Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 197 Third Substitute (2024GS)

Sponsor

Rep. Judkins, M.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• prescribes the principles by which provisions related to supported decision-making agreements should be interpreted;
• describes the requirements for a supported decision-making agreement;
• describes the duties of an individual who is a supporter under a supported decision-making agreement;
• provides that a supported decision-making agreement may be revoked or terminated, with certain conditions;
• describes how a supported decision-making agreement interacts with and affects other laws and principles; and
• provides protections for a person who relies, in good faith, on the provisions of a supported decision-making agreement.

Every vote on this bill

Bill text

REQUIREMENTS FOR SUPPORTED DECISION-MAKING
AGREEMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
General Description:
This bill addresses supported decision-making agreements.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prescribes the principles by which provisions related to supported decision-making
agreements should be interpreted;
▸ describes the requirements for a supported decision-making agreement;
▸ describes the duties of an individual who is a supporter under a supported
decision-making agreement;
▸ provides that a supported decision-making agreement may be revoked or
terminated, with certain conditions;
▸ describes how a supported decision-making agreement interacts with and affects
other laws and principles; and
▸ provides protections for a person who relies, in good faith, on the provisions of a
supported decision-making agreement.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
75-1-201
, as last amended by Laws of Utah 2013, Chapter 364
ENACTS:
75-5-701
, Utah Code Annotated 1953
75-5-702
, Utah Code Annotated 1953
75-5-703
, Utah Code Annotated 1953
75-5-704
, Utah Code Annotated 1953
75-5-705
, Utah Code Annotated 1953
75-5-706
, Utah Code Annotated 1953
75-5-707
, Utah Code Annotated 1953
75-5-708
, Utah Code Annotated 1953
75-5-709
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
75-1-201
 is amended to read:
75-1-201.
General definitions.
Subject to additional definitions contained in the subsequent chapters that are
applicable to specific chapters, parts, or sections, and unless the context otherwise requires, in
this code:
(1) "Agent" includes an attorney-in-fact under a durable or nondurable power of
attorney, an individual authorized to make decisions concerning another's health care, and an
individual authorized to make decisions for another under a natural death act.
(2) "Application" means a written request to the registrar for an order of informal
probate or appointment under Title 75, Chapter 3, Part 3, Informal Probate and Appointment
Proceedings.
(3) "Beneficiary," as it relates to trust beneficiaries, includes a person who has any
present or future interest, vested or contingent, and also includes the owner of an interest by
assignment or other transfer; as it relates to a charitable trust, includes any person entitled to
enforce the trust; as it relates to a "beneficiary of a beneficiary designation," refers to a
beneficiary of an insurance or annuity policy, of an account with POD designation, of a security
registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar
benefit plan, or other nonprobate transfer at death; and, as it relates to a "beneficiary designated
in a governing instrument," includes a grantee of a deed, a devisee, a trust beneficiary, a
beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of
appointment, and a person in whose favor a power of attorney or a power held in any
individual, fiduciary, or representative capacity is exercised.
(4) "Beneficiary designation" refers to a governing instrument naming a beneficiary of
an insurance or annuity policy, of an account with POD designation, of a security registered in
beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or
other nonprobate transfer at death.
(5) "Child" includes any individual entitled to take as a child under this code by
intestate succession from the parent whose relationship is involved and excludes any person
who is only a stepchild, a foster child, a grandchild, or any more remote descendant.
(6) "Claims," in respect to estates of decedents and protected persons, includes
liabilities of the decedent or protected person, whether arising in contract, in tort, or otherwise,
and liabilities of the estate which arise at or after the death of the decedent or after the
appointment of a conservator, including funeral expenses and expenses of administration. 
"Claims" does not include estate or inheritance taxes, or demands or disputes regarding title of
a decedent or protected person to specific assets alleged to be included in the estate.
(7) "Conservator" means a person who is appointed by a court to manage the estate of a
protected person.
(8) "Court" means any of the courts of record in this state having jurisdiction in matters
relating to the affairs of decedents.
(9) "Descendant" of an individual means all of his descendants of all generations, with
the relationship of parent and child at each generation being determined by the definition of
child and parent contained in this title.
