HB1005 - Supported Decision-Making Agreement Act

• Establishes the "Supported Decision-Making Agreement Act" as a less restrictive alternative to guardianship for adults with disabilities who need assistance with daily living decisions but are not incapacitated persons.

• Allows adults with disabilities to voluntarily enter into agreements with supporters who can assist with understanding options, accessing information, and communicating life decisions related to housing, services, medical care, and employment.

• Requires supported decision-making agreements to be signed voluntarily in the presence of two witnesses or a notary public, using a specified form that clarifies the supporter cannot make decisions on behalf of the adult.

• Imposes fiduciary duties on supporters including acting in good faith, staying within granted authority, acting loyally without self-interest, and avoiding conflicts of interest; prohibits employers, employees, and paid support service providers from serving as supporters.

• Terminates agreements if abuse or neglect is found by Adult Protective Services, if a guardian is appointed, or if a court order prohibits contact between the supporter and the adult; permits reporting of suspected abuse to the Department of Human Services.