Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations:
(1) The adult subject of the supported decision making agreement dies.
(2) The adult subject of the supported decision making agreement revokes the agreement under section 8 of this chapter.
(3) The named supporters withdraw their participation without naming successor supporters.
(4) A court of competent jurisdiction determines that the adult does not have capacity to execute or consent to a supported decision making agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decision making agreement to commit:
(A) financial exploitation;
(B) abuse; or
(C) neglect;
of the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian for the person or property of the adult, unless the court's order of appointment:
(A) expressly modifies but continues the supported decision making agreement; and
(B) limits the powers and duties of the guardian.
(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision making agreement.
(b) The court may enter an order under subsection (a)(4), (a)(5), and (a)(6) only after notice and a hearing to the adult and all supporters named in the agreement.
As added by P.L.68-2019, SEC.4.
Structure Indiana Code
Article 3. Guardianships and Protective Proceedings
Chapter 14. Supported Decision Making
29-3-14-1. "Supported Decision Making"
29-3-14-2. "Supported Decision Making Agreement"
29-3-14-4. Supported Decision Making Agreements; Execution and Revocation
29-3-14-5. Supporter Responsibilities; Prohibited Acts
29-3-14-6. Communication of a Request or Decision
29-3-14-7. Supported Decision Making Agreements; Requirements
29-3-14-8. Revocation of Supported Decision Making Agreements
29-3-14-9. Termination of Supported Decision Making Agreements
29-3-14-10. Presumption of Validity
29-3-14-11. Immunity; Exception
29-3-14-12. Meaning and Effect of Supported Decision Making Agreement