(10) "Devise," when used as a noun, means a testamentary disposition of real or
personal property and, when used as a verb, means to dispose of real or personal property by
will.
(11) "Devisee" means any person designated in a will to receive a devise. For the
purposes of Title 75, Chapter 3, Probate of Wills and Administration, in the case of a devise to
an existing trust or trustee, or to a trustee in trust described by will, the trust or trustee is the
devisee, and the beneficiaries are not devisees.
(12) "Disability" means cause for a protective order as described by Section 
75-5-401
.
(13) "Distributee" means any person who has received property of a decedent from his
personal representative other than as a creditor or purchaser. A testamentary trustee is a
distributee only to the extent of distributed assets or increment thereto remaining in his hands. 
A beneficiary of a testamentary trust to whom the trustee has distributed property received from
a personal representative is a distributee of the personal representative. For purposes of this
provision, "testamentary trustee" includes a trustee to whom assets are transferred by will, to
the extent of the devised assets.
(14) "Estate" includes the property of the decedent, trust, or other person whose affairs
are subject to this title as originally constituted and as it exists from time to time during
administration.
(15) "Exempt property" means that property of a decedent's estate which is described in
Section 
75-2-403
.
(16) "Fiduciary" includes a personal representative, guardian, conservator, and trustee.
(17) "Foreign personal representative" means a personal representative of another
jurisdiction.
(18) "Formal proceedings" means proceedings conducted before a judge with notice to
interested persons.
(19) "Governing instrument" means a deed, will, trust, insurance or annuity policy,
account with POD designation, security registered in beneficiary form (TOD), pension,
profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of
appointment or a power of attorney, 
a supported decision-making agreement,
 or a dispositive,
appointive, or nominative instrument of any similar type.
(20) "Guardian" means a person who has qualified as a guardian of a minor or
incapacitated person pursuant to testamentary or court appointment, or by written instrument as
provided in Section 
75-5-202.5
, but excludes one who is merely a guardian ad litem.
(21) "Heirs," except as controlled by Section 
75-2-711
, means persons, including the
surviving spouse and state, who are entitled under the statutes of intestate succession to the
property of a decedent.
(22) "Incapacitated" or "incapacity" is measured by functional limitations and means a
judicial determination after proof by clear and convincing evidence that an adult's ability to do
the following is impaired to the extent that the individual lacks the ability, even with
[
appropriate technological
] assistance, to meet the essential requirements for financial
protection or physical health, safety, or self-care:
(a) receive and evaluate information;
(b) make and communicate decisions; or
(c) provide for necessities such as food, shelter, clothing, health care, or safety.
(23) "Informal proceedings" mean those conducted without notice to interested persons
by an officer of the court acting as a registrar for probate of a will or appointment of a personal
representative.
(24) "Interested person" includes heirs, devisees, children, spouses, creditors,
beneficiaries, and any others having a property right in or claim against a trust estate or the
estate of a decedent, ward, or protected person. It also includes persons having priority for
appointment as personal representative, other fiduciaries representing interested persons, a
settlor of a trust, if living, or the settlor's legal representative, if any, if the settlor is living but
incapacitated. The meaning as it relates to particular persons may vary from time to time and
shall be determined according to the particular purposes of, and matter involved in, any
proceeding.
(25) "Issue" of a person means descendant as defined in Subsection (9).
(26) "Joint tenants with the right of survivorship" and "community property with the
right of survivorship" includes coowners of property held under circumstances that entitle one
or more to the whole of the property on the death of the other or others, but excludes forms of
coownership registration in which the underlying ownership of each party is in proportion to
that party's contribution.
(27) "Lease" includes an oil, gas, or other mineral lease.
(28) "Letters" includes letters testamentary, letters of guardianship, letters of
administration, and letters of conservatorship.
(29) "Minor" means a person who is under 18 years [
of age
] 
old
.
(30) "Mortgage" means any conveyance, agreement, or arrangement in which property
is used as security.
(31) "Nonresident decedent" means a decedent who was domiciled in another
jurisdiction at the time of his death.
(32) "Organization" includes a corporation, limited liability company, business trust,
estate, trust, partnership, joint venture, association, government or governmental subdivision or
agency, or any other legal or commercial entity.
