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Texas Estates Code - EST § 1357.056. Form of Supported Decision-Making Agreement

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Subject to Subsection (b), a supported decision-making agreement is valid only if it is in substantially the following form:

SUPPORTED DECISION-MAKING AGREEMENT

Important Information For Supporter:  Duties

When you agree to provide support to an adult with a disability under this supported decision-making agreement, you have a duty to:

(1) act in good faith;

(2) act within the authority granted in this agreement;

(3) act loyally and without self-interest;  and

(4) avoid conflicts of interest.

Appointment of Supporter

I, (insert your name), make this agreement of my own free will.

 

I agree and designate that:  ___________________________________________________________

 

Name:  _________________________________________________________________________________

Address:  ______________________________________________________________________________

Phone Number:  _________________________________________________________________________

E-mail Address:  _______________________________________________________________________

is my supporter.  My supporter may help me with making everyday life decisions relating to the following:

 

Y/N

obtaining food, clothing, and shelter

Y/N

taking care of my physical health

Y/N

managing my financial affairs.

My supporter is not allowed to make decisions for me.  To help me with my decisions, my supporter may:

1. Help me access, collect, or obtain information that is relevant to a decision, including medical, psychological, financial, educational, or treatment records;

2. Help me understand my options so I can make an informed decision;  or

3. Help me communicate my decision to appropriate persons.

    Y/N     A release allowing my supporter to see protected health information under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) is attached.

    Y/N     A release allowing my supporter to see educational records under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) is attached.

Effective Date of Supported Decision-Making Agreement

This supported decision-making agreement is effective immediately and will continue until (insert date) or until the agreement is terminated by my supporter or me or by operation of law.

Signed this ______ day of _________, 20___

Consent of Supporter

I, (name of supporter), consent to act as a supporter under this agreement.

 

_________________________________________________________________________________________________

(signature of supporter)

(printed name of supporter)

Signature

 

_________________________________________________________________________________________________

 

(my signature)

 (my printed name)

 

_________________________________________________________________________________________________

(witness 1 signature)

(printed name of witness 1)

 

_________________________________________________________________________________________________

(witness 2 signature)

(printed name of witness 2)

State of ____________________

County of ___________________

    This document was acknowledged before me on ____________________________ (date)

by ______________________________________________

and ______________________________________________

(name of adult with a disability)

(name of supporter)

__________________________________________________

(signature of notarial officer)

(Seal, if any, of notary) _________________________________________________________________________

(printed name)

My commission expires:  __________________________

WARNING:  PROTECTION FOR THE ADULT WITH A DISABILITY

IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT WWW.TXABUSEHOTLINE.ORG.

(b) A supported decision-making agreement may be in any form not inconsistent with Subsection (a) and the other requirements of this chapter.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 1357.056. Form of Supported Decision-Making Agreement - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1357-056/

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