House Bill149 (HB149) enacts the Supportive Decision Making Act by providing requirements for supported decision-making agreements and providing duties for supporters and providing a limitation of liability. Al149so, creating reporting requirements and creating a supported decision making program with the Office of Guardianship in the Developmental Disabilities Council. An appropriation is made part of this legislation.  

 House Bill149 (HB149)enacts the Supported Decision Making Act. A supporter under this legislation may provide supported decision-making, including assistance in understanding the options, responsibilities and consequences of the supported decision-maker's life decisions without making those decisions on behalf of the supported decision-maker;.
Also, may assist the supported decision-maker in accessing, collecting and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational or treatment records, from any person. In addition the supporter may assist in understanding of information and to the appropriate person.
A supported decision-making agreement may be in any form but shall: (1)  be in writing; (2)  be dated; (3)  be signed voluntarily, without coercion or undue influence, by the supported decision-maker and the supporter; (4)  designate a supporter; (5)  list the types of decisions with which the supporter is authorized to assist the supported decision-maker; (6)  list the types of decisions, if any, with which the supporter is not authorized to assist the supported decision-maker; and (7)  contain a consent signed by the supporter indicating the supporter's: 
(a)  relationship to the supported decision-maker; and supporter.
 (b)  willingness to act as a supporter, and
(c)  acknowledgment of the duties of a supporters.
Each party to a decision making agreement must sign in the presence of two adult witnesses or a notary public.
All supported decision-makers are presumed to have capacity and to be capable of managing their affairs unless otherwise determined by a court.  A diagnosis of mental illness, intellectual disability or developmental disability, of itself, does not void the presumption of capacity.
A supported decision making agreement may not be used as for determining capacity or incapacity. 
A supporter shall: (1)  act in good faith; (2)  act with the care, competence and diligence ordinarily exercised by supporters in similar circumstances; (3)  act only within the scope of authority granted in the supported decision-making agreement; (4)  avoid self-dealing; and (5)  support the will and preference of the supported decision-maker rather than the supporter's opinion of the supported decision-maker's best interests. Other prohibitions are listed in the Act, such as making decisions for the supported decision-making person. The supporter is not a fiduciary. 
The supporter must respect protected information  and a person is not subject to civil or criminal liability for an act or omission done in good faith and in reliance on a supported decision-making agreement.
The supported decision-making agreement extends until terminated by either party or by the terms of the agreement. 
The supported decision-making agreement is terminated as to a particular supporter if: (1)  the Adult Protective Services Division of the Aging and Long-term Services Department finds that the supported decision-maker has been abused, neglected or exploited by the supporter; (2)  the supporter is the subject of a civil or criminal order prohibiting contact with the supported decisionmaker; (3)  the supporter has been placed on the state's employee abuse registry; (4)  the supporter has been convicted of a crime involving violence or dishonesty; (5)  the supporter is incarcerated; (6)  the supported decision-maker gives notice to the supporter orally, in writing, through an assistive technology device or by any other means or act showing a specific intent to terminate the agreement; or (7)  the supporter provides written notice of the supporter's resignation to the supported decision-maker. 
Methodology for reporting abuse are provided requiring reporting to the Adult Protective Services Division. Certain duties are provided and assigned to the Office of Guardianship of the Developmental Disabilities Council. 
Two hundred eighty-nine thousand dollars ($289,000) is appropriated from the General Fund to the Developmental Disabilities Council for expenditure in fiscal year 2026 to carry out the provisions of the Supported Decision-Making Act and to hire full-time employees and contract support to create and administer the supported decision-making program in the Office of Guardianship in the Developmental Disabilities Council.




 

 HAFCa/HB149 The House Appropriation and Finance Committee amends House Bill 149 as follows:
1. On page 1, line 16, strike "; MAKING AN APPROPRIATION".    
2. On page 9, strike lines 9 through 18.
The appropriation was struck from the legislation.







 

 Committee Substitute February 11, 2025 in House Judiciary Committee
HJCcs/HB149: provides new definitions and language in the Committee Substitute including "decision-maker" means an adult who seeks to enter, or has entered, into a supported decision-making agreement with one or more supporters pursuant to the Supported Decision-Making Act.
A decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more supporters under which the decision-maker authorizes the supporter to do any or all of the following:  provide decision-making support; assist the decision-maker in accessing, collecting and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational or treatment records, from any person; assist the decision-maker in understanding the information described in Subsection B of this section; and D.  assist the decision-maker in communicating the decision-maker's decisions to appropriate persons.
A supported decision-making agreement may be in any form but shall: (1)  be in writing; (2)  be dated; (3)  be signed voluntarily, without coercion or undue influence, by the decision-maker and the supporter; (4)  designate a supporter; (5)  list the types of decisions with which the supporter is authorized to assist the decision-maker. In addition, include the supporter relationship to the decision-maker, what types of decision may be made, willingness to act as a supporter, and acknowledgement of the decision to be made.
All decisions makers are presumed to be of capacity and capable of managing their affairs. The execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding.
A support shall act in good faith and with competence but shall not  make decisions on behalf of the decision-maker, or obtaining information  without the consent of the decision-maker. The supporter is not a fiduciary. 
Certain prohibitions are listed such as a criminal order prohibiting contact with the decision maker or those that are incarcerated. 
A supporter must protect privileged or confidential information.
A decision or request made or communicated with the assistance of a supporter in conformity with the Supported Decision-Making Act shall be recognized for the purposes of any provision of law as the decision or request of the decision-maker.
A recipient of a decision-making agreement who suspects abuse or neglect must report to the Aging and Long-Term Services Department's Adult Protective Services Division's statewide intake hotline.
The "Supported Decision-Making Program" is created within the Office of Guardianship in the Developmental Disabilities Council.  
The Supported Decision-making Program may: (1)  provide information to adults interested in entering into supported decision-making agreements; (2)  facilitate adults in forming, executing and terminating supported decision-making agreements; (3)  monitor supported decision-makingagreements to determine if the agreement meets statutory requirements; (4)  provide resources and assistance for a decision-maker who believes a supporter is acting outside the scope of the supported decision-making agreement; and (5)  provide resources to any individual who is seeking information on reporting suspected abuse, neglect or exploitation of the decision-maker.
Two hundred eighty-nine thousand dollars ($289,000) is appropriated from the General Fund to the Developmental Disabilities Council for expenditure in Fiscal Year 2026 to carry out the provisions of the Supported Decision-Making Act and to hire full-time employees and contract support to create and administer the supported decision-making program in the Office of Guardianship in the Developmental Disabilities Council.