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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 336                                                                                                         
01 Relating to supported decision-making agreements to provide for decision-making assistance;                             
02 and amending Rule 402, Alaska Rules of Evidence.                                                                        
03                           _______________                                                                               
04    * Section 1. AS 13 is amended by adding a new chapter to read:                                                       
05               Chapter 56. Supported Decision-Making Agreements.                                                         
06 Sec. 13.56.010. Agreements authorized. (a) Except as provided in (b) and (c)                                            
07 of this section, an adult may enter into a supported decision-making agreement. A                                       
08 supported decision-making agreement allows an adult to receive decision-making                                          
09       assistance with the adult's affairs from one or more other adults.                                                
10            (b)  The adult wanting to receive decision-making assistance may not enter                                   
11       into a supported decision-making agreement unless the adult                                                       
12                 (1)  enters into the agreement voluntarily and without coercion or                                      
13       undue influence; and                                                                                              
14                 (2)  understands the nature and effect of the agreement.                                                
01 (c)  An adult may not enter into a supported decision-making agreement under                                            
02 this section if the agreement encroaches on the authority of a guardian or conservator                                  
03 of the adult, unless the guardian or conservator approves in writing the adult entering                                 
04       into the supported decision-making agreement.                                                                     
05            Sec. 13.56.020. Eligibility of supporters. A supporter must be an adult, but                                 
06       may not be                                                                                                        
07                 (1)  an employer or employee of the principal, unless the employer or                                   
08       employee is an immediate family member of the principal;                                                          
09                 (2)  a person who provides paid support services, except decision-                                      
10 making assistance, directly to the principal, unless the person is an immediate family                                  
11       member of the principal; or                                                                                       
12 (3)  a person against whom a protective order or restraining order has                                                  
13       been entered by a court on request of or on behalf of the principal.                                              
14 Sec. 13.56.030. Contents of agreement. (a) A supported decision-making                                                  
15       agreement must                                                                                                    
16 (1)  name one or more adults to provide a principal with decision-                                                      
17       making assistance; and                                                                                            
18 (2)  describe the decision-making assistance that each supporter may                                                    
19       provide the principal.                                                                                            
20 (b)  A supported decision-making agreement must contain a notice to third                                               
21 parties that summarizes the rights and obligations of the supporter under this chapter                                  
22       and expressly identifies this chapter.                                                                            
23            (c)  A supported decision-making agreement may                                                               
24 (1)  name an alternate supporter to act in the place of a supporter and                                                 
25       the circumstances under which the alternate supporter may act;                                                    
26 (2)  authorize a supporter to share information with another supporter                                                  
27       named in the agreement, including an alternate supporter.                                                         
28 Sec. 13.56.040. Requirements for validity. A supported decision-making                                                  
29       agreement is valid if                                                                                             
30                 (1)  the agreement is dated and in writing;                                                             
31 (2)  the agreement satisfies the requirements of AS 13.56.010 -                                                         
01       13.56.050;                                                                                                        
02                 (3)  the agreement has been signed by the principal and each named                                      
03       supporter, including any alternate supporter, and the                                                             
04                      (A)  signing takes place in the presence of two witnesses who                                      
05            also sign the agreement; or                                                                                  
06                      (B)  signatures of the principal and each named supporter,                                         
07            including any alternate supporter, are notarized; and                                                        
08                 (4)  when the principal has a guardian or conservator, the principal has                                
09       notified the guardian or conservator of the agreement.                                                            
10 Sec. 13.56.050. Declarations by supporters. A supported decision-making                                                 
11 agreement must contain a separate declaration by each supporter that states the                                         
12 supporter's relationship with the principal, states the willingness of the supporter to act                             
13 as a supporter for the principal, and indicates that the supporter acknowledges the                                     
14 duties of a supporter under this chapter. Each declaration must be signed by the                                        
15       supporter making the declaration.                                                                                 
16 Sec. 13.56.060. Witnesses. (a) Each witness under AS 13.56.040 must be an                                               
17 adult who understands the means of communication used by the principal, except, if                                      
18 there is an individual who understands the principal's means of communication present                                   
19 to assist during the execution of the supported decision-making agreement, the                                          
20 witnesses are not required to understand the means of communication used by the                                         
