What a Supporter Can and Cannot Do
A supported decision-making agreement gives the supporter a defined role. That role is to help the adult understand options and communicate decisions in daily life. The supporter can assist with medical, financial, educational, and treatment information.
There is a firm boundary, though.
A supporter is not a surrogate decision-maker for the adult and does not have the authority to sign legal documents on behalf of the adult or bind the adult to a legal agreement.
A.R.S. § 14-5722(B)This is the key difference between this type of agreement and a power of attorney or guardianship. The adult keeps full legal authority. The supporter advises and helps communicate but never replaces their own judgment for the adult's.
Supporters also cannot receive payment for their duties. They must act without self-interest or conflicts of interest.
How Agreements Are Signed and How They End
Both the adult and the supporter must sign the agreement. This must happen in front of either two witnesses (both at least eighteen years old) or a notary public.
If the adult cannot physically sign, a witness or notary can confirm the person directly showed the agreement matched their wishes.
If the supporter intimidates or deceives the adult in procuring the supported decision-making agreement or any authority provided in the supported decision-making agreement, the supporter may be subject to criminal prosecution and civil penalties as otherwise provided by law.
A.R.S. § 14-5722(D)The agreement stays in effect until either party ends it in writing. It also ends if the adult becomes incapacitated by law or a court appoints a guardian.
A statutory form is available for these agreements. This means anyone can use it without hiring an attorney to draft one from scratch.