Originally published: . Volume 11, No. 7. Source pages: 8.
House Bill 361 amends the Civil Code
to offer a legal option to interdiction for adults with disabilities. The measure called the Dustin Gary Act was signed by the governor last month and aims to recognize a less restrictive decision- making process for adults with disabilities who need assistance with decisions of daily living.
In the new law "Adult" means an individual with a disability as defined by the Americans with Disabilities Act of 1990 who has attained eighteen years of age or who is an emancipated minor.
The new law defines "supported decisionmaking" as "a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, with whom the adult wants to live, and where the adult wants to work, without impeding the self-determination of the adult."
An adult may voluntarily, without undue influence or coercion, enter into a supported decisionmaking agreement with a supporter under which the adult authorizes the supporter to … " aid them in decisions.
According to the new law, a supporter shall do all of the following: (1) Support the will and preference of the adult and not the supporter's opinion of the adult's best interests. (2) Act honestly, diligently, and in good faith. (3) Act within the scope set forth in the adult's supported decisionmaking agreement. (4) Avoid conflicts of interest.
A supporter is prohibited from doing all of the following: (1) Exerting undue influence upon the adult.
(2) Obtaining, without the consent of the adult, information relating to the adult acquired for a purpose other than assisting the adult in making a specific decision authorized by the supported decisionmaking agreement. (3) Acting outside the scope of authority provided in the supported decisionmaking agreement.
A supported decisionmaking agreement terminates for a variety of reasons.
The adult subject of the supported decisionmaking agreement revokes the agreement under R.S. 13:4261.206.
The named supporter can revoke his participation in writing without naming successor supporters.
A court of competent jurisdiction may determine that the adult does not have capacity to execute or consent to a supported decisionmaking agreement.
A court of competent jurisdiction may determine that a supporter has used the supported decisionmaking agreement to commit financial exploitation, abuse, or neglect of the adult.
A court of competent jurisdiction may appoint a temporary or permanent guardian for the person or property of the adult, unless the court's order of appointment does all of the following: (a) Expressly modifies but continues the supported decisionmaking agreement. (b) Limits the powers and duties of the guardian.
The adult may sign a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decisionmaking agreement.
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