Indiana Code 29-3-14-4. Supported decision making agreements; execution and revocation
(1) enters into the agreement voluntarily and without coercion or undue influence; and
Terms Used In Indiana Code 29-3-14-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- supported decision making: refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult. See Indiana Code 29-3-14-1
- supported decision making agreement: means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters. See Indiana Code 29-3-14-2
(b) An adult may make, change, or revoke a supported decision making agreement even if the adult does not have the capacity to independently manage the adult’s own health care, legal matters, or financial affairs.
(c) A court may not consider an adult’s execution of a supported decision making agreement as evidence of incapacity. The existence of an executed supported decision making agreement does not preclude the adult from acting independently of the supported decision making agreement.
(d) An adult may not enter into a supported decision making agreement under this section if the agreement supplants the authority of a guardian of the adult, unless the guardian consents in writing to the adult entering into the supported decision making agreement.
As added by P.L.68-2019, SEC.4.