00 CS FOR HOUSE BILL NO. 336(JUD)
01 "An Act relating to supported decision-making agreements to provide for decision-
02 making assistance; and amending Rule 402, Alaska Rules of Evidence."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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 13.56.030 and 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 for 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 all or a portion of a supported decision-making agreement is terminated
13 under this section and the termination is consistent with this section, the remainder of
14 the 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 have
05 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 approving
22 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 decision,
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 to
17 sign this agreement. I am entering into this agreement voluntarily and
18 without coercion or undue influence. I understand the nature and effect
19 of this agreement. I know that I can change this agreement at any time.
20 Signature: ________________________________________________
21 Printed name: _____________________________________________
22 Telephone number:_________________________________________
23 Electronic mail address: _____________________________________
24 Date: ____________________________________________________
25 (8) SIGNATURES OF SUPPORTERS.
26 Signature of Supporter No. 1
27 Signature: ________________________________________________
28 Printed name: _____________________________________________
29 Name: ___________________________________________________
30 Address: _________________________________________________
31 Telephone number:_________________________________________
01 Electronic mail address: _____________________________________
02 Name: ___________________________________________________
03 Address: _________________________________________________
04 Telephone number:_________________________________________
05 Electronic mail address: _____________________________________
06 Date: ____________________________________________________
07 Signature of Supporter No. 2
08 Signature ________________________________________________
09 Printed name: _____________________________________________
10 Date: ____________________________________________________
11 Signature of Supporter No. 3
12 Signature: ________________________________________________
13 Printed name: _____________________________________________
14 Date: ____________________________________________________
15 Signature of Alternate Supporter
16 Signature: ________________________________________________
17 Printed name: _____________________________________________
18 Date: ____________________________________________________
19 (9) DECLARATIONS OF SUPPORTERS.
20 DECLARATION OF SUPPORTER NO. 1. I,_____________,
21 am the principal's _______________________ (relationship to the
22 principal). I am willing to act as the principal's supporter. I
23 acknowledge my duties as a supporter under AS 13.56.
24 I understand that my job as a supporter is to help the principal
25 make decisions, obtain and understand information for decisions,
26 communicate decisions, and understand the options, responsibilities,
27 and consequences of decisions. My support may include giving the
28 principal information in a way that the principal can understand,
29 discussing pros and cons of decisions, and helping the principal
30 communicate the principal's decisions.
31 I will act with care, competence, and diligence. I know that I
01 may not make decisions for the principal. I will not exert undue
02 influence on the principal. I will not sign for the principal or provide an
03 electronic signature of the principal to a third party. I will keep the
04 principal's information confidential. I will not use information I receive
05 under this agreement for a purpose other than as authorized by the
06 principal for decision making, unless the principal consents to another
07 use.
08 Signature: ________________________________________________
09 Printed name: _____________________________________________
10 Date: ____________________________________________________
11 DECLARATION OF SUPPORTER NO. 2. I,_____________,
12 am the principal's _______________________ (relationship to the
13 principal). I am willing to act as the principal's supporter. I
14 acknowledge my duties as a supporter under AS 13.56.
15 I understand that my job as a supporter is to help the principal
16 make decisions, obtain and understand information for decisions,
17 communicate decisions, and understand the options, responsibilities,
18 and consequences of decisions. My support may include giving the
19 principal information in a way that the principal can understand,
20 discussing pros and cons of decisions, and helping the principal
21 communicate the principal's decisions.
22 I will act with care, competence, and diligence. I know that I
23 may not make decisions for the principal. I will not exert undue
24 influence on the principal. I will not sign for the principal or provide an
25 electronic signature of the principal to a third party. I will keep the
26 principal's information confidential. I will not use information I receive
27 under this agreement for a purpose other than as authorized by the
28 principal for decision making, unless the principal consents to another
29 use.
30 Signature: ________________________________________________
31 Printed name: _____________________________________________
01 Date: ____________________________________________________
02 DECLARATION OF SUPPORTER NO. 3. I,_____________,
03 am the principal's _______________________ (relationship to the
04 principal). I am willing to act as the principal's supporter. I
05 acknowledge my duties as a supporter under AS 13.56.
06 I understand that my job as a supporter is to help the principal
07 make decisions, obtain and understand information for decisions,
08 communicate decisions, and understand the options, responsibilities,
09 and consequences of decisions. My support may include giving the
10 principal information in a way that the principal can understand,
11 discussing pros and cons of decisions, and helping the principal
12 communicate the principal's decisions.
13 I will act with care, competence, and diligence. I know that I
14 may not make decisions for the principal. I will not exert undue
15 influence on the principal. I will not sign for the principal or provide an
16 electronic signature of the principal to a third party. I will keep the
17 principal's information confidential. I will not use information I receive
18 under this agreement for a purpose other than as authorized by the
19 principal for decision making, unless the principal consents to another
20 use.
21 Signature: ________________________________________________
22 Printed name: _____________________________________________
23 Date: ____________________________________________________
24 DECLARATION OF ALTERNATE SUPPORTER. I,
25 ____________________, am the principal's ____________________
26 (relationship to the principal). I am willing to act as the principal's
27 supporter in the place of another supporter. I acknowledge the duties as
28 a supporter under AS 13.56.
