(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:
Terms Used In Alabama Code 26-1B-3
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) The adult enters into the agreement voluntarily and without coercion or undue influence.(2) The adult understands the nature and effect of the agreement.(b) An adult may make, change, or revoke a supported decision-making agreement.(c) A court may not consider an adult’s execution of a supported decision-making agreement as evidence of the adult’s incapacity. The existence of an executed supported decision-making agreement does not preclude the adult from acting independently of the supported decision-making agreement.(d) An adult may not enter into a supported decision-making agreement under this section if the agreement supplants the authority of a guardian or conservator of the adult.(e) No third-party individual or entity may require an adult to execute a supported decision-making agreement for any purpose. For the purposes of this act, the term “third-party individual or entity” does not include a guardian or conservator.
