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," "capacity," "principal," and "supporter," 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 having a supported decision-making agreement does not diminish the principal's right to make independent decisions.
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 include individuals aged 18 and older who cannot protect their own interests, expanding the scope to cover various vulnerable populations. The definition of "elder person" is also established as someone aged 60 or older. The bill allows for prosecution of offenders under specific articles of the Kansas Statutes Annotated and will take effect upon publication in the statute book.
Statutes affected: As introduced: 21-5417, 21-6418