Title 26 — Title 26

This act shall be known and may be cited as the Colby Act. History: (Act 2023-134, §1.)

(a) The meaning and effect of a supported decision-making agreement is determined by the law of the jurisdiction in which the supported decision-making agreement was executed, unless the supported decision-making agreement provides otherwise. (b) A person who receives a copy of a…

For the purposes of this chapter, the following terms have the following meanings: (1) SUPPORTED DECISION-MAKING. The process of supporting and accommodating an adult in the decision-making process without impeding the self- determination of the adult. This term includes assistan…

(a) An adult may not enter into a supported decision-making agreement as an alternative to guardianship or conservatorship unless the adult meets both of the following conditions: (1) The adult enters into the agreement voluntarily and without coercion or undue influence. (2) The…

A document substantially in the following format may be used to create a supported decision-making agreement that has the meaning and effect prescribed by this chapter. This document IS ___________ / IS NOT _____________ (check one) legally binding. Only a person with the legal r…

(a) A supporter shall do all of the following: (1) Support the will and preference of the adult and not the supporter’s opinion of the adult’s best interest. (2) Act honestly, diligently, and in good faith. (3) Act within the scope set forth in the adult’s supported decision-maki…

(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…

(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter. (b) Except as provided in the supported decision-making agreement, a supported decisio…

A supported decision-making agreement that complies with Section 26-1B-4 is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision-making agreement was not validly executed. History: (Act 2023-134, §8.)

(a) A person who in good faith relies on an authorization in a supported decision- making agreement is not subject to discipline for unprofessional conduct. (b) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or wil…