NRS: CHAPTER 162C - SUPPORTED DECISION-MAKING ACT

[Rev. 6/29/2024 3:07:54 PM--2023]

CHAPTER 162C - SUPPORTED DECISION-MAKING ACT

GENERAL PROVISIONS

NRS 162C.010 Short title.

NRS 162C.020 Definitions.

NRS 162C.030 “Adult” defined.

NRS 162C.040 “Affairs” defined.

NRS 162C.045 “Electronic” defined.

NRS 162C.050 “Person” defined.

NRS 162C.060 “Principal” defined.

NRS 162C.063 “Record” defined.

NRS 162C.067 “Sign” defined.

NRS 162C.070 “Support services” defined.

NRS 162C.080 “Supported decision-making agreement” defined.

NRS 162C.090 “Supporter” defined.

NRS 162C.100 Purpose; interpretation.

FORMATION, TERMINATION AND AUTHORITY

NRS 162C.200 Formation and termination of supported decision-making agreement.

NRS 162C.210 Authority of supporter; prohibited acts by supporter.

NRS 162C.220 Authority of supporter to assist principal with obtaining certain information.

MISCELLANEOUS PROVISIONS

NRS 162C.300 Prohibition against using supported decision-making agreement as certain evidence at trial; adult authorized to act independently of supported decision-making agreement.

NRS 162C.310 Effect of decision or request by principal with assistance of supporter.

NRS 162C.320 Acceptance and reliance upon supported decision-making agreement.

NRS 162C.330 Duty to report abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person.

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GENERAL PROVISIONS

NRS 162C.010 Short title. This chapter may be cited as the Supported Decision-Making Act.

(Added to NRS by 2019, 460)

NRS 162C.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 162C.030 to 162C.090, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 460)

NRS 162C.030 “Adult” defined. “Adult” means a natural person who is 18 years of age or older.

(Added to NRS by 2019, 460)

NRS 162C.040 “Affairs” defined. “Affairs” means personal, health care or financial matters arising in the course of activities of daily living, including, without limitation:

1. Matters in which an adult makes decisions relating to his or her health, including, without limitation:

(a) Monitoring the adult’s health;

(b) Obtaining, scheduling and coordinating health and support services;

(d) Making personal decisions to provide for the adult’s care and comfort.

2. Financial matters in which an adult manages his or her income and assets and the use thereof for clothing, support, care, comfort, education, shelter or the payment of his or her liabilities.

(Added to NRS by 2019, 460)

NRS 162C.045 “Electronic” defined. “Electronic” has the meaning ascribed to it in NRS 162A.050.

(Added to NRS by 2009, 175)—(Substituted in revision for part of NRS 162A.050)

NRS 162C.050 “Person” defined. “Person” means a natural person, health care facility, provider of health care, corporation, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(Added to NRS by 2019, 460)

NRS 162C.060 “Principal” defined. “Principal” means an adult who seeks to enter, or has entered, into a supported decision-making agreement with one or more supporters pursuant to this chapter.

(Added to NRS by 2019, 460)

NRS 162C.063 “Record” defined. “Record” has the meaning ascribed to it in NRS 162A.130.

(Added to NRS by 2009, 175)—(Substituted in revision for part of NRS 162A.130)

NRS 162C.067 “Sign” defined. “Sign” has the meaning ascribed to it in NRS 162A.140.

(Added to NRS by 2009, 175)—(Substituted in revision for part of NRS 162A.140)

NRS 162C.070 “Support services” defined. “Support services” means a coordinated system of social and other services that are supplied by private, state as defined in NRS 162A.150, institutional or community providers and are designed to help maintain the independence of an adult, including, without limitation:

1. Homemaker services, such as house repair, cleaning, laundry, shopping and providing meals.

2. Companion services, such as transportation and the facilitation of written, oral and electronic communication.

3. Medical services.

4. Visiting nurse and attendant care.

5. Physical and psychosocial assessments.

6. Financial assessments and advisement relating to banking, taxes, loans, investments or the management of real property.

7. Legal assessments and advisement.

8. Educational services, including, without limitation, educational assessments and advisement.

9. Personal care services, including, without limitation, assistance with daily activities such as bathing, dressing and eating.

10. Care planning.

11. Residential, employment or day program services and supports, including, without limitation, training or career planning.

12. Other services necessary to maintain the independence of an adult.

(Added to NRS by 2019, 460)

NRS 162C.080 “Supported decision-making agreement” defined. “Supported decision-making agreement” means an agreement between a principal and one or more supporters that is entered into pursuant to this chapter.

(Added to NRS by 2019, 461)

NRS 162C.090 “Supporter” defined. “Supporter” means a person who is named in a supported decision-making agreement to provide specified assistance to a principal.

(Added to NRS by 2019, 461)

NRS 162C.100 Purpose; interpretation.

1. The purpose of this chapter is to:

(a) Provide person-centered and directed assistance to an adult with a disability to gather and assess information, make informed decisions and communicate decisions;

(b) Give supporters legal status to be with such an adult and participate in discussions with others when the adult is making decisions or attempting to obtain information; and

(c) Enable supporters to assist in making and communicating decisions for such an adult but not substitute as the decision-maker for the adult.

