                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE DEPARTMENT RELATED TO SUPPORTED DECISION-MAKING
AGREEMENTS; REPORT (§ 37.2-314.3)

A. As used in this section:
			&#8220;Principal&#8221; means an adult with an intellectual or developmental
disability who seeks to enter or has entered into a supported decision-making
agreement with a supporter.
			&#8220;Supported decision-making agreement&#8221; means an agreement between
a principal and a supporter that sets out the specific terms of support to be
provided by the supporter, including (i) helping the principal monitor and
manage his medical, financial, and other affairs; (ii) assisting the principal
in accessing, obtaining, and understanding information relevant to decisions
regarding his affairs; (iii) assisting the principal in understanding
information, options, responsibilities, and consequences of decisions; and (iv)
ascertaining the wishes and decisions of the principal regarding his affairs,
assisting in communicating such wishes and decisions to other persons, and
advocating to ensure the wishes and decisions of the principal are implemented.
			&#8220;Supporter&#8221; means a person who has entered into a supported
decision-making agreement with a principal.

B. The Department shall develop and implement a program to educate individuals
with intellectual and developmental disabilities, their families, and others
regarding the availability of supported decision-making agreements, the process
by which an individual with an intellectual or developmental disability may
enter into a supported decision-making agreement with a supporter, and the
rights and responsibilities of principals and supporters who are parties to a
supported decision-making agreement. Such program shall include (i) specific
training opportunities for individuals with intellectual and developmental
disabilities and who seek to enter into supported decision-making agreements,
individuals interested in serving as supporters pursuant to supported
decision-making agreements, family members of principals and individuals with
intellectual and developmental disabilities who seek to enter into supported
decision-making agreements, and members of the medical, legal, and financial
professions and other individuals who provide services to individuals with
intellectual and developmental disabilities who may enter into supported
decision-making agreements and (ii) development of model supported
decision-making agreements for individuals who seek to enter into supported
decision-making agreements. Such program shall also include development of
information about and protocols for preventing, identifying, and addressing
abuse and exploitation of individuals with intellectual and developmental
disabilities who enter into supported decision-making agreements.

C. The Department shall collect data regarding the utilization of supported
decision-making agreements in the Commonwealth to guide the development of
policies and programs to enhance the use of supported decision-making agreements
and shall report such information together with recommendations to enhance the
utilization of supported decision-making agreements annually to the Governor and
the General Assembly by November 1.

HISTORY: 2021, Sp. Sess. I, c. 232.