IN Senate Bill 380

Notary Law Update: IN Senate Bill 380

State: Indiana

Summary:
Senate Bill 380 allows an individual to create a supportive decision-making agreement that must be notarized.

Signed:  April 24, 2019

Effective:  July 01, 2019

Chapter:  Public Law 68Affects:

Adds Sections 29-3-14-1 to 29-3-14-11 to the Indiana Code.

Changes:

1. Provides for the appointment of a supporter to provide supportive decision making to an adult. 
2. Defines “supported decision making” as the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult. 
3. Defines “supporter” as a person at least 18 years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult’s supported decision making agreement.
4. Requires a supportive decision making agreement to be in writing, dated and signed by the adult who is the subject of the agreement in the presence of a Notary.

Analysis:

Supportive decision-making allows an adult with a disability to name another individual to be that person’s supportive decision-maker in a supportive decision-making agreement. The decision-maker helps the adult make educational, financial and medical decisions as well as other important life decisions. Thus, supportive decision-making “is an alternative to guardianship. Guardians make decisions for the person with a disability. However, supported decision-making allows the person with the disability to make his or her own decisions instead of having someone else make them for him or her” (From About SDM, What is Supported Decision-making at supporteddecisions.org).