Indiana Code 29-3-14-5. Supporter responsibilities; prohibited acts
(1) support the will and preference of the adult, and not the supporter’s opinion of the adult’s best interests;
Terms Used In Indiana Code 29-3-14-5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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
- supporter: means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult's supported decision making agreement. See Indiana Code 29-3-14-3
(3) act within the scope set forth in the adult’s supported decision making agreement;
(4) avoid conflicts of interest; and
(5) notify the adult in writing of the supporter’s intent to resign as a supporter.
(b) The relationship between an adult and a supporter is one of trust and confidence, and serves to preserve the decision making authority of the adult.
(c) A supporter is prohibited from:
(1) exerting undue influence upon the adult;
(2) receiving a fee for service related solely to services performed in the role of supporter;
(3) obtaining, without the consent of the adult, information acquired for a purpose other than assisting the adult in making a specific decision authorized by the supported decision making agreement;
(4) acting outside the scope of authority provided in the supported decision making agreement; or
(5) obtaining, without the consent of the adult, nonpublic personal information as defined in 15 U.S.C. § 6809(4)(A).
(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, in order to communicate or implement decisions by the adult.
As added by P.L.68-2019, SEC.4.