21       principal.                                                                                                        
22 (b)  A witness under AS 13.56.040 may not be a supporter named in the                                                   
23 supported decision-making agreement or an employee or agent of a supporter named                                        
24       in the supported decision-making agreement.                                                                       
25 Sec. 13.56.070. Term of agreement. A supported decision-making agreement                                                
26 may indicate the date it becomes effective and its duration. If the supported decision-                                 
27 making agreement does not indicate the date it becomes effective, the supported                                         
28 decision-making agreement becomes effective immediately. If a supported decision-                                       
29 making agreement does not indicate its duration, the supported decision-making                                          
30       agreement remains effective until terminated under AS 13.56.080.                                                  
31 Sec. 13.56.080. Termination of agreement. (a) A principal may at any time                                               
01 terminate all or a portion of a supported decision-making agreement. A supporter may                                    
02 at any time terminate all or a portion of the supporter's obligations under a supported                                 
03 decision-making agreement, including the declaration of support described in                                            
04       AS 13.56.050.                                                                                                     
05            (b)  A termination under (a) of this section must be in writing and signed, and                              
06                 (1)  the signing must take place in the presence of two witnesses who                                   
07       also sign the termination; or                                                                                     
08                 (2)  the signature must be notarized.                                                                   
09            (c)  A principal or supporter terminating all or a portion of a supported                                    
10 decision-making agreement shall notify, in person, by certified mail, or by electronic                                  
11       means, the other party to the agreement that the agreement has been terminated.                                   
12 (d)  If a portion of a supported decision-making agreement is terminated under                                          
13 this section and the termination is consistent with this section, the remainder of the                                  
14       agreement remains in effect.                                                                                      
15 Sec. 13.56.090. Duties of supporter. A supporter shall act with the care,                                               
16 competence, and diligence ordinarily exercised by individuals in similar                                                
17       circumstances.                                                                                                    
18 Sec. 13.56.100. Decision-making assistance of supporter. (a) Except as                                                  
19 limited by a supported decision-making agreement, a supporter may provide to a                                          
20       principal the following decision-making assistance about the principal's affairs:                                 
21 (1)  assisting with making decisions, communicating decisions, and                                                      
22 understanding information about, options for, the responsibilities of, and the                                          
23       consequences of decisions;                                                                                        
24 (2)  accessing, obtaining, and understanding information that is relevant                                               
25 to decisions necessary for the principal to manage the principal's affairs, including                                   
26 medical, psychological, financial, and educational information, medical treatment                                       
27       records, and other records;                                                                                       
28 (3)  ascertaining the wishes and decisions of the principal, assisting in                                               
29 communicating those wishes and decisions to other persons, and advocating to ensure                                     
30       the implementation of the principal's wishes and decisions; and                                                   
31 (4)  accompanying the principal and participating in discussions with                                                   
01       other persons when the principal is making decisions or attempting to obtain                                      
02       information for decisions.                                                                                        
03 (b)  Under (a)(2) of this section, a supporter may use the principal's dated                                            
04 consent to assist the principal in obtaining protected health information under the                                     
05 Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) or                                           
06 educational records under 20 U.S.C. 1232g (Family Educational Rights and Privacy                                        
07       Act of 1974).                                                                                                     
08            Sec. 13.56.110. Prohibited activities. A supporter may not                                                   
09                 (1)  exert undue influence on the principal;                                                            
10                 (2)  make decisions for or on behalf of the principal;                                                  
11 (3)  sign for the principal or provide an electronic signature of the                                                   
12       principal to a third party;                                                                                       
13 (4)  obtain, without the consent of the principal, information that is not                                              
14 reasonably related to matters with which the supporter may assist the principal under                                   
15       the supported decision-making agreement; or                                                                       
16 (5)  use, without the consent of the principal, information acquired for a                                              
17 purpose authorized by this chapter for a purpose other than assisting the principal to                                  
18       make a decision under the supported decision-making agreement.                                                    
19 Sec. 13.56.120. Confidentiality, handling, and disposal of information. A                                               
20 supporter shall keep the information collected by the supporter on behalf of the                                        
21 principal under this chapter confidential, may not use the information for a use that is                                
22 not authorized by the principal, shall protect the information from unauthorized                                        
23 access, use, or disclosure, and shall dispose of the information properly when                                          
24       appropriate.                                                                                                      
25 Sec. 13.56.130. Recognition of decisions and requests. A person shall                                                   
