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.