Agreement Requirements

Ala. Code § 26-1B-6 — under Title 26.

Ala. Code § 26-1B-6

(a) A supported decision-making agreement shall meet all of the following requirements: (1) Name at least one supporter. (2) Describe the decision-making assistance that each supporter may provide to the adult and how supporters may work together. (3) If the adult is subject to a limited guardianship or conservatorship as provided by Section 26-1B-7, be executed by the adult’s guardian or conservator.

(4) Be in writing, dated, and signed by the adult in the presence of a notary public. (5) Contain a separate consent signed by each supporter named in the agreement indicating each of the following: a. The supporter’s relationship to the adult. b. The supporter’s willingness to act as a supporter. c. The supporter’s acknowledgment of his or her duties as a supporter.

(b) A supported decision-making agreement may do any of the following: (1) Appoint more than one supporter. (2) Appoint an alternate supporter to act in the place of a supporter under circumstances specified in the agreement. (3) Authorize a supporter to share information with any other supporter or others named in the agreement.

History: (Act 2023-134, §6.)