ND HB1378

Creates a legal framework for supported decisionmaking agreements allowing individuals to receive assistance from trusted adults in making informed decisions about health care, residence, finances, education, legal affairs, and vocation without requiring guardianship or conservatorship.

Defines supporters as signatories to written, signed, dated, and witnessed agreements who may help named individuals identify information, understand documents, explore choices, and communicate decisions, but cannot act as surrogate decisionmakers or sign documents on behalf of the individual.

Establishes that named individuals are presumed to have capacity to enter such agreements (rebuttable only by clear and convincing evidence) and may maintain multiple agreements simultaneously while retaining the right to make independent decisions.

Limits supporter liability to cases involving reckless negligence, gross negligence, or intentional misconduct, and provides immunity to third parties who rely in good faith on valid agreements unless they have cause to believe abuse, neglect, or exploitation is occurring.

Requires agreements to be verified by a notary public or two qualified witnesses and may be terminated by the named individual orally or in writing, or automatically upon court conviction of the supporter for abuse-related crimes or issuance of a restraining order.