29 I understand that my job as a supporter would be to help the
30 principal make decisions, obtain and understand information for
31 decisions, communicate decisions, and understand the options,
01 responsibilities, and consequences of decisions. My support may
02 include giving the principal information in a way that the principal can
03 understand, discussing pros and cons of decisions, and helping the
04 principal communicate the principal's decisions.
05 I will act with care, competence, and diligence. I know that I
06 may not make decisions for the principal. I will not exert undue
07 influence on the principal. I will not sign for the principal or provide an
08 electronic signature of the principal to a third party. I will keep the
09 principal's information confidential. I will not use information I receive
10 under this agreement for a purpose other than as authorized by the
11 principal for decision making, unless the principal consents to another
12 use.
13 Signature: ________________________________________________
14 Printed name: _____________________________________________
15 Date: ____________________________________________________
16 (10) NOTARIZATION OR WITNESSING. The signatures on
17 this agreement must be either (1) notarized, or (2) witnessed by two
18 witnesses.
19 NOTARIZATION
20 State of _____________
21 ____________________ Judicial District
22 On this _____ day of _____, in the year _____, before me,
23 ____________________ (name of notary public), appeared
24 ____________________ (name of principal), and
25 ____________________ (name of each supporter and alternate
26 supporter named in the agreement), personally known to me to be the
27 persons who executed this agreement, and each acknowledged to me
28 that each executed the agreement as the person's free and voluntary act
29 and deed for the uses and purposes under this agreement.
30 Witness my hand and official seal the day and year written
31 above.
01 _________________________________
02 (Signature of notary public)
03 (Seal, if any)
04 _________________________________
05 (Title and rank)
06 My commission expires: _____________
07 WITNESSING
08 If the signatures are not notarized, two adults must witness the
09 signatures of the principal, the supporter(s), and any alternate
10 supporter, and all must sign together in the presence of the witnesses. A
11 witness CANNOT be a supporter named in this agreement. The
12 witnesses CANNOT be employees or agents of the supporter(s) named
13 in this agreement. Unless a person who understands the principal's
14 means of communication is present to assist when the agreement is
15 signed, each witness must understand the means of communication
16 used by the principal.
17 1. Witness signature: _______________________________________
18 Printed name: _____________________________________________
19 Date: ____________________________________________________
20 2. Witness signature: _______________________________________
21 Printed name: _____________________________________________
22 Date: ____________________________________________________
23 (11) APPROVAL BY GUARDIAN. I am the guardian of
24 _______________________. I have read and understand the nature and
25 effect of this agreement. I approve the use of this agreement by
26 _____________________ (name of principal) to obtain support in
27 making decisions.
28 Signature: ________________________________________________
29 Printed name: _____________________________________________
30 Date: ____________________________________________________
31 (12) APPROVAL BY CONSERVATOR. I am the conservator
01 of _______________________. I have read and understand the nature
02 and effect of this agreement. I approve the use of this agreement by
03 ____________________ (name of principal) to obtain support in
04 making decisions.
05 Signature: ________________________________________________
06 Printed name: _____________________________________________
07 Date: ____________________________________________________
08 Sec. 13.56.190. Definitions. In this chapter, unless the context indicates
09 otherwise,
10 (1) "adult" means an individual who is 18 years of age or older;
11 (2) "affairs" means the affairs described in AS 13.56.160;
12 (3) "capacity" means the ability to understand and appreciate the
13 nature and consequences of a decision and the ability to reach and communicate an
14 informed decision;
15 (4) "conservator" means a person appointed a conservator under
16 AS 13.26.401 - 13.26.595 or a similar law of another state;
17 (5) "decision" means a decision relating to the affairs of a principal;
18 (6) "decision-making assistance" means the decision-making
19 assistance described in AS 13.56.100;
20 (7) "guardian" means a person appointed a guardian under
21 AS 13.26.201 - 13.26.316 or a similar law of another state;
22 (8) "immediate family member" means a spouse, child, sibling, parent,
23 grandparent, grandchild, stepparent, stepchild, or stepsibling;
24 (9) "person" means an individual, health care institution, health care
25 provider, corporation, partnership, limited liability company, association, joint
26 venture, government, governmental subdivision, governmental agency, governmental
27 instrumentality, public corporation, or another legal or commercial entity;
28 (10) "principal" means an adult who enters into a supported decision-
29 making agreement under this chapter to receive decision-making assistance;
30 (11) "supported decision-making agreement" means an agreement
31 authorized under AS 13.56.010;
01 (12) "supporter" means an adult who enters a supported decision-
02 making agreement and provides decision-making assistance;
03 (13) "support services" means the support services described in
04 AS 13.56.170.
05 Sec. 13.56.195. Short title. This chapter may be cited as the Supported
06 Decision-Making Agreements Act.
07 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
08 read:
09 INDIRECT COURT RULE AMENDMENT. AS 13.56.150(c), added by sec. 1 of this
10 Act, has the effect of changing Rule 402, Alaska Rules of Evidence, by prohibiting the
11 execution of a supported decision-making agreement from being used as evidence of a
12 principal's incapacity. In this section, "principal" and "supported decision-making agreement"
13 have the meanings given in AS 13.56.190, added by sec. 1 of this Act.
14 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
15 read:
16 CONDITIONAL EFFECT. AS 13.56.150(c), added by sec. 1 of this Act, takes effect
17 only if sec. 2 of this Act receives the two-thirds majority vote of each house required by art.
18 IV, sec. 15, Constitution of the State of Alaska.