(a) An adult with a disability may voluntarily enter into one or more supported decision-making agreements under which the adult with a disability may authorize a supporter to do any of the following:
(1) Provide supported decision-making;
(2) Be present during the supported decision-making process, when requested by the supported person; or
(3) In the presence of the supported person, assist the supported person in:
(A) Obtaining information that is relevant to a given life decision from any person; provided, that the supporter shall keep any information obtained under this paragraph confidential; or
(B) Communicating the supported person's decisions to others.
(b) A supporter acting pursuant to a supported decision-making agreement may exercise only the authority expressly granted to the supporter in the supported decision-making agreement.
(c)(1) If a law or regulation requires a person or a District agency to give notice to a supported person, and the person or District agency that is required to give the notice has received a supported decision-making agreement from the supported person, the person or District agency shall also provide the supporter with a copy of the notice required by law or regulation to be given to the supported person, unless the person or District agency has substantial cause to believe that the supported person is an adult in need of protective services.
(2) If a law or regulation requires a person or District agency to give notice to a supported person that contains information protected by federal or District law, such as medical records or educational records, paragraph (1) of this subsection shall not apply unless the supported decision-making agreement contains a release authorizing the supporter to obtain the protected information.
(d) A person or a District agency who receives a supported decision-making agreement shall rely on the agreement, unless the person or District agency has substantial cause to believe that the supported person is an adult in need of protective services.
(e) Neither a person nor a District agency shall be subject to criminal or civil liability, nor shall a person be considered to have engaged in professional misconduct, for an act or omission done in good faith and in reasonable reliance on a supported decision-making agreement.
(f) If a District employee or a caregiver, who is aware of the existence of a supported decision-making agreement, has a reasonable belief that the supported person is an adult in need of protective services, the District employee or caregiver shall report the alleged abuse, neglect, or exploitation to the Citywide Call Center at 311, Metropolitan Police Department at 911, Adult Protective Services at (202) 541-3950, or a District agency where the supported person receives services.
(May 5, 2018, D.C. Law 22-93, § 303, 65 DCR 2823.)