Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/20/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB355 | |
| HB123 | |
| HB259 | |
| HB336 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 355 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| + | HB 259 | TELECONFERENCED | |
| + | HB 336 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 336-SUPPORTIVE DECISION-MAKING AGREEMENTS
2:57:53 PM
CHAIR COGHILL announced the consideration of HB 336. [CSHB
336(JUD)am was before the committee.]
2:58:11 PM
REPRESENTATIVE CHARISSE MILLETT, Alaska State Legislature,
Juneau, Alaska, introduced HB 336 speaking to the following
sponsor statement:
With over 100 wards per public guardian Alaska has one
of the highest rates of full guardianship in the
nation. Studies concerning individuals under full
guardianship have found that such individuals were
significantly less likely to have any kind of paid
employment and are less likely to be integrated into
their community, than people provided less restrictive
options to full guardianship.
Policy makers should engage in efforts to provide
adults with intellectual and developmental
disabilities (IDD) the needed tools to experience
lives with the most autonomy, freedom and independence
as possible. The Supported Decision-Making Agreements
Act does just that.
Designed as a mechanism to enable adults with IDD to
enter into newly created legal structures called
supported decision-making agreements (SDMA), House
Bill 336 will provide a less restrictive alternative
to full guardianship for adults with IDD. Guided by
the experience of other states, HB 336 will enable
adults with disabilities to maintain their rights to
make decisions currently being taken away from them by
guardianship orders.
The philosophy underpinning HB 336 contends that
adults with IDD do have and should retain their
constitutional and civil rights to live as freely and
autonomously as possible. HB 336 will help change the
current system in which one person tends makes every
decision for adults with IDD, even though those adults
have capacity to make many decisions on their own; to
a system where adults who can make life decisions with
support from others no longer have the right to make
those decisions taken away from them by the
government.
HB 336 will enable OPA to focus its efforts on adults
who truly need full guardianship, while providing
Alaskans experiencing varying levels of IDD an avenue
to live happier and healthier lives.
CHAIR COGHILL offered his understand that the bill fills the gap
between full guardianship and the need for a little help and
support.
REPRESENTATIVE MILLETT said that's correct. It's an idea that is
gaining traction throughout the nation.
3:00:35 PM
HANS RODVICK, Staff, Representative Charisse Millett, Alaska
State Legislature, Juneau, Alaska, presented the sectional
analysis for HB 336 speaking to the following prepared document:
Section One: Amending AS 13, which related to
decedents' estates, guardianships, transfers, trusts
and health care decisions, by adding a new chapter
chapter 56
13.56.010: Authorizes adults to enter into a
supported decision-making agreement (SDMA) and
spells out reasons why an adult may not enter a
SDMA.
13.56.020: Describes the requirements adults must
meet to be qualified as supporters in SDMAs.
13.56.030: Sets the parameters for what a SDMA
must contain to be legitimate. Also deals with
alternate supporters and sharing of information
amongst supporters.
13.56.040: This section lays out the precise
requirements for a SDMA to be valid, and how the
principal and supporter(s) may formalize the
signing of the SDMA.
13.56.050: Mandates that each supporter
acknowledge their relationship with the principal
and their responsibilities to support the
principal.
13.56.060: Delineates who a witness to the
signing of the SDMA can and cannot be.
13.56.070: Clarifies when a SDMA becomes
effective and how long they last.
13.56.080: This section details how either a
principal or supporter(s) of a SDMA may terminate
all or portions of a SDMA. Likewise, explains
what happens to a SDMA if only portions of it are
terminated.
13.56.090: States the general duties of
supporters.
13.56.100: Outlines the areas of a principal's
life, including health, finances, education and
communication, that a supporter may provide
support in. Also provides a way for supporters to
help the principal deal with health information
covered under federal healthcare privacy laws.
13.56.110: Prohibits supporters from wrongfully
guiding and influencing the principal in a
harmful manner. This section also prohibits
supporters from using or obtaining the
principal's personal information without their
consent.
13.56.120: Requires the supporter(s) of a
principal to keep all information related to the
principal confidential, protected and shielded
from unauthorized use.
13.56.130: Directs people who interact with
principals/supporter(s) to recognize the
communication, requests and decisions made by the
principal (with support from the supporter(s)) as
if that communication, request or decision was
made solely by the principal.
13.56.140: This section absolves a person (for
three distinct reasons) from civil or criminal
liability or discipline for unprofessional
conduct if they either comply or decline to
comply with an authorization in a SDMA.
13.56.150: Delineates the circumstances in which
a principal is capable and has capacity. A
principal doesn't lack capacity based on how they
communicate. Likewise, a principal may make
decisions without the support of a supporter(s).
Lastly, the existence of a SDMA doesn't mean a
principal lacks capacity.
13.56.160: Deals entirely with the affairs of a
principal that a SDMA may cover. Work,
healthcare, support services education, finances,
living arrangements and more are all discussed.
13.56.170: This section spells out the multitude
of support services, as referenced in 13.56.160,
that supporters may provide the principal as
agreed upon in the SDMA.
13.56.180: This section creates a statutory form
for supported decision-making agreements as
prescribed in the other sections of HB 336.
1) Introduction: Principal declares their
desire to enter a SDMA.
2) Supporters: Supporters fill out their
information and select what they will be
helping the principal with. Provides for an
alternate supporter to enter the SDMA.
3) Information Access Forms: Enables
supporters to obtain the principal's private
information.
4) Guardians and Conservators: Principal
must declare whether they have a guardian or
conservator.
5) Notice to Third Parties: Outlines the
rights and obligations of supporters and
ensures that a third party must recognize a
principal's request or decision as declared
under AS 13.56.130.
6) Duration and Termination of Agreement:
Principals may end the agreement at any time
by giving notice to their supporters.
7) Signature of Principal: Recognition of
voluntary signature of the principal to
enter the SDMA
8) Signatures of Supporters: Self
explanatory
9) Declaration of Supporters: Supporters and
possible alternate supporter sign again and
acknowledge their role to help the principal
with the mutually agreed upon terms.
10) Notarization or Witnessing: Provides
area for notary or two witnesses to sign and
make the SDMA official.
11) Approval by Guardian: Space for the
guardian to approve the principal entering
the SDMA.
12) Approval by Conservator: Space for a
conservator to approve the principal
entering the SDMA.
13.56.190: Definitions
13.56.195: The short title of House Bill 336 is
the Supported Decision-Making Agreements Act.
Section 2: Amends Alaska Court Rule 402, Alaska Rules
of Evidence, to clarify that the execution of a SDMA
cannot be used as evidence of a principal's
incapacity.
Section 3: Amends the uncodified law of Alaska by
amending Court Rule 402 and clarifies the two-thirds
majority vote of each house needed to achieve such
action.
3:05:10 PM
CHAIR COGHILL asked if this was based on a model act.
MR. RODVIK said no, but the association that deals with
guardianships and this type of disability legislation recognizes
supported decision-making agreements as a legitimate alternative
to guardianship and recommends it in their national legislation.
3:05:45 PM
CHAIR COGHILL held HB 336 in committee for future consideration.