Ind. Code ch. 29-3-14

in effect

Ind. Code § 29-3-14-1 "Supported decision making"

Sec. 1. As used in this chapter, "supported decision making" refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-2 "Supported decision making agreement"

Sec. 2. As used in this chapter, "supported decision making agreement" means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-3 "Supporter"

Sec. 3. As used in this chapter, "supporter" means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult's supported decision making agreement. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-4 Supported decision making agreements; execution and revocation

Sec. 4. (a) An adult may not enter into a supported decision making agreement unless the adult: (1) enters into the agreement voluntarily and without coercion or undue influence; and (2) understands the nature and effect of the agreement. (b) An adult may make, change, or revoke a supported decision making agreement even if the adult does not have the capacity to independently manage the adult's own health care, legal matters, or financial affairs. (c) A court may not consider an adult's execution of a supported decision making agreement as evidence of incapacity. The existence of an executed supported decision making agreement does not preclude the adult from acting independently of the supported decision making agreement. (d) An adult may not enter into a supported decision making agreement under this section if the agreement supplants the authority of a guardian of the adult, unless the guardian consents in writing to the adult entering into the supported decision making agreement. As added by P.L.68-2019, SEC.4.

Ind. Code § 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.

Ind. Code § 29-3-14-6 Communication of a request or decision

Sec. 6. A request or decision made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized as the request or decision of the adult for the purposes of any provision of law. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-7 Supported decision making agreements; requirements

Sec. 7. (a) A supported decision making agreement must: (1) name at least one (1) supporter; (2) describe the decision making assistance that each supporter may provide to the adult and how supporters may work together; and (3) if appropriate, be executed by the adult's guardian. (b) A supported decision making agreement may: (1) appoint more than one (1) supporter; (2) appoint an alternate to act in the place of a supporter under circumstances specified in the agreement; or (3) authorize a supporter to share information with any other supporter or others named in the agreement. (c) A supported decision making agreement must be: (1) in writing; (2) dated; and (3) signed by the adult in the presence of a notary. (d) A supported decision making agreement must contain a separate consent signed by each supporter named in the agreement indicating the supporter's: (1) relationship to the adult; (2) willingness to act as a supporter; and (3) acknowledgment of the duties of a supporter. (e) An adult who meets the requirements to enter into a supported decision making agreement under section 4 of this chapter may sign a supported decision making agreement in any manner, including electronic signature, permitted under IC 30-5-4-1(b) or IC 30-5-11-4(a). As added by P.L.68-2019, SEC.4. Amended by P.L.185-2021, SEC.14.

Ind. Code § 29-3-14-8 Revocation of supported decision making agreements

Sec. 8. An adult may revoke a supported decision making agreement at any time. A revocation under this section must be in writing, and a copy of the revocation must be provided to each supporter. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-9 Termination of supported decision making agreements

Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations: (1) The adult subject of the supported decision making agreement dies. (2) The adult subject of the supported decision making agreement revokes the agreement under section 8 of this chapter. (3) The named supporters withdraw their participation without naming successor supporters. (4) A court of competent jurisdiction determines that the adult does not have capacity to execute or consent to a supported decision making agreement. (5) A court of competent jurisdiction determines that a supporter has used the supported decision making agreement to commit: (A) financial exploitation; (B) abuse; or (C) neglect; of the adult. (6) A court of competent jurisdiction appoints a temporary or permanent guardian for the person or property of the adult, unless the court's order of appointment: (A) expressly modifies but continues the supported decision making agreement; and (B) limits the powers and duties of the guardian. (7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision making agreement. (b) The court may enter an order under subsection (a)(4), (a)(5), and (a)(6) only after notice and a hearing to the adult and all supporters named in the agreement. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-10 Presumption of validity

Sec. 10. A supported decision making agreement that complies with section 7 of this chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision making agreement was not validly executed. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-11 Immunity; exception

Sec. 11. (a) Except as provided in subsection (c), a person who, in good faith, relies on an authorization in a supported decision making agreement or who, in good faith, declines to honor an authorization in a supported decision making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct. (b) Except as provided in subsection (c), a supporter who performs supported decision making in good faith as specified in a supported decision making agreement is immune from civil or criminal liability resulting from the adult's decision. (c) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or willful or wanton misconduct. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-12 Meaning and effect of supported decision making agreement

Sec. 12. The meaning and effect of a supported decision making agreement is determined by the law of the jurisdiction in which the supported decision making agreement was executed, unless the supported decision making agreement provides otherwise. As added by P.L.68-2019, SEC.4.

Ind. Code § 29-3-14-13 Reporting of abuse or neglect

Sec. 13. A person who: (1) receives a copy of a supported decision making agreement; or (2) is aware of the existence of a supported decision making agreement; and reasonably believes that an adult is being abused, neglected, or exploited must report the alleged abuse, neglect, or exploitation to adult protective services or another authorized law enforcement agency. As added by P.L.68-2019, SEC.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/29Fetched: 10/17/2026