The Supported Decision-Making Agreements Act creates a legal framework that allows adults to receive assistance from designated supporters in managing their personal affairs. It defines essential terms such as "adult," "principal," "supporter," and "decision-making assistance," and sets forth the requirements for establishing a supported decision-making agreement. These agreements must be voluntary, clearly outline the nature of the assistance, and cannot override the authority of any existing guardian or conservator without their written consent. The act also delineates the fiduciary responsibilities of supporters, mandating that they act in good faith and maintain confidentiality while assisting the principal.
In addition to establishing supported decision-making agreements, the bill amends existing laws concerning the mistreatment of dependent adults and elder persons to include violations of this act as a form of mistreatment. It clarifies the definition of "dependent adult" to include individuals aged 18 and older who cannot protect their own interests, while also introducing the term "elder person" for those aged 60 and older. The previous language stating "Such term shall include" has been removed for clarity. The bill also allows for prosecution of offenders violating these provisions under related offenses in the Kansas Statutes Annotated and repeals K.S.A. 2025 Supp. 21-5417, with the act taking effect upon publication in the statute book.
Statutes affected: As introduced: 21-5417, 21-6418