Louisiana Revised Statutes 13:4261.207 – A. A supported decisionmaking agreement terminates under any of the following circumstances:
Terms Used In Louisiana Revised Statutes 13:4261.207
- Adult: means an individual with a disability as defined by the Americans with Disabilities Act of 1990, 42 U. See Louisiana Revised Statutes 13:4261.102
- 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.
- Guardian: means a guardian as defined by La. See Louisiana Revised Statutes 13:4261.102
- 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 body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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
- Supported decisionmaking: means a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, with whom the adult wants to live, and where the adult wants to work, without impeding the self-determination of the adult. See Louisiana Revised Statutes 13:4261.102
- Supported decisionmaking agreement: is a n agreement between an adult and a supporter entered into under this Chapter. See Louisiana Revised Statutes 13:4261.102
- Supporter: means an individual who has attained the age of eighteen years of age and entered into a supported decisionmaking agreement with an adult. See Louisiana Revised Statutes 13:4261.102
A. A supported decisionmaking agreement terminates under any of the following circumstances:
(1) The adult subject of the supported decisionmaking agreement dies.
(2) The adult subject of the supported decisionmaking agreement revokes the agreement under La. Rev. Stat. 13:4261.206.
(3) The named supporter revokes his participation in writing without naming successor supporters.
(4) A court of competent jurisdiction determines that the adult does not have capacity to execute or consent to a supported decisionmaking agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decisionmaking agreement to commit financial exploitation, abuse, or neglect of the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian for the person or property of the adult, unless the court’s order of appointment does all of the following:
(a) Expressly modifies but continues the supported decisionmaking agreement.
(b) Limits the powers and duties of the guardian.
(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 decisionmaking agreement.
B. The court may enter an order under Paragraph (A)(4), (5), or (6) of this Section only after notice is given to the adult and all supporters named in the agreement and a hearing is conducted.
Acts 2020, No. 258, §2.