26 recognize a decision or request made or communicated with the decision-making                                           
27 assistance of a supporter under this chapter as the decision or request of the principal                                
28 for the purposes of a provision of law, and the principal or supporter may enforce the                                  
29 decision or request in law or equity on the same basis as a decision or request of the                                  
30       principal.                                                                                                        
31 Sec. 13.56.140. Limitation of liability. (a) A person who, in good faith, either                                        
01       acts in reliance on an authorization in a supported decision-making agreement or                                  
02       declines to honor an authorization in a supported decision-making agreement is not                                
03       subject to civil or criminal liability or to discipline for unprofessional conduct for                            
04 (1)  complying with an authorization in a supported decision-making                                                     
05 agreement, if the person is complying based on an assumption that the underlying                                        
06 supported decision-making agreement was valid when made and has not been                                                
07       terminated under AS 13.56.080;                                                                                    
08                 (2)  declining to comply with an authorization in a supported decision-                                 
09       making agreement if the person is declining based on actual knowledge that the                                    
10 supported decision-making agreement is invalid or has been terminated under                                             
11       AS 13.56.080;                                                                                                     
12 (3)  declining to comply with an authorization related to health care in a                                              
13 supported decision-making agreement, if the person is declining because the action                                      
14 proposed to be taken under the supported decision-making agreement is contrary to                                       
15 the good faith medical judgment of the person or to a written policy of a health care                                   
16       institution that is based on reasons of conscience.                                                               
17 (b)  In this section, "good faith" means honesty in fact and the observance of                                          
18       reasonable standards of fair dealing.                                                                             
19 Sec. 13.56.150. Capability and capacity. (a) In the application of this chapter,                                        
20 a decision that a principal is incapable of managing the principal's affairs may not be                                 
21       based on the manner in which the principal communicates with others.                                              
22 (b)  An adult who enters into a supported decision-making agreement may act                                             
23       without the decision-making assistance of the supporter.                                                          
24 (c)  A person may not use the execution of a supported decision-making                                                  
25       agreement as evidence that the principal does not have capacity.                                                  
26 (d)  In this chapter, a principal is considered to have capacity even if the                                            
27       capacity is achieved by the principal receiving decision-making assistance.                                       
28 Sec. 13.56.160. Principal's affairs. This chapter applies to decisions related to                                       
29       the following affairs of a principal:                                                                             
30 (1)  monitoring health, obtaining, scheduling, implementing, and                                                        
31 coordinating health and support services, understanding health care information and                                     
01       options, providing for care and comfort, and other health care and personal matters in                            
02       which the principal makes decisions about the principal's health care;                                            
03                 (2)  managing income and assets and the use of income and assets for                                    
04       clothing, support, care, comfort, education, shelter, and payment of other liabilities of                         
05       the principal;                                                                                                    
06                 (3)  handling personal, health care, and financial matters that arise in                                
07       the course of daily living;                                                                                       
08                 (4)  monitoring information about the principal's support services,                                     
09       including future necessary or recommended support services;                                                       
10 (5)  living arrangements, including where and with whom the principal                                                   
11       wants to live; and                                                                                                
12 (6)  working arrangements, including where the principal wants to                                                       
13       work.                                                                                                             
14 Sec. 13.56.170. Support services. The following are considered support                                                  
15       services under this chapter:                                                                                      
16 (1)  house repair, home cleaning, laundry, shopping, and providing                                                      
17       meals;                                                                                                            
18 (2)  transportation, accompanying a principal, and facilitating a                                                       
19       principal's written, oral, and electronic communication;                                                          
20                 (3)  nurse visitations and attendant care;                                                              
21                 (4)  provision of health care;                                                                          
22                 (5)  physical and psychosocial assessments;                                                             
23 (6)  financial assessments and advice on banking, taxes, loans,                                                         
24       investments, and management of real property;                                                                     
25                 (7)  legal assessments and advice;                                                                      
26                 (8)  education and educational assessments and advice;                                                  
27 (9)  assistance with bathing, dressing, eating, range of motion, toileting,                                             
28       transferring, ambulation, and other direct assistance with the activities of daily living;                        
29                 (10)  care planning;                                                                                    
30                 (11)  services that assist in maintaining the independence of a principal.                              
