2020 Indiana Code
Title 29. Probate
Article 3. Guardianships and Protective Proceedings
Chapter 14. Supported Decision Making
29-3-14-5. Supporter Responsibilities; Prohibited Acts
Sec. 5. (a) A supporter must:
(1) support the will and preference of the adult, and not the supporter's opinion of the adult's best interests;
(2) act honestly, diligently, and in good faith;
(3) act within the scope set forth in the adult's supported decision making agreement;
(4) avoid conflicts of interest; and
(5) notify the adult in writing of the supporter's intent to resign as a supporter.
(b) The relationship between an adult and a supporter is one of trust and confidence, and serves to preserve the decision making authority of the adult.
(c) A supporter is prohibited from:
(1) exerting undue influence upon the adult;
(2) receiving a fee for service related solely to services performed in the role of supporter;
(3) obtaining, without the consent of the adult, information acquired for a purpose other than assisting the adult in making a specific decision authorized by the supported decision making agreement;
(4) acting outside the scope of authority provided in the supported decision making agreement; or
(5) obtaining, without the consent of the adult, nonpublic personal information as defined in 15 U.S.C. 6809(4)(A).
(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, in order to communicate or implement decisions by the adult.
As added by P.L.68-2019, SEC.4.
