N.D. Cent. Code § 30.1-36-01

Current through 2023 Legislative Sessions
Section 30.1-36-01 - Definitions

As used in this chapter:

1. "Intentional misconduct" means conduct by a supporter with actual knowledge at the time of the conduct that the conduct is unnecessarily harmful to the health or well-being of a named individual.
2. "Named individual" is the individual identified in a supported decisionmaking agreement who is to receive decisionmaking assistance.
3. "Supported decisionmaking" means assistance from a person of a named individual's choosing:
a. To identify, collect, and organize documents that apply to a decision the named individual is considering;
b. To identify, collect, and organize information that may be helpful to the named individual when making a decision;
c. To help the named individual understand documents;
d. To identify choices available for a responsible decision;
e. To identify advantages and disadvantages of available choices;
f. To communicate any decision by the named individual to others at the request of the named individual; or
g. To explain the decisionmaking process allowed under this subsection to the court in any proceeding to create or modify a guardianship or conservatorship for the named individual.
4. "Supported decisionmaking agreement" means a written, signed, dated, and witnessed understanding between a named individual and a trusted adult who agrees to provide assistance for decisionmaking to maximize the named individual's ability to make informed, voluntary choices, including choices within:
a. Health care.
b. Residence.
c. Finances.
d. Education.
e. Legal affairs.
f. Vocation.
5. "Supporter" is a person that has signed a supported decisionmaking agreement, agreeing to provide assistance to the named individual.

N.D.C.C. § 30.1-36-01

Added by S.L. 2019, ch. 276 (HB 1378),§ 1, eff. 8/1/2019.