HB105 Summary

• Establishes the "Colby Act" to create supported decision-making agreements as an alternative to guardianships or conservatorships for adults with disabilities who voluntarily enter into such agreements and understand their nature and effect.

• Requires supported decision-making agreements to be in writing, dated, signed by the adult before a notary public, name at least one supporter, describe decision-making assistance provided, and include separate signed consents from each supporter acknowledging their duties.

• Designates supporters as fiduciaries who must support the adult's will and preferences, act honestly and in good faith, avoid conflicts of interest, and cannot exert undue influence, receive compensation, or obtain information without the adult's consent.

• Permits courts to terminate supported decision-making agreements only after providing notice and a hearing if the adult lacks capacity, a supporter exploits or abuses the adult, or a guardian or conservator is appointed unless the court expressly continues the agreement alongside a limited guardianship or conservatorship.

• Becomes effective on the first day of the third month following passage and approval by the Governor.