(33) "Parent" includes any person entitled to take, or who would be entitled to take if
the child died without a will, as a parent under this code by intestate succession from the child
whose relationship is in question and excludes any person who is only a stepparent, foster
parent, or grandparent.
(34) "Payor" means a trustee, insurer, business entity, employer, government,
governmental agency or subdivision, or any other person authorized or obligated by law or a
governing instrument to make payments.
(35) "Person" means an individual or an organization.
(36) (a) "Personal representative" includes executor, administrator, successor personal
representative, special administrator, and persons who perform substantially the same function
under the law governing their status.
(b) "General personal representative" excludes special administrator.
(37) "Petition" means a written request to the court for an order after notice.
(38) "Proceeding" includes action at law and suit in equity.
(39) "Property" includes both real and personal property or any interest therein and
means anything that may be the subject of ownership.
(40) "Protected person" means a person for whom a conservator has been appointed. A
"minor protected person" means a minor for whom a conservator has been appointed because
of minority.
(41) "Protective proceeding" means a proceeding described in Section 
75-5-401
.
(42) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
(43) "Registrar" refers to the official of the court designated to perform the functions of
registrar as provided in Section 
75-1-307
.
(44) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of
indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in
payments out of production under such a title or lease, collateral trust certificate, transferable
share, voting trust certificate, and, in general, any interest or instrument commonly known as a
security, or any certificate of interest or participation, any temporary or interim certificate,
receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of
the foregoing.
(45) "Settlement," in reference to a decedent's estate, includes the full process of
administration, distribution, and closing.
(46) "Sign" means, with present intent to authenticate or adopt a record other than a
will:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or
process.
(47) "Special administrator" means a personal representative as described in Sections
75-3-614
 through 
75-3-618
.
(48) "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of
the United States, or a Native American tribe or band recognized by federal law or formally
acknowledged by a state.
(49) "Successor personal representative" means a personal representative, other than a
special administrator, who is appointed to succeed a previously appointed personal
representative.
(50) "Successors" means persons, other than creditors, who are entitled to property of a
decedent under the decedent's will or this title.
(51) "Supervised administration" refers to the proceedings described in Title 75,
Chapter 3, Part 5, Supervised Administration.
(52) "Survive," except for purposes of Part 3 of Article VI, Uniform TOD Security
Registration Act, means that an individual has neither predeceased an event, including the
death of another individual, nor is considered to have predeceased an event under Section
75-2-104
 or 
75-2-702
. The term includes its derivatives, such as "survives," "survived,"
"survivor," and "surviving."
(53) "Testacy proceeding" means a proceeding to establish a will or determine
intestacy.
(54) "Testator" includes an individual of either sex.
(55) "Trust" includes a health savings account, as defined in Section 223, Internal
Revenue Code, any express trust, private or charitable, with additions thereto, wherever and
however created. The term also includes a trust created or determined by judgment or decree
under which the trust is to be administered in the manner of an express trust. The term
excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal
representatives, trust accounts as defined in Title 75, Chapter 6, Nonprobate Transfers,
custodial arrangements pursuant to any Uniform Transfers To Minors Act, business trusts
providing for certificates to be issued to beneficiaries, common trust funds, voting trusts,
preneed funeral plans under Title 58, Chapter 9, Funeral Services Licensing Act, security
arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends,
interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any
arrangement under which a person is nominee or escrowee for another.
(56) "Trustee" includes an original, additional, and successor trustee, and cotrustee,
whether or not appointed or confirmed by the court.
(57) "Ward" means a person for whom a guardian has been appointed. A "minor ward"
is a minor for whom a guardian has been appointed solely because of minority.
(58) "Will" includes codicil and any testamentary instrument which merely appoints an
executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits
the right of an individual or class to succeed to property of the decedent passing by intestate
succession.
Section 2. Section 
75-5-701
 is enacted to read:
Part 7. Supported Decision-making Agreements
 75-5-701.
Definitions.
As used in this part:
(1) "Abuse" means the same as that term is defined in Section 
26B-6-201
.
(2) "Coercion" means influencing or attempting to influence a principal using force,
threats, or intimidation.
