Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations:

(1) The adult subject of the supported decision making agreement dies.

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Terms Used In Indiana Code 29-3-14-9

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • 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 personal and real property. See Indiana Code 1-1-4-5
  • supported decision making: refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult. See Indiana Code 29-3-14-1
  • supported decision making agreement: means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters. See Indiana Code 29-3-14-2
  • supporter: means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult's supported decision making agreement. See Indiana Code 29-3-14-3
(2) The adult subject of the supported decision making agreement revokes the agreement under section 8 of this chapter.

(3) The named supporters withdraw their participation 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 decision making agreement.

(5) A court of competent jurisdiction determines that a supporter has used the supported decision making agreement to commit:

(A) financial exploitation;

(B) abuse; or

(C) 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:

(A) expressly modifies but continues the supported decision making agreement; and

(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 decision making agreement.

     (b) The court may enter an order under subsection (a)(4), (a)(5), and (a)(6) only after notice and a hearing to the adult and all supporters named in the agreement.

As added by P.L.68-2019, SEC.4.

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