31 Sec. 13.56.180. Form for supported decision-making agreement. A                                                         
01       supported decision-making agreement must be in substantially the following form:                                  
02                        STATUTORY FORM FOR                                                                               
03                SUPPORTED DECISION-MAKING AGREEMENT                                                                      
04 (1)  INTRODUCTION. I,____________________, want to                                                                      
05 have one or more persons I trust help me make decisions, obtain and                                                     
06 understand the information I need to make my decisions, and tell other                                                  
07 people about my decisions. The people who will help me are my                                                           
08            "supporters."                                                                                                
09                 I can name three supporters in this form. If I want to have more                                        
10 than three supporters, I can use a form that is substantially similar to                                                
11 this form to enter into a supported decision-making agreement with the                                                  
12            additional supporters.                                                                                       
13 This is a written agreement between me ("principal") and each                                                           
14 of my supporters. I can say in this agreement what kind of help each of                                                 
15 my supporters will give me. A SUPPORTER APPOINTED UNDER                                                                 
16            THIS AGREEMENT DOES NOT MAKE DECISIONS FOR ME.                                                               
17 My supporters may share information with each other (select                                                             
18            one of the following):                                                                                       
19                      Yes [  ]        No [  ]                                                                            
20                 (2)  SUPPORTERS. These are my supporters:                                                               
21            SUPPORTER NO. 1                                                                                              
22 Name: ___________________________________________________                                                               
23 Address: _________________________________________________                                                              
24 Telephone number:_________________________________________                                                              
25 Electronic mail address: _____________________________________                                                          
26 I want this supporter to help me with (mark any of the following you                                                    
27            want):                                                                                                       
28                 [  ]  Making choices about food and clothing                                                            
29                 [  ]  Making choices about where and with whom I live                                                   
30                 [  ]  Making choices about my health and health care                                                    
31                 [  ]  Making choices about how I spend my time                                                          
01                 [  ]  Making choices about where I work                                                                 
02                 [  ]  Making choices about my support services                                                          
03                 [  ]  Making choices about how I spend my money and how I                                               
04            save my money                                                                                                
05                 [  ]  Making choices about legal matters                                                                
06                 [  ]  Making choices about (list other areas the supporter will                                         
07            help you with):                                                                                              
08            _________________________________________________________                                                    
09            _________________________________________________________                                                    
10            I do not want this supporter to help me with:                                                                
11            _________________________________________________________                                                    
12            _________________________________________________________                                                    
13            SUPPORTER NO. 2                                                                                              
14 Name: ___________________________________________________                                                               
15 Address: _________________________________________________                                                              
16 Telephone number:_________________________________________                                                              
17 Electronic mail address: _____________________________________                                                          
18 I want this supporter to help me with (mark any of the following you                                                    
19            want):                                                                                                       
20                 [  ]  Making choices about food and clothing                                                            
21                 [  ]  Making choices about where and with whom I live                                                   
22                 [  ]  Making choices about my health and health care                                                    
23                 [  ]  Making choices about how I spend my time                                                          
24                 [  ]  Making choices about where I work                                                                 
25                 [  ]  Making choices about my support services                                                          
26                 [  ]  Making choices about how I spend my money and how I                                               
27            save my money                                                                                                
28                 [  ]  Making choices about legal matters                                                                
29                 [  ]  Making choices about (list other areas the supporter will                                         
30            help you with):                                                                                              
31            _________________________________________________________                                                    
01            _________________________________________________________                                                    
02            I do not want this supporter to help me with:                                                                
03            _________________________________________________________                                                    
04            _________________________________________________________                                                    
05            SUPPORTER NO. 3                                                                                              
06 Name: ___________________________________________________                                                               
07 Address: _________________________________________________                                                              
08 Telephone number:_________________________________________                                                              
