The proposed legislation, known as the Colby Act, introduces a supported decision-making agreement as an alternative to traditional guardianship or conservatorship for adults. This act defines "supported decision-making" as a process that aids adults in making their own decisions while preserving their self-determination. It establishes that an adult can voluntarily enter into a supported decision-making agreement, provided they understand its nature and effects. The act clarifies that such agreements cannot replace the authority of an existing guardian or conservator and prohibits third parties from coercing adults into these agreements. Key provisions include the requirement that supporters must act in good faith, support the adult's preferences, and avoid conflicts of interest, while also being prohibited from exerting undue influence or receiving compensation for their assistance.
Additionally, the bill modifies existing law by changing the section number from 6 to 7 and establishes that a supported decision-making agreement is presumed valid unless there is actual knowledge of its invalidity. It mandates that the agreement be in writing, dated, and signed by the adult in the presence of a notary public, with each supporter providing separate consent. The act emphasizes that the adult retains the right to make decisions independently and can modify or revoke the agreement at any time. It also protects individuals who rely in good faith on these agreements from being disciplined for unprofessional conduct and requires reporting of any suspected abuse or neglect of the adult. The act will take effect three months after its passage and approval by the Governor.