What a Supporter Can and Cannot Do
A supported decision-making agreement gives the supporter a defined role: help the adult understand options, access relevant records, and communicate decisions. The supporter can assist with medical, financial, educational, and treatment information. But there is a firm boundary.
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 critical distinction between a supported decision-making agreement and a power of attorney or guardianship. The adult retains full legal authority. The supporter assists, advises, and helps communicate, but never substitutes their own judgment for the adult's.
Supporters also cannot receive compensation for their duties and must act without self-interest or conflicts of interest.
Execution Requirements and Termination
A supported decision-making agreement must be signed by both the adult and the supporter 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 verify that the person directly indicated the agreement expressed 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 remains in effect until either party terminates it in writing, the adult becomes incapacitated as defined by Arizona law, or a court appoints a guardian. Arizona also provides a statutory form for these agreements, making the process accessible without requiring an attorney to draft one from scratch.