09 Electronic mail address: _____________________________________                                                          
10            I want this supporter to help me with (mark any of the following you                                         
11            want):                                                                                                       
12                 [  ]  Making choices about food and clothing                                                            
13                 [  ]  Making choices about where and with whom I live                                                   
14                 [  ]  Making choices about my health and health care                                                    
15                 [  ]  Making choices about how I spend my time                                                          
16                 [  ]  Making choices about where I work                                                                 
17                 [  ]  Making choices about my support services                                                          
18                 [  ]  Making choices about how I spend my money and how I                                               
19            save my money                                                                                                
20                 [  ]  Making choices about legal matters                                                                
21                 [  ]  Making choices about (list other areas the supporter will                                         
22            help you with):                                                                                              
23            _________________________________________________________                                                    
24            _________________________________________________________                                                    
25            I do not want this supporter to help me with:                                                                
26            _________________________________________________________                                                    
27 _________________________________________________________                                                               
28 ALTERNATE SUPPORTER. If one of my supporters dies, becomes                                                              
29 unable to act as my supporter, refuses to act as my supporter, or                                                       
30 terminates the supporter's part of this agreement, I want the following                                                 
31 person to become my supporter and help me with the areas the original                                                   
01            supporter was helping me with:                                                                               
02 Name: ___________________________________________________                                                               
03 Address: _________________________________________________                                                              
04 Telephone number:_________________________________________                                                              
05 Electronic mail address: _____________________________________                                                          
06 (3)  INFORMATION ACCESS FORMS. I am attaching to this                                                                   
07            agreement (mark yes or no for each choice below):                                                            
08                 A form that lets my supporter(s) obtain my health information                                           
09            under the Health Insurance Portability and Accountability Act                                                
10                      Yes [  ]        No [  ]                                                                            
11 A form that lets my supporter(s) see my educational records                                                             
12            under the Family Educational Rights and Privacy Act of 1974                                                  
13                      Yes [  ]        No [  ]                                                                            
14 (4)  GUARDIANS AND CONSERVATORS. If I have a                                                                            
15 guardian or conservator, I must notify the guardian or conservator                                                      
16 about this agreement. If this agreement encroaches on the authority of                                                  
17 that guardian or conservator, the guardian or conservator must approve                                                  
18            this agreement in writing.                                                                                   
19                 [  ]  I have a guardian, and I have notified the guardian about                                         
20            this agreement.                                                                                              
21                 [  ]  I am attaching a signed statement by my guardian                                                  
22            approving my use of this agreement.                                                                          
23                 [  ]  I have a conservator, and I have notified the conservator                                         
24            about this agreement.                                                                                        
25                 [  ]  I am attaching a signed statement by my conservator                                               
26            approving my use of this agreement.                                                                          
27 (5)  NOTICE TO THIRD PARTIES. This is a summary of the                                                                  
28 rights and obligations of a supporter under AS 13.56, the chapter that                                                  
29 authorizes making this agreement. A supporter does not make decisions                                                   
30 for the principal, but a supporter may provide a principal with help                                                    
31 when making decisions, obtaining information for decisions,                                                             
01 communicating decisions, and understanding the options,                                                                 
02 responsibilities, and consequences of decisions. A supporter may                                                        
03 accompany the principal and participate in discussions with other                                                       
04 persons. The principal sets out in this agreement the areas in which the                                                
05            supporter may help the principal with decisions.                                                             
06 A third party must recognize a decision or request of the                                                               
07 principal that is made or communicated with the assistance of a                                                         
08 supporter as the decision or request of the principal (AS 13.56.130).                                                   
09 The principal or supporter may enforce the decision or request in law or                                                
10            equity. A principal may act without the help of the supporter.                                               
11 (6)  DURATION AND TERMINATION OF AGREEMENT. I                                                                           
12 can end all or part of this agreement at any time by giving notice to my                                                
13 supporter(s). My termination must be signed and notarized or witnessed                                                  
14 like this agreement. This agreement starts ________ (date) and will                                                     
15            continue until the agreement is terminated by me or my supporter(s).                                         
16 (7)  SIGNATURE OF PRINCIPAL. I know that I do not have                                                                  
