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Law

ND HB 1378

Notary Law Update: ND HB 1378

State: North Dakota

Summary:

House Bill 1378 allows an individual to create a supportive decision-making agreement that must be witnessed by 2 adults or be notarized.

Signed:  March 19, 2019

Effective:  August 01, 2019

Chapter: TBD

Affects:

Creates an as yet uncodified chapter to Title 30.1 of the North Dakota Century Code.

Changes:
  1. Allows an adult to name a supportive decision maker to assist the adult with making life decisions, as specified. 
  2. Requires a Notary or two qualified witnesses to verify in writing the signatures to a supportive decision-making agreement. 
  3. Provides a statutory supportive decision-making form. 
Analysis:

Supportive decision-making allows an adult with a disability to name another individual to be that person's supportive decision-maker in a supportive decision-making agreement. The decision-maker helps the adult make educational, financial and medical decisions as well as other important life decisions. Thus, supportive decision-making "is an alternative to guardianship. Guardians make decisions for the person with a disability. However, supported decision-making allows the person with the disability to make his or her own decisions instead of having someone else make them for him or her" (From About SDM, What is Supported Decision-making at supporteddecisions.org).

Read the bill text.

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