| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a supporter regarding legal |
|
|
proceedings granted under a supported decision-making agreement. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1357.051, Estates Code, is amended to |
|
|
read as follows: |
|
|
Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING |
|
|
AGREEMENT. An adult with a disability may voluntarily, without |
|
|
undue influence or coercion, enter into a supported decision-making |
|
|
agreement with a supporter under which the adult with a disability |
|
|
authorizes the supporter to do any or all of the following: |
|
|
(1) provide supported decision-making, including |
|
|
assistance in understanding the options, responsibilities, and |
|
|
consequences of the adult's life decisions, without making those |
|
|
decisions on behalf of the adult with a disability; |
|
|
(2) subject to Section 1357.054, assist the adult in |
|
|
accessing, collecting, and obtaining information that is relevant |
|
|
to a given life decision, including medical, psychological, |
|
|
financial, educational, legal, or treatment records, from any |
|
|
person; |
|
|
(3) assist the adult with a disability in |
|
|
understanding the information described by Subdivision (2); and |
|
|
(4) assist the adult in communicating the adult's |
|
|
decisions to appropriate persons. |
|
|
SECTION 2. Section 1357.056(a), Estates Code, is amended to |
|
|
read as follows: |
|
|
(a) Subject to Subsection (b), a supported decision-making |
|
|
agreement is valid only if it is in substantially the following |
|
|
form: |
|
|
SUPPORTED DECISION-MAKING AGREEMENT |
|
|
Important Information For Supporter: Duties |
|
|
When you agree to provide support to an adult with a |
|
|
disability under this supported decision-making agreement, you |
|
|
have a duty to: |
|
|
(1) act in good faith; |
|
|
(2) act within the authority granted in this |
|
|
agreement; |
|
|
(3) act loyally and without self-interest; and |
|
|
(4) avoid conflicts of interest. |
|
|
Appointment of Supporter |
|
|
I, (insert your name), make this agreement of my own free |
|
|
will. |
|
|
I agree and designate that: |
|
|
Name: |
|
|
Address: |
|
|
Phone Number: |
|
|
E-mail Address: |
|
|
is my supporter. My supporter may help me with making everyday |
|
|
life decisions relating to the following: |
|
|
Y/N obtaining food, clothing, and shelter |
|
|
Y/N taking care of my physical health |
|
|
Y/N legal proceedings I am involved in, including civil |
|
|
and criminal proceedings |
|
|
Y/N managing my financial affairs. |
|
|
My supporter is not allowed to make decisions for me. To |
|
|
help me with my decisions, my supporter may: |
|
|
1. Help me access, collect, or obtain information that is |
|
|
relevant to a decision, including medical, psychological, |
|
|
financial, educational, legal, or treatment records; |
|
|
2. Help me understand my options so I can make an informed |
|
|
decision; or |
|
|
3. Help me communicate my decision to appropriate persons. |
|
|
Y/N A release allowing my supporter to see protected |
|
|
health information under the Health Insurance Portability and |
|
|
Accountability Act of 1996 (Pub. L. No. 104-191) is attached. |
|
|
Y/N A release allowing my supporter to see educational |
|
|
records under the Family Educational Rights and Privacy Act of 1974 |
|
|
(20 U.S.C. Section 1232g) is attached. |
|
|
Effective Date of Supported Decision-Making Agreement |
|
|
This supported decision-making agreement is effective |
|
|
immediately and will continue until (insert date) or until the |
|
|
agreement is terminated by my supporter or me or by operation of |
|
|
law. |
|
|
Signed this ______ day of _________, 20___ |
|
|
Consent of Supporter |
|
|
I, (name of supporter), consent to act as a supporter under |
|
|
this agreement. |
|
|
|
|
|
(signature of supporter)(printed name of supporter) |
|
|
Signature |
|
|
|
|
|
(my signature)(my printed name) |
|
|
|
|
|
(witness 1 signature)(printed name of witness 1) |
|
|
|
|
|
(witness 2 signature)(printed name of witness 2) |
|
|
State of |
|
|
County of |
|
|
This document was acknowledged before me |
|
|
on _______________________________ (date) |
|
|
by _______________________________ and _______________________ |
|
|
(name of adult with a disability)(name of supporter) |
|
|
|
|
|
(signature of notarial officer) |
|
|
(Seal, if any, of notary) |
|
|
(printed name) |
|
|
My commission expires: |
|
|
WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY |
|
|
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE |
|
|
OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE |
|
|
ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY |
|
|
THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT, |
|
|
OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
|
|
BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT |
|
|
WWW.TXABUSEHOTLINE.ORG. |
|
|
SECTION 3. The changes in law made by this Act apply to a |
|
|
supported decision-making agreement entered into on or after the |
|
|
effective date of this Act. A supported decision-making agreement |
|
|
entered into before the effective date of this Act is governed by |
|
|
the law as it existed on the date the supported decision-making |
|
|
agreement was entered into, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |