<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>85328</law_id><section_number>37.2-314.3</section_number><catch_line>Powers and duties of the Department related to supported decision-making agreements; report</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>64.2-2000</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="37.2">Behavioral Health and Developmental Services</unit><unit label="subtitle" level="2" order_by="1" identifier="I">General Provisions</unit><unit label="chapter" level="3" order_by="1" identifier="3">Department of Behavioral Health and Developmental Services</unit><unit label="article" level="4" order_by="1" identifier="1">The Department and the Commissioner</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> As used in this section:
			&#x201C;<span class="dictionary">Principal</span>&#x201D; means an adult with an intellectual or <span class="dictionary">developmental disability</span> who seeks to enter or has entered into a <span class="dictionary">supported decision-making agreement</span> with a <span class="dictionary">supporter</span>.
			&#x201C;<span class="dictionary">Supported decision-making agreement</span>&#x201D; means an agreement between a <span class="dictionary">principal</span> and a <span class="dictionary">supporter</span> that sets out the specific terms of support to be provided by the <span class="dictionary">supporter</span>, including (i) helping the <span class="dictionary">principal</span> monitor and manage his medical, financial, and other affairs; (ii) assisting the <span class="dictionary">principal</span> in accessing, obtaining, and understanding information relevant to decisions regarding his affairs; (iii) assisting the <span class="dictionary">principal</span> in understanding information, options, responsibilities, and consequences of decisions; and (iv) ascertaining the wishes and decisions of the <span class="dictionary">principal</span> regarding his affairs, assisting in communicating such wishes and decisions to other persons, and advocating to ensure the wishes and decisions of the <span class="dictionary">principal</span> are implemented.
			&#x201C;<span class="dictionary">Supporter</span>&#x201D; means a person who has entered into a <span class="dictionary">supported decision-making agreement</span> with a <span class="dictionary">principal</span>. <a id="paragraph-305703" class="section-permalink" href="https://vacode.org/37.2-314.3/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The <span class="dictionary">Department</span> shall develop and implement a program to educate <span class="dictionary">individuals</span> with intellectual and developmental disabilities, their families, and others regarding the availability of <span class="dictionary">supported decision-making agreements</span>, the process by which an <span class="dictionary">individual</span> with an intellectual or <span class="dictionary">developmental disability</span> may enter into a <span class="dictionary">supported decision-making agreement</span> with a <span class="dictionary">supporter</span>, and the rights and responsibilities of <span class="dictionary">principals</span> and <span class="dictionary">supporters</span> who are parties to a <span class="dictionary">supported decision-making agreement</span>. Such program shall include (i) specific training opportunities for <span class="dictionary">individuals</span> with intellectual and developmental disabilities and who seek to enter into <span class="dictionary">supported decision-making agreements</span>, <span class="dictionary">individuals</span> interested in serving as <span class="dictionary">supporters</span> pursuant to <span class="dictionary">supported decision-making agreements</span>, <span class="dictionary">family members</span> of <span class="dictionary">principals</span> and <span class="dictionary">individuals</span> with intellectual and developmental disabilities who seek to enter into <span class="dictionary">supported decision-making agreements</span>, and members of the medical, legal, and financial professions and other <span class="dictionary">individuals</span> who provide services to <span class="dictionary">individuals</span> with intellectual and developmental disabilities who may enter into <span class="dictionary">supported decision-making agreements</span> and (ii) development of model <span class="dictionary">supported decision-making agreements</span> for <span class="dictionary">individuals</span> who seek to enter into <span class="dictionary">supported decision-making agreements</span>. Such program shall also include development of information about and protocols for preventing, identifying, and addressing <span class="dictionary">abuse</span> and exploitation of <span class="dictionary">individuals</span> with intellectual and developmental disabilities who enter into <span class="dictionary">supported decision-making agreements</span>. <a id="paragraph-305704" class="section-permalink" href="https://vacode.org/37.2-314.3/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The <span class="dictionary">Department</span> shall collect data regarding the utilization of <span class="dictionary">supported decision-making agreements</span> in the Commonwealth to guide the development of policies and programs to enhance the use of <span class="dictionary">supported decision-making agreements</span> and shall report such information together with recommendations to enhance the utilization of <span class="dictionary">supported decision-making agreements</span> annually to the Governor and the General Assembly by November 1. <a id="paragraph-305705" class="section-permalink" href="https://vacode.org/37.2-314.3/#C"><i class="fa fa-link"/></a></p></section></text><history>2021, Sp. Sess. I, c. 232.</history><metadata></metadata></law>