(3) "Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103.
(4) "Exploitation" means the same as that term is defined in Section 
26B-6-201
.
(5) "Good faith" means honesty in fact in the conduct or transaction concerned.
(6) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(7) "Neglect" means the same as that term is defined in Section 
26B-6-201
.
(8) "Principal" means an individual who:
(a) is 18 years old or older;
(b) has a disability, as that term is defined in Section 
26B-6-801
;
(c) seeks to enter or has entered into a supported decision-making agreement with at
least one supporter; and
(d) has the permission of the individual's guardian or conservator to enter into a
supported decision-making agreement, if the supported decision-making agreement includes an
area over which a court has granted authority to the guardian or conservator.
(9) "Protected health information" means the same as that term is defined in 45 C.F.R.
Sec. 160.103.
(10) "Supported decision-making" means the process of supporting and
accommodating an individual in the decision-making process to make, communicate, and
effectuate life decisions, without impeding the self-determination of the individual.
(11) "Supported decision-making agreement" means an agreement between a principal
and at least one supporter that meets the requirements of Section 
75-5-704
.
(12) "Supporter" means an individual:
(a) who is 18 years old or older;
(b) without:
(i) a substantiated allegation of abuse, neglect, or exploitation;
(ii) a protective or restraining order; or
(iii) a conviction for:
(A) harm of another;
(B) theft; or
(C) financial crime; and
(c) who has agreed to provide specified assistance to a principal by entering into a
supported decision-making agreement with the principal.
(13) "Undue influence" means the same as that term is defined in Section 
26B-6-201
.
Section 3. Section 
75-5-702
 is enacted to read:
 75-5-702.
Purposes of part.
The purposes of this part are to:
(1) provide a principal assistance in:
(a) gathering and assessing information;
(b) understanding options, responsibilities, and consequences of a decision; and
(c) communicating decisions for a principal if the principal wants assistance with
communicating decisions;
(2) give a supporter legal status, as specified in a supported decision-making
agreement, to be with a principal, to access information on behalf of a principal, and to
participate in discussions with others when a principal is making decisions or seeking to obtain
information; and
(3) enable a supporter to assist in making and communicating decisions for a principal,
but not to substitute as the decision maker for a principal.
Section 4. Section 
75-5-703
 is enacted to read:
 75-5-703.
Interpretation of part.
This part shall be construed and applied in accordance with the following principles:
(1) a principal should be able to:
(a) live in the manner in which the principal wishes; and
(b) make decisions about accepting or refusing support, assistance, or protection, as
long as doing so does not cause serious bodily injury, as that term is defined in Section
26B-5-301
, to the principal, or harm to others;
(2) a principal should be informed about and, to the best of the principal's abilities,
participate in the management of the principal's affairs;
(3) a principal should receive the most effective, yet least restrictive and intrusive,
form of support, assistance, or protection when the principal is unable to manage the principal's
affairs alone; and
(4) the values, beliefs, wishes, cultural norms, and traditions that a principal holds
should be respected in supporting the principal.
Section 5. Section 
75-5-704
 is enacted to read:
 75-5-704.
Supported decision-making agreement.
(1) Subject to Subsection (7), a principal may enter into a supported decision-making
agreement at any time if the principal:
(a) enters into the agreement voluntarily and without coercion or undue influence; and
(b) understands the nature and effect of the agreement.
(2) A principal is presumed to understand the nature and effect of a supported
decision-making agreement unless the supported decision-making agreement involves an area
over which a court has granted authority to a guardian or conservator.
(3) A supported decision-making agreement shall:
(a) be in writing;
(b) state the date on which the agreement is effective;
(c) designate at least one supporter;
(d) describe:
(i) how the principal uses supported decision-making to make decisions;
(ii) the rights of the principal;
(iii) the responsibilities of each supporter;
(iv) the decision-making supports and accommodations the principal chooses to
receive from each supporter; and
(v) the types of decisions, if any, with which a supporter is not authorized to assist the
principal;
(e) include the ink or electronic signature of:
(i) the principal;
(ii) each supporter;
(iii) a guardian or conservator, if required under Subsection 
75-5-701
(4)(d); and
(iv) (A) two witnesses; or
(B) a notary public; and
(f) describe how any perceived or actual conflict of interest between a supporter and
the principal will be mitigated.
