24-7D-6: Supporter duties and authority; supporter prohibitions.

A. A supporter shall:

(1) act in good faith;

(2) act with the care, competence and diligence ordinarily exercised by a reasonable person in similar circumstances;

(3) act only within the scope of authority granted in the supported decision-making agreement;

(4) not engage in self-dealing;

(5) support the will and preference of the decision-maker rather than the supporter's opinion of the decision-maker's best interests;

(6) not receive compensation as a result of the supporter's duties under a supported decision-making agreement; and

(7) stop serving as a supporter if the supporter questions the capacity of the decision-maker to continue making decisions.

B. In the absence of an applicable power of attorney a supporter is prohibited from:

(1) making decisions on behalf of the decision-maker;

(2) signing legal documents on behalf of the decision-maker;

(3) binding the decision-maker to a legal agreement;

(4) obtaining, without the consent of the decision-maker, information that is not reasonably related to matters with which the supporter is authorized to assist pursuant to the supported decision-making agreement; and

(5) using, without the consent of the decision-maker, information acquired for a purpose other than assisting the decision-maker to make a decision under the supported decision-making agreement.