75-5-705. Supporter duties.

426 words·~2 min read·/ut/title-75/chapter-5/75-5-705

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)A supporter shall:

(a)act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, and in accordance with the supporter's skills or expertise;

(b)act in good faith;

(c)comply with the terms of the supported decision-making agreement;

(d)maintain records, which the supporter shall make available to the principal upon request, concerning:

(i)the supporter's actions under the supported decision-making agreement; and

(ii)how the principal communicates and expresses opinions to the supporter; and

(e)ensure that all information collected on behalf of the principal pursuant to the supported decision-making agreement and this section is:

(i)kept confidential, as appropriate;

(ii)not subject to unauthorized access, use, or disclosure; and

(iii)properly disposed of when appropriate.

(2)Except as otherwise provided in the supported decision-making agreement or Subsection

(3), a supporter may, as directed by the principal:

(a)assist the principal in understanding information, options, responsibilities, and consequences of the principal's life decisions, including decisions relating to the principal's affairs or supportive services;

(b)help the principal access, obtain, and understand information that is relevant to a life decision, including medical, psychological, financial, or educational decisions, or any treatment records or records related to the management of the principal's affairs or supportive services;

(c)assist the principal with finding, obtaining, and making appointments for supportive services, and implement the principal's plans for supportive services;

(d)help the principal monitor information about the principal's affairs or supportive services, including tracking future necessary or recommended services;

(e)ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to others, and advocate to ensure that the wishes and decisions of the principal are implemented; or

(f)assist the principal with obtaining information to which the principal is entitled.

(3)A supporter may not:

(a)coerce, exploit, exert undue influence on, or make decisions on behalf of the principal;

(b)sign for the principal or provide an electronic signature of the principal to a third party;

(c)make health care decisions for the principal; or

(d)without the principal's consent:

(i)obtain information that is not reasonably related to matters with which the supporter is authorized to support or assist the principal pursuant to the supported decision-making agreement;

(ii)use information acquired in connection with the supported decision-making agreement for a purpose other than supporting or assisting the principal pursuant to the supported decision-making agreement; or

(iii)delegate the supporter's duties to a third party.

Enacted by Chapter 533 , 2025 General Session