HB105 Alabama 2023 Session

Summary

Primary Sponsor

Cynthia Lee AlmondAlabama Public Service Commission

Republican

Session

Regular Session 2023

Title

Relating to guardianships and conservatorships; to create the Colby Act; to provide for a supported decision-making agreement as an alternative to a guardianship or conservatorship; and to provide the scope and limitations of a supported decision-making agreement.

Summary

HB105 creates the Colby Act, allowing adults to use a supported decision-making agreement instead of guardianships or conservatorships, with rules for supporters and how decisions are made.

What This Bill Does

The bill adds a new option for adults to get help from supporters to make life decisions without giving up their self-determination. It defines terms like supported decision-making, supporters, and supported decision-making agreements, and sets rules for voluntary participation, understanding, revocation, and limits. It also outlines supporters' duties, prohibits certain actions, and explains how the agreement interacts with guardianships or powers of attorney, plus when the agreement ends and how it can be challenged or continued by courts.

Who It Affects

• Adults with disabilities or others who could otherwise be subject to guardianship or conservatorship, who may choose a supported decision-making agreement instead.
• Interested individuals who would serve as supporters, agreeing to assist and advise the adult in decision-making under the agreement.

Key Provisions

• Establishes the Colby Act as the framework for a supported decision-making agreement to replace guardianship or conservatorship when appropriate.
• Defines terms: supported decision-making, supported decision-making agreement, and supporter.
• Requires that entering into a supported decision-making agreement be voluntary and understanding the nature and effect of the agreement, and allows the adult to revoke the agreement at any time.
• Requires the agreement to be in writing, dated, signed by the adult (in the presence of a notary), include at least one supporter, describe the supports to be provided, and obtain a separate written consent from each supporter detailing their relationship, willingness to act, and duties.
• Allows appointing more than one supporter and an alternate, and may authorize information sharing among supporters; allows the agreement to be executed if the adult is under a limited guardianship or conservatorship, with the guardian/conservator involved as required.
• Outlines supporters' duties: support the adult's will, act honestly and within the agreement's scope, avoid conflicts of interest, and promptly notify the adult of resignation; supporters are fiduciaries and must cooperate with the adult.
• Prohibits supporters from exerting undue influence, receiving fees, gathering information for non-decision purposes, or sharing nonpublic personal information without consent; allows acting within a power of attorney if expressly authorized.
• Treats a request or decision made with support as the adult's own for legal purposes; provides presumptions of validity and protections for those relying in good faith on the agreement.
• Describes termination conditions: death, revocation, withdrawal without successor, court finding of incapacity or misuse, or court appointment of a guardian/conservator with possible continued or limited integration of the agreement.
• Preserves validity unless actual knowledge shows invalid execution; requires reporting of suspected abuse, neglect, or exploitation to appropriate authorities.
• Effective date: becomes law on the first day of the third month after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.