Nevada 2019 Regular Session Status: Enacted

AB 480 — Enacts provisions governing supported decision-making agreements. (BDR 13-164)

Last action — Approved by the Governor. Chapter 85.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to written agreements; enacting provisions governing supported decision-making agreements; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

221 added · 234 removed

221 line(s) added, 234 removed.

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A.B.
Assembly Bill No.
480 A SSEMBLY BILL NO .
480–Committee on Judiciary CHAPTER..........
480–COMMITTEE ON UDICIARY (ON B EHALF OF THE LEGISLATIVE COMMITTEE ON SENIOR CITIZENS, VETERANS AND ADULTS W ITH SPECIAL NEEDS ) M ARCH 25, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Enacts provisions governing supported decision- making agreements.
(BDR 13-164) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
This bill establishes the Supported Decision-Making Act, which authorizes an adult with a disability to enter into a supported decision-making agreement in which he or she designates one or more supporters to provide assistance when authorizes an adult to enter into a supported decision-making agreement at anyill time if the adult enters into the agreement voluntarily and understands the nature and effect of the agreement.
This bill establishes the Supported Decision-Making Act, which authorizes an adult with a disability to enter into a supported decision-making agreement in which he or she designates one or more supporters to provide assistance when making decisions or engaging in certain other activities.
Section 12 of this bill if the adult enters into the agreement voluntarily and understands the nature andme effect of the agreement.
Sections 13 and 14 of this bill establish the activities in which a supporter is authorized to engSection 15 of this bill prohibits the existence of a supported decision-making agreement from being used as evidence of an adult’s incapacity.
Sections 13 and 14 of this bill establish the activities in which a supporter is authorized to engage.
Section 16 of this bill provides that a decision or request made or communicated by an adult with the assistance of a supporter must, for the purposes of any provision of law, be recognized as the decision or request of the adult.
Section 15 of this bill prohibits the existence of a supported decision-making bill provides that a decision or request made or communicated by an adult with the assistance of a supporter must, for the purposes of any provision of law, be recognized as the decision or request of the adult.
Section 17 of this bill authorizes any person who is not a party to a supported good faith and without knowledge of certain information affecting the validity ofin the agreement.
Section 17 of this bill authorizes any person who is not a party to a supported decision-making agreement to act in reliance on the agreement if the person acts in good faith and without knowledge of certain information affecting the validity of the Section 18 of this bill clarifies that the provisions of the Supported Decision- Making Act 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.
Section 18 of this bill clarifies that the provisions of the Supported Decision- Making Act must not be construed to affect the requirement of any person to report - *AB480* – 2 – the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sec.
- 80th Session (2019) – 2 – Sec.
and (d) Making personal decisions to provide for the adult’s care and comfort.
and and comfort.g personal decisions to provide for the adult’s care 2.
2.
- *AB480* – 3 – 1.
1.
Homemaker services, such as house repair, cleaning, laundry, shopping and providing meals.
Homemaker services, such as house repair, cleaning, lau2.ry,Companion services, such as transportation and the facilitation of written, oral and electronic communication.
2.
Companion services, such as transportation and the facilitation of written, oral and electronic communication.
10.
- 80th Session (2019) – 3 – 10.
“Supported decision-making agreement” means an agreement between a principal and one or more supporters that is entSec.
“Supported decision-making agreement” means an agreement between a principal and one or more supporters that is entered into pursuant to sections 2 to 18, inclusive, of this act.
10.
supported decision-making agreement to provide specified assistance to a principal.
“Supporter” means a person who is named in a this act.
Sec.
supported decision-making agreement to provide specified assSec.
1.a prThe purpose of sections 2 to 18, inclusive, of this act is to:
1.
The purpose of sections 2 to 18, inclusive, of this act is to:
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.
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.
- *AB480* – 4 – (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;
best of his or her ability, participate in the management of his or her affairs;
An adult may enter into a supported decision- making agreement at any time if the adult:
An adult may enter into a supported decision-making agreement at any time if the adult:
2.
- 80th Session (2019) – 4 – 2.
and (f) Be signed by each party to the agreement in the presence of at 3.astA principal or a supporter may terminate a supported decision-making agreement at any time, either verbally or in wriSec.
and (f) Be signed by each party to the agreement in the presence of at 3.asA 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.
Sec.
1.ith Except as otherwise provided in a supportedt.
1.
decision-making agreement and subsection 2, a supporter may do all of the following:
Except as otherwise provided in a supported decision-making agreement and subsection 2, a supporter may do all of the following:
(d) Help the principal monitor information about the principal’s affairs or support services, including, without - *AB480* – 5 – limitation, keeping track of future necessary or recommended services.
(d) Help the principal monitor information about the limitation, keeping track of future necessary or recommended services.
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(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.
- 80th Session (2019) – 5 – (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.
In addition to the activities set forth in section 13 of this act, a supporter may assist the principal with obtaining any information to which the principal is entitled, including, health information under the Health Insurance Portability andected Accountability Act of 1996, Public Law 104-191, as amended, or Privacy Act of 1974, 20 U.S.C.
In addition to the activities set forth in section of this act, a supporter may assist the principal with obtaining 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.
A decision or request made or communicated by a principal with the assistance of a supporter in accordance with sections 2 to 18, inclusive, of this act 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 - *AB480* – 6 – or equity on the same basis as a decision or request of the principal.
A decision or request made or communicated by a principal with the assistance of a supporter in accordance with provision of law, be recognized as the decision or request of thef any 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.
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.
Without actual knowledge that the supported decision- making agreement or the purported supporter’s authority is void, - 80th Session (2019) – 6 – 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.
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.
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.
H - *AB480*
~~~~~ 19 - 80th Session (2019)
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Action History

  1. Approved by the Governor. Chapter 85.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  8. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  9. Read second time.

  10. From committee: Do pass.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 480 do?
AN ACT relating to written agreements; enacting provisions governing supported decision-making agreements; and providing other matters properly relating thereto.
Who sponsors AB 480?
AB 480 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 480?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 480?
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