17 to sign this agreement. I am entering into this agreement voluntarily                                                   
18 and without coercion or undue influence. I understand the nature and                                                    
19 effect of this agreement. I know that I can change this agreement at any                                                
20            time.                                                                                                        
21 Signature: ________________________________________________                                                             
22 Printed name: _____________________________________________                                                             
23 Telephone number:_________________________________________                                                              
24 Electronic mail address: _____________________________________                                                          
25 Date: ____________________________________________________                                                              
26                 (8)  SIGNATURES OF SUPPORTERS.                                                                          
27                             Signature of Supporter No. 1                                                                
28 Signature: ________________________________________________                                                             
29 Printed name: _____________________________________________                                                             
30 Date: ____________________________________________________                                                              
31                             Signature of Supporter No. 2                                                                
01 Signature: ________________________________________________                                                             
02 Printed name: _____________________________________________                                                             
03 Date: ____________________________________________________                                                              
04                             Signature of Supporter No. 3                                                                
05 Signature: ________________________________________________                                                             
06 Printed name: _____________________________________________                                                             
07 Date: ____________________________________________________                                                              
08                            Signature of Alternate Supporter                                                             
09 Signature: ________________________________________________                                                             
10            Printed name: _____________________________________________                                                  
11 Date: ____________________________________________________                                                              
12                 (9)  DECLARATIONS OF SUPPORTERS.                                                                        
13 DECLARATION OF SUPPORTER NO. 1. I,_____________,                                                                        
14 am the principal's _______________________ (relationship to the                                                         
15 principal). I am willing to act as the principal's supporter. I                                                         
16            acknowledge my duties as a supporter under AS 13.56.                                                         
17 I understand that my job as a supporter is to help the principal                                                        
18 make decisions, obtain and understand information for decisions,                                                        
19 communicate decisions, and understand the options, responsibilities,                                                    
20 and consequences of decisions. My support may include giving the                                                        
21 principal information in a way that the principal can understand,                                                       
22 discussing pros and cons of decisions, and helping the principal                                                        
23            communicate the principal's decisions.                                                                       
24 I will act with care, competence, and diligence. I know that I                                                          
25 may not make decisions for the principal. I will not exert undue                                                        
26 influence on the principal. I will not sign for the principal or provide an                                             
27 electronic signature of the principal to a third party. I will keep the                                                 
28 principal's information confidential. I will not use information I receive                                              
29 under this agreement for a purpose other than as authorized by the                                                      
30 principal for decision making, unless the principal consents to another                                                 
31            use.                                                                                                         
01 Signature: ________________________________________________                                                             
02 Printed name: _____________________________________________                                                             
03 Date: ____________________________________________________                                                              
04 DECLARATION OF SUPPORTER NO. 2. I,_____________,                                                                        
05 am the principal's _______________________ (relationship to the                                                         
06 principal). I am willing to act as the principal's supporter. I                                                         
07            acknowledge my duties as a supporter under AS 13.56.                                                         
08                 I understand that my job as a supporter is to help the principal                                        
09            make decisions, obtain and understand information for decisions,                                             
10 communicate decisions, and understand the options, responsibilities,                                                    
11 and consequences of decisions. My support may include giving the                                                        
12 principal information in a way that the principal can understand,                                                       
13 discussing pros and cons of decisions, and helping the principal                                                        
14            communicate the principal's decisions.                                                                       
15 I will act with care, competence, and diligence. I know that I                                                          
16 may not make decisions for the principal. I will not exert undue                                                        
17 influence on the principal. I will not sign for the principal or provide an                                             
18 electronic signature of the principal to a third party. I will keep the                                                 
19 principal's information confidential. I will not use information I receive                                              
20 under this agreement for a purpose other than as authorized by the                                                      
21 principal for decision making, unless the principal consents to another                                                 
22            use.                                                                                                         
23 Signature: ________________________________________________                                                             
24 Printed name: _____________________________________________                                                             
25 Date: ____________________________________________________                                                              
