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Ala. Code § 26-1B-7

Revocation of a Supported Decision-Making Agreement.

Known as the Colby Act

The act spans §§ 26–26 (10 sections).

(Act 2023-134, §7.)

(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter.

(b) Except as provided in the supported decision-making agreement, a supported decision-making agreement terminates in each the following situations:

(1) The adult who is the subject of the supported decision-making agreement dies.

(2) The adult who is the subject of the supported decision-making agreement revokes the agreement under subsection (a).

(3) All of the named supporters withdraw their participation without arranging for successor supporters approved by the adult.

(4) A court of competent jurisdiction determines that the adult does not have the capacity to execute or consent to a supported decision-making agreement.

(5) A court of competent jurisdiction determines that a supporter has used the supported decision-making agreement to financially exploit, abuse, or neglect the adult.

(6) A court of competent jurisdiction appoints a temporary or permanent guardian or conservator for the person or property of the adult, unless the court’s order of appointment does each of the following:

a. Expressly modifies, but continues, the supported decision-making agreement alongside a partial guardianship or conservatorship.

b. Limits the powers and duties of the guardian or conservator.

(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision-making agreement.

(c) The court may enter an order pursuant to subdivision (b)(4), (b)(5), or (b)(6) only after providing notice and a hearing to the adult and all supporters named in the agreement.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.