KS HB2609

Adults age 18+ may enter into voluntary supported decision-making agreements to receive assistance with healthcare, finances, living arrangements, and work decisions from one or more designated supporters, without transferring legal authority to make decisions.

Supporters owe a fiduciary duty to the principal and may help access information, communicate decisions, and attend meetings, but cannot make decisions for the principal, sign documents on their behalf, or access online banking accounts.

Agreements must be in writing, signed under penalty of perjury by all parties, and substantially comply with a form to be developed by the Kansas Judicial Council; agreements terminate automatically if the principal becomes incapacitated.

Third parties who act in good faith reliance on a valid agreement are protected from civil, criminal, and professional liability; they may decline to honor agreements if they report suspected abuse or have conscience-based objections to healthcare actions.

Violations of the act are added to K.S.A. 21-5417, making abuse of a supported decision-making relationship a form of mistreatment of a dependent adult or elder person, with penalties ranging from class A misdemeanor to severity level 2 felony depending on the value of property taken.