses or a notary public in

order to be valid.

The bill provides immunity for persons under certain circumstances, including

a person whose act or failure to act is done in good faith and in reliance on a supported

decision-making agreement. The bill provides, however, that there is no immunity

from actions alleging that a health care provider caused personal injury as a result

of a negligent, reckless, or intentional act, acted inconsistently with the expressed

wishes of an adult with a functional impairment, failed to provide information to

either an adult with a functional impairment or his or her supporter that would be

necessary for informed consent, or otherwise acted inconsistently with applicable

law. In addition, under the bill, the existence or availability of a supported

decision-making agreement does not relieve a health care provider of any legal

obligation to provide services to individuals with disabilities.

Finally, under the bill, if a person who receives a copy of a supported

decision-making agreement or who is aware of the existence of a supported

decision-making agreement has reason to believe that the adult with a functional

impairment is being abused, neglected, or exploited by the supporter, that person

may report the issue to an appropriate elder-at-risk agency, adult-at-risk agency,

state or local law enforcement, or DHS. This bill does not eliminate or limit a person's

existing obligation to report such circumstances under any other statute or