The bill proposes the enactment of sections 5123.68 to 5123.686 of the Revised Code to establish supported decision-making as a less restrictive alternative to guardianship for adults with developmental disabilities. It defines key terms such as "principal," "supported decision-making," "supported decision-making plan," and "supporter." The legislation emphasizes that adults with developmental disabilities are presumed capable of making their own decisions unless a court determines otherwise. It also clarifies that having a developmental disability does not automatically negate this presumption of capacity and competency.
Additionally, the bill outlines the process for creating a supported decision-making plan, which can be either formal or informal, and mandates the development of model plans and informational materials by the Department of Developmental Disabilities. It specifies the roles and responsibilities of supporters, including the need for confidentiality and the fiduciary duty to act in the principal's best interest. The principal retains the right to modify or terminate the plan at any time. Furthermore, the bill provides protections for third parties acting in good faith based on the supported decision-making plan, ensuring they are not liable for damages unless they have actual knowledge of any modifications or lack of authorization.