(4) (a) A supported decision-making agreement executed other than in this state is
valid in this state if, when the supported decision-making agreement was executed, the
execution complied with the law of the jurisdiction that determines the meaning and effect of
the supported decision-making agreement.
(b) The meaning and effect of a supported decision-making agreement is determined by
the law of the jurisdiction indicated in the supported decision-making agreement and, in the
absence of an indication of jurisdiction, by the law of the jurisdiction in which the supported
decision-making agreement was executed.
(5) (a) A supported decision-making agreement may include a release or other
document by which the principal authorizes a supporter to access the principal's confidential
information, subject to the terms of the supported decision-making agreement described in
Subsection (2)(d) and the supporter's duties described in Section 
75-5-705
.
(b) Before a covered entity may share a principal's protected health information with a
supporter, the principal shall sign a HIPAA consent form authorizing release of the protected
health information to the supporter.
(c) Nothing in this part shall be construed to alter or preempt the requirements for
protecting health information under HIPAA.
(6) Each supporter shall include with the supporter's signature:
(a) a description of the supporter's relationship to the principal;
(b) a statement of the supporter's willingness to act as a supporter;
(c) an acknowledgment of the supporter's duties; and
(d) an attestation that the supporter:
(i) agrees to honor the right of the principal to make decisions;
(ii) will not make decisions for the principal, including health care decisions; and
(iii) will respect and work to further the independence of the principal.
(7) A supported decision-making agreement may do one or more of the following:
(a) specify a time period for which the supported decision-making agreement is valid;
(b) designate more than one supporter;
(c) designate an alternate individual to act in the place of a supporter under
circumstances specified in the supported decision-making agreement; or
(d) authorize a supporter to share information with another supporter or other
individual named in the supported decision-making agreement.
Section 6. Section 
75-5-705
 is enacted to read:
 75-5-705.
Supporter duties.
(1) A supporter shall:
(a) act with the care, competence, and diligence ordinarily exercised by individuals in
similar circumstances, and in accordance with the supporter's skills or expertise;
(b) act in good faith;
(c) comply with the terms of the supported decision-making agreement;
(d) maintain records, which the supporter shall make available to the principal upon
request, concerning:
(i) the supporter's actions under the supported decision-making agreement; and
(ii) how the principal communicates and expresses opinions to the supporter; and
(e) ensure that all information collected on behalf of the principal pursuant to the
supported decision-making agreement and this section is:
(i) kept confidential, as appropriate;
(ii) not subject to unauthorized access, use, or disclosure; and
(iii) properly disposed of when appropriate.
(2) Except as otherwise provided in the supported decision-making agreement or
Subsection (3), a supporter may, as directed by the principal:
(a) assist the principal in understanding information, options, responsibilities, and
consequences of the principal's life decisions, including decisions relating to the principal's
affairs or supportive services;
(b) help the principal access, obtain, and understand information that is relevant to a
life decision, including medical, psychological, financial, or educational decisions, or any
treatment records or records related to the management of the principal's affairs or supportive
services;
(c) assist the principal with finding, obtaining, and making appointments for supportive
services, and implement the principal's plans for supportive services;
(d) help the principal monitor information about the principal's affairs or supportive
services, including tracking future necessary or recommended services;
(e) ascertain the wishes and decisions of the principal, assist in communicating those
wishes and decisions to others, and advocate to ensure that the wishes and decisions of the
principal are implemented; or
(f) assist the principal with obtaining information to which the principal is entitled.
(3) A supporter may not:
(a) coerce, exploit, exert undue influence on, or make decisions on behalf of the
principal;
(b) sign for the principal or provide an electronic signature of the principal to a third
party;
(c) make health care decisions for the principal; or
(d) without the principal's consent:
(i) obtain information that is not reasonably related to matters with which the supporter
is authorized to support or assist the principal pursuant to the supported decision-making
agreement;
(ii) use information acquired in connection with the supported decision-making
agreement for a purpose other than supporting or assisting the principal pursuant to the
supported decision-making agreement; or
(iii) delegate the supporter's duties to a third party.
