Bill Text: TX SB1638 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of a supporter regarding legal proceedings granted under a supported decision-making agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Jurisprudence [SB1638 Detail]
Download: Texas-2023-SB1638-Introduced.html
| 88R11608 EAS-D | ||
| By: Zaffirini | S.B. No. 1638 | |
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| relating to the authority of a supporter regarding legal | ||
| proceedings granted under a supported decision-making agreement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1357.051, Estates Code, is amended to | ||
| read as follows: | ||
| Sec. 1357.051. SCOPE OF SUPPORTED DECISION-MAKING | ||
| AGREEMENT. An adult with a disability may voluntarily, without | ||
| undue influence or coercion, enter into a supported decision-making | ||
| agreement with a supporter under which the adult with a disability | ||
| authorizes the supporter to do any or all of the following: | ||
| (1) provide supported decision-making, including | ||
| assistance in understanding the options, responsibilities, and | ||
| consequences of the adult's life decisions, without making those | ||
| decisions on behalf of the adult with a disability; | ||
| (2) subject to Section 1357.054, assist the adult in | ||
| accessing, collecting, and obtaining information that is relevant | ||
| to a given life decision, including medical, psychological, | ||
| financial, educational, legal, or treatment records, from any | ||
| person; | ||
| (3) assist the adult with a disability in | ||
| understanding the information described by Subdivision (2); and | ||
| (4) assist the adult in communicating the adult's | ||
| decisions to appropriate persons. | ||
| SECTION 2. Section 1357.056(a), Estates Code, is amended to | ||
| read as follows: | ||
| (a) Subject to Subsection (b), a supported decision-making | ||
| agreement is valid only if it is in substantially the following | ||
| form: | ||
| SUPPORTED DECISION-MAKING AGREEMENT | ||
| Important Information For Supporter: Duties | ||
| When you agree to provide support to an adult with a | ||
| disability under this supported decision-making agreement, you | ||
| have a duty to: | ||
| (1) act in good faith; | ||
| (2) act within the authority granted in this | ||
| agreement; | ||
| (3) act loyally and without self-interest; and | ||
| (4) avoid conflicts of interest. | ||
| Appointment of Supporter | ||
| I, (insert your name), make this agreement of my own free | ||
| will. | ||
| I agree and designate that: | ||
| Name: | ||
| Address: | ||
| Phone Number: | ||
| E-mail Address: | ||
| is my supporter. My supporter may help me with making everyday | ||
| life decisions relating to the following: | ||
| Y/N obtaining food, clothing, and shelter | ||
| Y/N taking care of my physical health | ||
| Y/N legal proceedings I am involved in, including civil | ||
| and criminal proceedings | ||
| Y/N managing my financial affairs. | ||
| My supporter is not allowed to make decisions for me. To | ||
| help me with my decisions, my supporter may: | ||
| 1. Help me access, collect, or obtain information that is | ||
| relevant to a decision, including medical, psychological, | ||
| financial, educational, legal, or treatment records; | ||
| 2. Help me understand my options so I can make an informed | ||
| decision; or | ||
| 3. Help me communicate my decision to appropriate persons. | ||
| Y/N A release allowing my supporter to see protected | ||
| health information under the Health Insurance Portability and | ||
| Accountability Act of 1996 (Pub. L. No. 104-191) is attached. | ||
| Y/N A release allowing my supporter to see educational | ||
| records under the Family Educational Rights and Privacy Act of 1974 | ||
| (20 U.S.C. Section 1232g) is attached. | ||
| Effective Date of Supported Decision-Making Agreement | ||
| This supported decision-making agreement is effective | ||
| immediately and will continue until (insert date) or until the | ||
| agreement is terminated by my supporter or me or by operation of | ||
| law. | ||
| Signed this ______ day of _________, 20___ | ||
| Consent of Supporter | ||
| I, (name of supporter), consent to act as a supporter under | ||
| this agreement. | ||
| (signature of supporter)(printed name of supporter) | ||
| Signature | ||
| (my signature)(my printed name) | ||
| (witness 1 signature)(printed name of witness 1) | ||
| (witness 2 signature)(printed name of witness 2) | ||
| State of | ||
| County of | ||
| This document was acknowledged before me | ||
| on _______________________________ (date) | ||
| by _______________________________ and _______________________ | ||
| (name of adult with a disability)(name of supporter) | ||
| (signature of notarial officer) | ||
| (Seal, if any, of notary) | ||
| (printed name) | ||
| My commission expires: | ||
| WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY | ||
| IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE | ||
| OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE | ||
| ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY | ||
| THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT, | ||
| OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES | ||
| BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT | ||
| WWW.TXABUSEHOTLINE.ORG. | ||
| SECTION 3. The changes in law made by this Act apply to a | ||
| supported decision-making agreement entered into on or after the | ||
| effective date of this Act. A supported decision-making agreement | ||
| entered into before the effective date of this Act is governed by | ||
| the law as it existed on the date the supported decision-making | ||
| agreement was entered into, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
