As used in this chapter:

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Terms Used In North Dakota Code 30.1-36-01

  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

1.    “Intentional misconduct” means conduct by a supporter with actual knowledge at the time of the conduct that the conduct is unnecessarily harmful to the health or well-being of a named individual.

2.    “Named individual” is the individual identified in a supported decisionmaking agreement who is to receive decisionmaking assistance.

3.    “Supported decisionmaking” means assistance from a person of a named individual’s choosing:

a.    To identify, collect, and organize documents that apply to a decision the named individual is considering; b.    To identify, collect, and organize information that may be helpful to the named individual when making a decision; c.    To help the named individual understand documents; d.    To identify choices available for a responsible decision; e.    To identify advantages and disadvantages of available choices; f.    To communicate any decision by the named individual to others at the request of the named individual; or

g.    To explain the decisionmaking process allowed under this subsection to the court in any proceeding to create or modify a guardianship or conservatorship for the named individual.

4.    “Supported decisionmaking agreement” means a written, signed, dated, and witnessed understanding between a named individual and a trusted adult who agrees to provide assistance for decisionmaking to maximize the named individual’s ability to make informed, voluntary choices, including choices within:

a.    Health care. b.    Residence.

c.    Finances. d.    Education.

e.    Legal affairs. f.    Vocation.

5.    “Supporter” is a person that has signed a supported decisionmaking agreement, agreeing to provide assistance to the named individual.