Sec. 7. (a) A supported decision making agreement must:

(1) name at least one (1) supporter;

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Terms Used In Indiana Code 29-3-14-7

  • 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
  • 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
(2) describe the decision making assistance that each supporter may provide to the adult and how supporters may work together; and

(3) if appropriate, be executed by the adult’s guardian.

     (b) A supported decision making agreement may:

(1) appoint more than one (1) supporter;

(2) appoint an alternate to act in the place of a supporter under circumstances specified in the agreement; or

(3) authorize a supporter to share information with any other supporter or others named in the agreement.

     (c) A supported decision making agreement must be:

(1) in writing;

(2) dated; and

(3) signed by the adult in the presence of a notary.

     (d) A supported decision making agreement must contain a separate consent signed by each supporter named in the agreement indicating the supporter’s:

(1) relationship to the adult;

(2) willingness to act as a supporter; and

(3) acknowledgment of the duties of a supporter.

     (e) An adult who meets the requirements to enter into a supported decision making agreement under section 4 of this chapter may sign a supported decision making agreement in any manner, including electronic signature, permitted under IC 30-5-4-1(b) or IC 30-5-11-4(a).

As added by P.L.68-2019, SEC.4. Amended by P.L.185-2021, SEC.14.

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