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 decision-making agreement terminates in each the following situations:

Terms Used In Alabama Code 26-1B-7

  • following: means next after. See Alabama Code 1-1-1
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) The adult who is the subject of the supported decision-making agreement dies.
(2) The adult who is the subject of the supported decision-making agreement revokes the agreement under subsection (a).
(3) All of the named supporters withdraw their participation without arranging for successor supporters approved by the adult.
(4) A court of competent jurisdiction determines that the adult does not have the capacity to execute or consent to a supported decision-making agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decision-making agreement to financially exploit, abuse, or neglect the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian or conservator for the person or property of the adult, unless the court’s order of appointment does each of the following:

a. Expressly modifies, but continues, the supported decision-making agreement alongside a partial guardianship or conservatorship.
b. Limits the powers and duties of the guardian or conservator.
(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision-making agreement.
(c) The court may enter an order pursuant to subdivision (b)(4), (b)(5), or (b)(6) only after providing notice and a hearing to the adult and all supporters named in the agreement.
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