Utah 2024 Regular Session

Utah House Bill HB0197

Introduced
1/16/24  
Refer
1/30/24  
Report Pass
2/5/24  
Engrossed
2/15/24  
Refer
2/16/24  
Report Pass
2/21/24  

Caption

Requirements for Supported Decision-making Agreements

Impact

The bill amends existing laws regarding guardianship and introduces provisions that clarify how supported decision-making agreements interact with court-ordered guardianships. By establishing clear guidelines, it seeks to improve the process by which individuals can receive assistance while maintaining their decision-making capabilities. The legislation also ensures protections for those who act in good faith based on the supported decision-making agreements, promoting a more supportive environment for individuals with disabilities.

Summary

House Bill 197, titled 'Requirements for Supported Decision-Making Agreements,' aims to provide a framework for supported decision-making arrangements that allow individuals, particularly those under guardianship, to make decisions with the help of designated supporters. The bill defines key terms, outlines the rights of individuals under guardianship, and establishes requirements for forming supported decision-making agreements. This legislation is intended to enhance individual autonomy and ensure that decisions made with support respect the preferences and needs of the individuals involved.

Sentiment

The overall sentiment surrounding HB 197 appears to be positive, particularly among advocates for disability rights and individual autonomy. Supporters have highlighted the importance of empowering individuals to participate actively in decisions about their lives, thus promoting dignity and respect. However, there may be some reserved concerns among those wary of how these arrangements will be monitored and enforced, particularly relating to potential abuses of power by supporters.

Contention

Notable points of contention include the balance between the autonomy granted to individuals and the potential risks associated with such support, particularly in situations where undue influence might be exerted. Critics could argue that without adequate oversight, the supported decision-making framework might inadvertently enable exploitation or mismanagement of individuals' choices. The bill aims to address these concerns by allowing the revocation and termination of agreements under specific conditions, but the effectiveness of these safeguards remains to be seen.

Companion Bills

No companion bills found.

Similar Bills

UT HB0334

Guardianships and Supported Decision-Making Agreements Amendments

AZ SB1291

Conservatorship; guardianship; policies; procedures

AZ HB2751

Supported decision-making; supporter obligations

AZ HB2174

Supported decision-making; supporter obligations

IN SB0018

Various probate matters.

TX SB39

Relating to estates and to guardianships, substitutes for guardianships, and durable powers of attorney for persons with disabilities or who are incapacitated.

TX SB1650

Relating to durable powers of attorney and the construction of certain powers conferred in those durable powers of attorney.

TX HB3562

Relating to durable powers of attorney and the construction of certain powers conferred in those durable powers of attorney.