75-5-708. Impact of supported decision-making agreement.
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/ut/title-75/chapter-5/75-5-708A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
75-5-708. Impact of supported decision-making agreement.
(1)A decision or request made or communicated by a principal with the assistance of a supporter in accordance with the terms of a supported decision-making agreement and this part shall, for the purposes of any provision of law, be recognized as the decision or request of the principal and may be enforced on the same basis as a decision or request of the principal without support.
(2)The availability of a supported decision-making agreement does not limit the informal use of supported decision making, or preclude judicial consideration of informal supported decision-making arrangements as a less restrictive alternative to a guardianship or conservatorship.
(3)Execution of a supported decision-making agreement may not be a condition of participating in any activity, service, or program.
(4)A court may not consider an individual's execution of a supported decision-making agreement as evidence of the individual's incapacity.
(5)The existence of a supported decision-making agreement does not preclude the principal from acting independently of the supported decision-making agreement.
Enacted by Chapter 533 , 2025 General Session