The Supported Decision-Making Agreements Act establishes a legal framework that enables adults to create agreements for receiving decision-making assistance from designated supporters. It defines essential terms such as "adult," "principal," "supporter," and "decision-making assistance," and outlines the requirements for these agreements, emphasizing voluntary participation and comprehension of their implications. Supporters are required to act in good faith and maintain confidentiality while helping the principal make informed choices regarding personal, healthcare, and financial matters. Importantly, the act clarifies that entering into a supported decision-making agreement does not indicate a lack of capacity on the part of the principal.
Additionally, the bill amends K.S.A. 21-5417 to classify violations of the Supported Decision-Making Agreements Act as mistreatment of dependent adults or elder persons, thereby enhancing protections against exploitation and abuse. The definition of "dependent adult" is revised to explicitly include individuals aged 18 and older who cannot protect their own interests, while the term "elder person" is defined as someone aged 60 or older. The bill also allows for the prosecution of offenders under specific articles of the Kansas Statutes Annotated and includes a provision for the repeal of K.S.A. 21-5417, marking a significant shift in the legal protections for vulnerable populations. The act will take effect upon its publication in the statute book.
Statutes affected: As introduced: 21-5417, 21-6418