2. This chapter must be interpreted in accordance with the following principles:

(a) An adult should be able to live in the manner in which he or she wishes and to accept or refuse support, assistance or protection as long as the adult does not harm others and is capable of making decisions about such matters;

(b) An adult should be able to be informed about and, to the best of his or her ability, participate in the management of his or her affairs;

(c) An adult should receive the most effective, yet least restrictive and intrusive, form of support, assistance or protection when the adult is unable to manage his or her affairs alone; and

(d) The values, beliefs, wishes, cultural norms and traditions that an adult holds should be respected in managing his or her affairs.

(Added to NRS by 2019, 461)

FORMATION, TERMINATION AND AUTHORITY

NRS 162C.200 Formation and termination of supported decision-making agreement.

1. An adult may enter into a supported decision-making agreement at any time if the adult:

(a) Enters into the agreement voluntarily and without coercion or undue influence; and

(b) Understands the nature and effect of the agreement.

2. A supported decision-making agreement must:

(a) Be in writing;

(b) Be dated;

(d) List the types of decisions with which the supporter is authorized to assist the principal;

(e) List the types of decisions, if any, with which the supporter is not authorized to assist the principal; and

(f) Be signed by each party to the agreement in the presence of at least two adult witnesses.

3. A principal or a supporter may terminate a supported decision-making agreement at any time, either verbally or in writing, and with notice to the other parties to the agreement.

(Added to NRS by 2019, 461)

NRS 162C.210 Authority of supporter; prohibited acts by supporter.

1. Except as otherwise provided in a supported decision-making agreement and subsection 2, a supporter may do all of the following:

(a) Assist the principal in understanding information, options, responsibilities and consequences of the principal’s life decisions, including, without limitation, decisions relating to the principal’s affairs or supportive services.

(b) Help the principal access, obtain and understand any information that is relevant to any given life decision, including, without limitation, medical, psychological, financial or educational decisions, or any treatment records or records necessary to manage the principal’s affairs or support services.

(c) Assist the principal in finding, obtaining, making appointments for and implementing the principal’s support services or plans for support services.

(d) Help the principal monitor information about the principal’s affairs or support services, including, without limitation, keeping track of future necessary or recommended services.

(e) Ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented.

2. A supporter is prohibited from doing any of the following:

(a) Exerting undue influence upon, or making decisions on behalf of, the principal.

(b) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist the principal pursuant to the supported decision-making agreement.

(c) Using, without the consent of the principal, information acquired for a purpose other than assisting the principal to make a decision pursuant to the supported decision-making agreement.

3. A supporter shall act with the care, competence and diligence ordinarily exercised by persons in similar circumstances, with due regard to the supporter’s possession or lack of special skills or expertise.

(Added to NRS by 2019, 462)

NRS 162C.220 Authority of supporter to assist principal with obtaining certain information.

1. In addition to the activities set forth in NRS 162C.210, a supporter may assist the principal with obtaining any information to which the principal is entitled, including, without limitation, a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, or educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

2. A supporter shall ensure that all information collected on behalf of a principal pursuant to this section is:

(a) Kept privileged and confidential, as applicable;

(b) Not subject to unauthorized access, use or disclosure; and

(Added to NRS by 2019, 462)

MISCELLANEOUS PROVISIONS

NRS 162C.300 Prohibition against using supported decision-making agreement as certain evidence at trial; adult authorized to act independently of supported decision-making agreement. The existence of a supported decision-making agreement that is entered into by an adult and one or more supporters pursuant to this chapter may not be used as evidence of the adult’s incapacity, as defined in NRS 162A.070, and does not preclude the ability of the adult to act independently of the agreement.

(Added to NRS by 2019, 462)

NRS 162C.310 Effect of decision or request by principal with assistance of supporter. A decision or request made or communicated by a principal with the assistance of a supporter in accordance with this chapter must, for the purposes of any provision of law, be recognized as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same basis as a decision or request of the principal.

(Added to NRS by 2019, 463)

NRS 162C.320 Acceptance and reliance upon supported decision-making agreement. Any person who is not a party to a supported decision-making agreement, including, without limitation, a provider of health care or provider of financial services, that in good faith, as defined in NRS 162A.060, accepts a supported decision-making agreement:

1. Without actual knowledge that any of the signatures thereon is not genuine may rely upon the presumption that such a signature is genuine.

2. Without actual knowledge that the supported decision-making agreement or the purported supporter’s authority is void, invalid or terminated may rely upon the supported decision-making agreement as if the agreement and supporter’s authority are genuine, valid and still in effect.

3. Is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the supported decision-making agreement or for following the direction of a supporter named in the supported decision-making agreement.

(Added to NRS by 2019, 463)

NRS 162C.330 Duty to report abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person.

1. The provisions of this chapter must not be construed to affect the requirement of any person to report the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person as provided in NRS 200.5091 to 200.50995, inclusive.

2. As used in this section, the words and terms defined in NRS 200.5091 to 200.50995, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 463; A 2023, 1406)