Section 7. Section 
75-5-706
 is enacted to read:
 75-5-706.
Revocation -- Withdrawal.
(1) A principal may revoke a supported decision-making agreement at any time by
providing written notice to all other parties to the agreement.
(2) A supporter may withdraw from a supported decision-making agreement at any
time by providing written notice to all other parties to the agreement.
(3) A written notice of revocation or withdrawal under this section may be provided by
electronic means.
Section 8. Section 
75-5-707
 is enacted to read:
 75-5-707.
Termination.
Unless otherwise provided in the supported decision-making agreement, a supported
decision-making agreement is terminated upon the occurrence of any of the following:
(1) the death of the principal;
(2) revocation by the principal pursuant to Section 
75-5-706
;
(3) as to a specific supporter, if the supporter is no longer qualified by reason of failure
to meet the requirements of Subsection 
75-5-701
(8)(b);
(4) withdrawal by all of the supporters pursuant to Section 
75-5-706
 without the
designation of a successor supporter;
(5) the principal's execution of a valid power of attorney, healthcare directive, or
declaration for mental health treatment, except to the extent the executed document expressly
continues, in whole or in part, the supported decision-making agreement; or
(6) a court's:
(a) determination that the principal does not have capacity to execute or consent to a
supported decision-making agreement; or
(b) appointment of a temporary or permanent guardian or conservator, unless the
court's order of appointment:
(i) modifies but continues the supported decision-making agreement; and
(ii) limits the powers and duties of the guardian.
Section 9. Section 
75-5-708
 is enacted to read:
 75-5-708.
Impact of supported decision-making agreement.
(1) A decision or request made or communicated by a principal with the assistance of a
supporter in accordance with the terms of a supported decision-making agreement and this part
shall, for the purposes of any provision of law, be recognized as the decision or request of the
principal and may be enforced on the same basis as a decision or request of the principal
without support.
(2) The availability of a supported decision-making agreement does not limit the
informal use of supported decision making, or preclude judicial consideration of informal
supported decision-making arrangements as a less restrictive alternative to a guardianship or
conservatorship.
(3) Execution of a supported decision-making agreement may not be a condition of
participating in any activity, service, or program.
(4) A court may not consider a principal's execution of a supported decision-making
agreement as evidence of the principal's incapacity.
(5) The existence of a supported decision-making agreement does not preclude the
principal from acting independently of the supported decision-making agreement.
Section 10. Section 
75-5-709
 is enacted to read:
 75-5-709.
Liability.
(1) A person who is not a party to a supported decision-making agreement, including a
provider of health care or financial services, that in good faith accepts or relies upon a
supported decision-making agreement:
(a) may presume that the signatures on the supported decision-making agreement are
genuine, unless the person has actual knowledge that any signature on the supported
decision-making agreement is not genuine;
(b) may presume that a supported decision-making agreement is valid and that a
purported supporter's authority is valid, unless the person has actual knowledge that the
supported decision-making agreement or the purported supporter's authority has been revoked,
terminated, or is otherwise void or invalid; and
(c) is not subject to civil or criminal liability, or discipline for unprofessional conduct,
for giving effect to a provision in a supported decision-making agreement, or for following the
direction of a supporter given in accordance with the supported decision-making agreement.
(2) If a person has reason to believe a principal is or has been the subject of abuse,
neglect, or exploitation, or observes a principal being subjected to conditions or circumstances
that would reasonably result in abuse, neglect, or exploitation, the person shall immediately
report the suspected abuse, neglect, or exploitation to Adult Protective Services.
(3) The provisions of this part may not be construed to affect mandatory reporting
obligations related to abuse, neglect, or exploitation.
(4) A supporter who violates this part or the terms of a supported decision-making
agreement is liable to the principal or the principal's successor in interest for the amount
required to restore the value of the principal's property to what it would have been had the
violation not occurred.
(5) A transaction between a supporter and a principal that occurs while a supported
decision-making agreement is in effect, or while the supporter is in a position of trust with the
principal, and from which the supporter obtains a benefit or advantage, is voidable by the
principal unless the supporter establishes that the transaction was fair to the principal.
Section 11. 
Effective date.
This bill takes effect on May 1, 2024.