RSA 464-D:7 · Form and Content of Valid Agreement

464-D:7 Form and Content of Valid Agreement. –

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I.

In order to be valid under this chapter, a supported decision-making agreement shall include all of the following:

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(a)

Designation of at least one supporter.

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(b)

A description of the types of decisions for which the supporter is authorized to assist.

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(c)

A description of the types of decisions, if any, for which the supporter may not assist.

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II.

A supported decision-making agreement may include any of the following:

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(a)

Designation of more than one supporter.

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(b)

Provision for an alternate supporter to act in place of a supporter in circumstances specified in the agreement.

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(c)

Authorization for a supporter to share information with any other person, including another supporter.

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III.

A supported decision-making agreement is only valid if all of the following occur:

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(a)

The agreement is in a writing that contains the elements of the form contained in RSA 464-D:16.

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(b)

The agreement is dated.

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(c)

The agreement is signed in the presence of 2 adult witnesses, or before a notary public, justice of the peace, or commissioner of deeds.

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(d)

Each party to the agreement has signed the agreement voluntarily and with an understanding of the nature and effect of the agreement.

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IV.

The 2 adult witnesses required by subparagraph III(c) may not be any of the following:

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(a)

A supporter named in the agreement.

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(b)

An employee or agent of a supporter named in the agreement.

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(c)

A paid provider of services to the principal, unless the person is an immediate family member.

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(d)

Any person who does not understand the type of communication the principal uses, unless an individual who understands the principal's means of communication is present to assist during the execution of the supported decision-making agreement.

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V.

A supported decision-making agreement shall contain a separate declaration signed by each supporter named in the agreement indicating all of the following:

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(a)

The supporter's relationship to the principal.

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(b)

The supporter's willingness to act as a supporter.

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(c)

The supporter's acknowledgment of the role of a supporter under this chapter. Source. 2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021. 2023, 15:1, eff. July 3, 2023.

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