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A.R.S. § 14-5722

How Supported Decision-Making Agreements Work in Arizona

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona allows adults with disabilities to enter formal agreements with a supporter. The supporter helps them understand options, gather information, and communicate decisions. The supporter does not make decisions for the adult and cannot sign legal documents on the adult's behalf.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

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.

A. An adult, without undue influence or coercion, may voluntarily enter into a supported decision-making agreement with a supporter under which the adult authorizes the supporter to do any or all of the following: 1. Provide supported decision-making, including assisting the adult in understanding the options, responsibilities and consequences of the adult's life decisions, without making those decisions on behalf of the adult. 2. Assist the adult in accessing, collecting and obtaining from any person information that is relevant to a given life decision, including medical, psychological, financial, education or treatment records. 3. Assist the adult in understanding the information described in paragraph 2 of this subsection. 4. Assist the adult in communicating the adult's decisions to appropriate persons. B. 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. C. The supported decision-making agreement shall set forth the rights, roles, duties, limitations and obligations of both the adult and the supporter who are entering into the agreement. D. 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. E. The supporter may not receive compensation as a result of the supporter's duties under a supported decision-making agreement. The supporter shall act without self-interest and shall avoid conflicts of interest. F. A supported decision-making agreement must be signed by the adult and the supporter in the presence of two or more subscribing witnesses, who must be at least eighteen years of age, or a notary public. G. A supported decision-making agreement extends until: 1. ...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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