26 DECLARATION OF SUPPORTER NO. 3. I,_____________,                                                                        
27 am the principal's _______________________ (relationship to the                                                         
28 principal). I am willing to act as the principal's supporter. I                                                         
29            acknowledge my duties as a supporter under AS 13.56.                                                         
30 I understand that my job as a supporter is to help the principal                                                        
31 make decisions, obtain and understand information for decisions,                                                        
01 communicate decisions, and understand the options, responsibilities,                                                    
02 and consequences of decisions. My support may include giving the                                                        
03 principal information in a way that the principal can understand,                                                       
04 discussing pros and cons of decisions, and helping the principal                                                        
05            communicate the principal's decisions.                                                                       
06 I will act with care, competence, and diligence. I know that I                                                          
07 may not make decisions for the principal. I will not exert undue                                                        
08 influence on the principal. I will not sign for the principal or provide an                                             
09 electronic signature of the principal to a third party. I will keep the                                                 
10 principal's information confidential. I will not use information I receive                                              
11 under this agreement for a purpose other than as authorized by the                                                      
12 principal for decision making, unless the principal consents to another                                                 
13            use.                                                                                                         
14 Signature: ________________________________________________                                                             
15 Printed name: _____________________________________________                                                             
16 Date: ____________________________________________________                                                              
17 DECLARATION OF ALTERNATE SUPPORTER. I,                                                                                  
18 ____________________, am the principal's ____________________                                                           
19 (relationship to the principal). I am willing to act as the principal's                                                 
20 supporter in the place of another supporter. I acknowledge the duties as                                                
21            a supporter under AS 13.56.                                                                                  
22 I understand that my job as a supporter would be to help the                                                            
23 principal make decisions, obtain and understand information for                                                         
24 decisions, communicate decisions, and understand the options,                                                           
25 responsibilities, and consequences of decisions. My support may                                                         
26 include giving the principal information in a way that the principal can                                                
27 understand, discussing pros and cons of decisions, and helping the                                                      
28            principal communicate the principal's decisions.                                                             
29 I will act with care, competence, and diligence. I know that I                                                          
30 may not make decisions for the principal. I will not exert undue                                                        
31 influence on the principal. I will not sign for the principal or provide an                                             
01 electronic signature of the principal to a third party. I will keep the                                                 
02 principal's information confidential. I will not use information I receive                                              
03 under this agreement for a purpose other than as authorized by the                                                      
04 principal for decision making, unless the principal consents to another                                                 
05            use.                                                                                                         
06 Signature: ________________________________________________                                                             
07 Printed name: _____________________________________________                                                             
08 Date: ____________________________________________________                                                              
09 (10)  NOTARIZATION OR WITNESSING. The signatures on                                                                     
10 this agreement must be either (1) notarized, or (2) witnessed by two                                                    
11            witnesses.                                                                                                   
12                                NOTARIZATION                                                                             
13            State of _____________                                                                                       
14            ____________________ Judicial District                                                                       
15 On this _____ day of _____, in the year _____, before me,                                                               
16 ____________________ (name of notary public), appeared                                                                  
17 ____________________ (name of principal), and                                                                           
18 ____________________ (name of each supporter and alternate                                                              
19 supporter named in the agreement), personally known to me to be the                                                     
20 persons who executed this agreement, and each acknowledged to me                                                        
21 that each executed the agreement as the person's free and voluntary act                                                 
22            and deed for the uses and purposes under this agreement.                                                     
23 Witness my hand and official seal the day and year written                                                              
24            above.                                                                                                       
25                                _________________________________                                                        
26                                (Signature of notary public)                                                             
27                                (Seal, if any)                                                                           
28                                _________________________________                                                        
29                                (Title and rank)                                                                         
30                                My commission expires: _____________                                                     
31                                  WITNESSING                                                                             
01 If the signatures are not notarized, two adults must witness the                                                        
02 signatures of the principal, the supporter(s), and any alternate                                                        
