(1) The member of the supportive community may only assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when such assistance is specifically requested by the adult with a disability.
(2) If the member of the supportive community assists the adult with a disability in accessing, collecting, or obtaining financial or personal information, the member of the supportive community shall keep the information confidential, as requested by the adult with a disability.
(3) A member of the supportive community who obtains information pursuant to this section may only use such information for the specific purposes requested by the adult with a disability and any misuse of the information may be subject to criminal and civil liability.
(4) The existence of a supported decision-making agreement does not preclude an adult with a disability from seeking personal information on their own without the assistance of the member of the supportive community.
Source: L. 2021: Entire part added, (SB 21-075), ch. 61, p. 248, � 1, effective September 7.
15-14-805. Agreement requirements - signature - witnesses or notary public. (1) A supported decision-making agreement may be in any form but is valid only if it contains, at a minimum, the following:
(a) The name of the adult with a disability;
(b) The name, address, phone number, and email address of the member of the supportive community, if applicable;
(c) A list of decisions the adult with a disability requests the member of the supportive community to advise the adult with a disability on;
(d) A description of the member of the supportive community's agreement terms, including, at a minimum, the agreement term to:
(I) Provide information as requested by the adult with a disability;
(II) Respect that the final and ultimate decision is the adult with the disability's and not the member of the supportive community's;
(III) Not coerce or manipulate the adult with the disability into making any decision; and
(IV) Provide the most up-to-date and relevant information to the adult with the disability based on all the available and known information the member of the supportive community has.
(e) A notice that any mandatory reporter, as described in section 18-6.5-108, who is relying on the supported decision-making agreement and has cause to believe that the adult with a disability is being mistreated, as defined in section 18-6.5-102 (10.5), by the member of the supportive community, shall report the alleged mistreatment to adult protective services; and
(f) The day, month, and year the agreement was entered into.
(2) A supported decision-making agreement must be signed voluntarily, without coercion or undue influence, by the adult with a disability and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
Source: L. 2021: Entire part added, (SB 21-075), ch. 61, p. 248, � 1, effective September 7.