TN Senate Bill 264 | NNA
Law

TN Senate Bill 264

Notary Law Update: TN Senate Bill 264

State: Tennessee

Summary:

Senate Bill 264 defines "supportive decision making" and provides for the creation of a supportive decision making agreement which must be either witnessed by 2 adults or acknowledged before a Notary or notarial officer.

Signed:  April 02, 2018

Effective:  April 02, 2018

Chapter: 605

Affects:

Creates Sections 34-9-101 through 34-9-111 in the Tennessee Code Annotated

Changes:
  1. Defines "supportive decision making" as a process of supporting and accommodating an adult with a disability to enable the adult to make life decisions related to education, finances and medical treatment, including the services, supports, and medical care the adult wants to receive. It also includes decisions such as with whom the adult wants to live and spend time and where the adult wants to work without impeding the self-determination of the adult. 
  2. Requires a supportive decision-making agreement to be witnessed before 2 witnesses or notarized.
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).

The supportive decision-making agreement must be signed by both the adult with a disability and their decision-maker, and be either witnessed before 2 witnesses or acknowledged before a Notary or notarial officer authorized by law to take acknowledgments.

Senate Bill 264 was the companion bill of House Bill 941, which was also enacted into law.

Read the bill text.

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