Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

Supported Decision-making Agreement

Concerning supported decision-making agreements for adults with disabilities, and, in connection therewith, authorizing such agreements as an alternative for or supplement to a guardianship.
2021 Regular Session
Probate, Trusts, & Fiduciaries
Bill Summary

The bill allows an adult with a disability (adult) to voluntarily enter into a supported decision-making agreement (agreement) with a member of the supportive community. Under the agreement, the adult authorizes the member of the supportive community to do any of the following:

  • Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the adult;
  • Assist the adult in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person; and
  • Assist the adult in communicating the adult's decisions to appropriate persons when expressly authorized by the adult.

The agreement may be in any form but is only valid if it contains certain information and is voluntarily signed by the adult and the member of the supportive community in the presence of 2 or more attesting and disinterested witnesses who are 18 years of age or older, or a notary public.

The bill requires any person who receives the original or a copy of the agreement to rely on the agreement. A person is not subject to criminal and civil liability and does not engage in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on an agreement.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)




Bill Text