Supported Decision-Making Act
New Mexico · Health and Safety · §§ 24-7D-1 to 24-7D-9 · 14 sections
Overview
The act establishes a legal framework under which an adult may voluntarily enter a written agreement authorizing one or more supporters to help them understand, make, and communicate decisions about their own affairs, rather than transferring decision-making authority to someone else. It governs how such an agreement is formed and terminated, what a supporter may and may not do — including assisting the adult in obtaining information relevant to a decision — and how third parties may accept and rely on the agreement, while treating a decision or request made with a supporter's assistance as the adult's own. It also restricts the use of the agreement as evidence at trial, preserves the adult's ability to act independently of it, and imposes a duty to report abuse, neglect, exploitation, isolation, or abandonment of older or vulnerable persons.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- § 24-7D-1 NMSA 1978Short title
- § 24-7D-10 NMSA 1978Third party reliance on supported decision-making agreement
- § 24-7D-11 NMSA 1978Recognition of decisions made with assistance of supporter
- § 24-7D-12 NMSA 1978Term of supported decision-making agreement; termination or revocation of agreement
- § 24-7D-13 NMSA 1978Reporting of suspected abuse, neglect or exploitation
- § 24-7D-14 NMSA 1978Supported decision-making program; created; program duties
- § 24-7D-2 NMSA 1978Definitions
- § 24-7D-3 NMSA 1978Supported decision-making agreements; scope of agreements
- § 24-7D-4 NMSA 1978Supported decision-making agreement requirements
- § 24-7D-5 NMSA 1978Presumption of capacity
- § 24-7D-6 NMSA 1978Supporter duties and authority; supporter prohibitions
- § 24-7D-7 NMSA 1978Supporter disqualifications
- § 24-7D-8 NMSA 1978Access to personal information
- § 24-7D-9 NMSA 1978Decision-maker access to personal information
Enacted in other states
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