HB522 Summary

• Creates the Colby Act to establish supported decision-making agreements as an alternative to guardianship for adults with disabilities who can voluntarily enter into and understand such agreements.

• Allows adults to designate one or more supporters to assist with decision-making while preserving the adult's self-determination and authority to make independent decisions.

• Requires supported decision-making agreements to be in writing, notarized, name at least one supporter, and include each supporter's written consent acknowledging their duties and relationship to the adult.

• Imposes fiduciary duties on supporters including acting honestly and in good faith, supporting the adult's preferences rather than the supporter's judgment, avoiding conflicts of interest, and prohibiting fees or compensation for services.

• Provides that agreements terminate upon the adult's death, revocation, withdrawal of all supporters, court determination of incapacity, court finding of financial exploitation or abuse by a supporter, or appointment of a full guardian.