North Dakota Code 30.1-36-08 – Reliance on agreement – Limitation of liability
1. Any third person who receives a copy of a supported decisionmaking agreement shall rely on the agreement, unless:
Terms Used In North Dakota Code 30.1-36-08
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The third person has cause to believe the named individual is being abused, neglected, or exploited by the supporter; b. The third person has actual knowledge or notice the supported decisionmaking agreement is invalid; or
c. The third person has actual knowledge or notice the supported decisionmaking agreement has been terminated.
2. A third person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decisionmaking agreement.
3. An entity, custodian, or organization that discloses personal information about a named individual to a supporter who has written authorization to access, collect, or obtain, or to assist a named individual to access, collect, or obtain that information, is immune from any action alleging the entity, custodian, or organization improperly or unlawfully disclosed information to the supporter unless:
a. The entity, custodian, or organization had actual knowledge or notice the named individual had revoked the authorization; b. The entity, custodian, or organization had actual knowledge or notice the supported decisionmaking agreement is invalid; or
c. The entity, custodian, or organization knowingly or recklessly disclosed information beyond the scope of the authorization.
4. A third person is not protected from charges of professional misconduct and is not immune from liability for:
a. Acting inconsistently with the known expressed wishes of a named individual; or
b. Failing to provide documents, records, or other information to either a named individual or a supporter who has written authorization for lawful access to or copies of the information.
5. A supported decisionmaking agreement does not relieve a person of legal obligations to provide services to an individual with a disability.