Utah 2023 Regular Session

Utah House Bill HB0510

Introduced

2/21/23

Refer

2/23/23

Report Pass

3/1/23

Failed

3/3/23

Caption

Requirements for Supported Decision-making Agreements

Impact

The legislation aims to change how individuals with disabilities navigate decision-making processes, promoting alternatives to guardianship that may be overly restrictive. By formally recognizing supported decision-making agreements, HB 510 provides legal protections and clarifies the roles and responsibilities of supporters, reinforcing the right of individuals to make choices regarding their lives. These changes are expected to positively impact how support is provided, giving greater agency to individuals who might otherwise feel marginalized in their decision-making capabilities.

Summary

House Bill 510 establishes a legal framework for supported decision-making agreements, which are designed to empower individuals with disabilities to make their own decisions with the assistance of designated supporters. The bill defines key terms, outlines the requirements for creating such agreements, and specifies the duties of supporters, ensuring that the principal retains autonomy over their decisions. It emphasizes the importance of allowing individuals to exercise their rights while receiving assistance in a manner that respects their self-determination and personal choices.

Contention

However, there are potential concerns regarding the implementation of this bill, particularly in contexts where the authority of guardians or conservators is involved. Critics may argue that while the intention is to enhance individual autonomy, there could be cases where undue influence from supporters compromises the integrity of the decision-making process. Additionally, the requirement for agreements to be written and notarized may pose accessibility challenges for some individuals. Hence, discussions around the effectiveness of these agreements versus traditional forms of support and guardianship may arise as legislative debates continue.