03 supporter, and all must sign together in the presence of the witnesses. A                                               
04 witness CANNOT be a supporter named in this agreement. The                                                              
05 witnesses CANNOT be employees or agents of the supporter(s) named                                                       
06 in this agreement. Unless a person who understands the principal's                                                      
07 means of communication is present to assist when the agreement is                                                       
08 signed, each witness must understand the means of communication                                                         
09            used by the principal.                                                                                       
10 1. Witness signature: _______________________________________                                                           
11 Printed name: _____________________________________________                                                             
12 Date: ____________________________________________________                                                              
13 2. Witness signature: _______________________________________                                                           
14 Printed name: _____________________________________________                                                             
15 Date: ____________________________________________________                                                              
16 (11)  APPROVAL BY GUARDIAN. I am the guardian of                                                                        
17 _______________________. I have read and understand the nature and                                                      
18 effect of this agreement. I approve the use of this agreement by                                                        
19 _____________________ (name of principal) to obtain support in                                                          
20            making decisions.                                                                                            
21 Signature: ________________________________________________                                                             
22 Printed name: _____________________________________________                                                             
23 Date: ____________________________________________________                                                              
24 (12)  APPROVAL BY CONSERVATOR. I am the conservator                                                                     
25 of _______________________. I have read and understand the nature                                                       
26 and effect of this agreement. I approve the use of this agreement by                                                    
27 ____________________ (name of principal) to obtain support in                                                           
28            making decisions.                                                                                            
29 Signature: ________________________________________________                                                             
30 Printed name: _____________________________________________                                                             
31 Date: ____________________________________________________                                                              
01            Sec. 13.56.190. Definitions. In this chapter, unless the context indicates                                   
02       otherwise,                                                                                                        
03                 (1)  "adult" means an individual who is 18 years of age or older;                                       
04                 (2)  "affairs" means the affairs described in AS 13.56.160;                                             
05                 (3)  "capacity" means the ability to understand and appreciate the                                      
06       nature and consequences of a decision and the ability to reach and communicate an                                 
07       informed decision;                                                                                                
08                 (4)  "conservator" means a person appointed a conservator under                                         
09       AS 13.26.401 - 13.26.595 or a similar law of another state;                                                       
10                 (5)  "decision" means a decision relating to the affairs of a principal;                                
11 (6)  "decision-making assistance" means the decision-making                                                             
12       assistance described in AS 13.56.100;                                                                             
13 (7)  "guardian" means a person appointed a guardian under                                                               
14       AS 13.26.201 - 13.26.316 or a similar law of another state;                                                       
15 (8)  "immediate family member" means a spouse, child, sibling, parent,                                                  
16       grandparent, grandchild, stepparent, stepchild, or stepsibling;                                                   
17 (9)  "person" means an individual, health care institution, health care                                                 
18 provider, corporation, partnership, limited liability company, association, joint                                       
19 venture, government, governmental subdivision, governmental agency, governmental                                        
20       instrumentality, public corporation, or another legal or commercial entity;                                       
21 (10)  "principal" means an adult who enters into a supported decision-                                                  
22       making agreement under this chapter to receive decision-making assistance;                                        
23 (11)  "supported decision-making agreement" means an agreement                                                          
24       authorized under AS 13.56.010;                                                                                    
25 (12)  "supporter" means an adult who enters into a supported decision-                                                  
26       making agreement and provides decision-making assistance;                                                         
27 (13)  "support services" means the support services described in                                                        
28       AS 13.56.170.                                                                                                     
29 Sec. 13.56.195. Short title. This chapter may be cited as the Supported                                                 
30       Decision-Making Agreements Act.                                                                                   
31    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                            
01 read:                                                                                                                   
02 INDIRECT COURT RULE AMENDMENT. AS 13.56.150(c), added by sec. 1 of this                                                 
03 Act, has the effect of changing Rule 402, Alaska Rules of Evidence, by prohibiting the                                  
04 execution of a supported decision-making agreement from being used as evidence of a                                     
05 principal's incapacity. In this section, "principal" and "supported decision-making agreement"                          
06 have the meanings given in AS 13.56.190, added by sec. 1 of this Act.                                                   
07    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                            
08 read:                                                                                                                   
09       CONDITIONAL EFFECT. AS 13.56.150(c), added by sec. 1 of this Act, takes effect                                    
10 only if sec. 2 of this Act receives the two-thirds majority vote of each house required by art.                         
11 IV, sec. 15, Constitution of the State of Alaska.                                                                       
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