AZ Senate Bill 1291

Legislation

State: Arizona
Signed: June 20, 2023

Effective: October 30, 2023
Chapter: 195

Summary
Senate Bill 1291 allows an adult to enter into a supported decision-making agreement that must be signed in the presence of two or more adult witnesses or a Notary Public.

Affects

Adds new sections 14-5721 and 14-5722 to the Arizona Revised Statutes.

Changes

Defines “supported decision-making” and “supported decision-making agreement.”
Allows an adult, without undue influence or coercion, to voluntarily enter into a supported decision-making agreement with a supporter under which the adult authorizes the supporter to do any or all of the following: (a) Provide supported decision-making, including assisting the adult in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult; (b) Assist the adult in accessing, collecting and obtaining from any person information that is relevant to a given life decision, including medical, psychological, financial, education or treatment records; (c) Assist the adult in understanding such information; and (d) Assist the adult in communicating the adult's decisions to appropriate persons.
Requires the supported decision-making agreement to be signed by the adult and the supporter in the presence of two or more subscribing witnesses, who must be at least 18 years of age or a Notary Public.
Provides that the process of signing the supported decision-making agreement is subject to the following requirements: (a) Each witness or Notary affirms that the witness or Notary was present when the person dated and signed or marked the agreement, except as provided under (b), and that the person appeared to be of sound mind and free from duress at the time of execution of the agreement; (b) If a person is physically unable to sign or mark the agreement, the witness or Notary is required to verify on the document that the person directly indicated to the Notary or witness that the agreement expressed the person’s wishes and that the person intended to adopt the agreement at that time.
Requires the supported decision-making agreement to be in substantially the form provided in statute.

Analysis

A supported decision-making agreement allows an adult to make their own decisions, including where the adult wants to live, the services, support, and medical care the adult wants to receive, whom the adult wants to live with and where the adult wants to work, under the supervision of an adult who can aid in making the decisions without the intervention of the courts. Essential to a supported decision-making arrangement is the adult making the life decisions is free to act without coercion or undue influence. This includes changing an agreement later or revoking it altogether. Due to the need to ensure these protections, Senate Bill 1291 requires a supported decision-making agreement to be signed in the presence of a Notary Public or two or more subscribing witnesses who must be at least 18 years old.

Read Senate Bill 1291.