1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 3906 By: Hefner | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to supported decision-making; | | enacting the Oklahoma Supported Decision-Making Act; | 8| providing purpose; defining terms; providing how | | individual may enter into and terminate a supported | 9| decision-making agreement; authorizing supporter to | | assist in certain tasks; prohibiting supporter from | 10| committing certain acts; authorizing supporter to | | assist principal in obtaining certain information; | 11| prohibiting supported decision-making agreement to be | | used as certain evidence at trial; authorizing adult | 12| to act independently of the agreement; providing that | | a decision or request made may be enforced by the | 13| principal or supporter; authorizing persons to rely | | on certain presumptions; relieving certain persons of | 14| civil or criminal liability; providing that nothing | | shall affect the requirement to report abuse, | 15| neglect, exploitation, isolation, or abandonment; | | providing example form for a supported | 16| decision-making agreement; providing for | | codification; and providing an effective date. | 17| | | | 18| | | | 19| | | | 20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 21| SECTION 1. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 1451 of Title 10, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| | | | Req. No. 14502 Page 1 ___________________________________________________________________________
1| This act shall be known and may be cited as the "Oklahoma | | | 2|Supported Decision-Making Act". | | | 3| SECTION 2. NEW LAW A new section of law to be codified | | | 4|in the Oklahoma Statutes as Section 1452 of Title 10, unless there | | | 5|is created a duplication in numbering, reads as follows: | | | 6| A. The purpose of this act is to: | | | 7| 1. Provide person-centered and directed assistance to an adult | | | 8|with a disability to gather and assess information, make informed | | | 9|decisions, and communicate decisions; | | | 10| 2. Give supporters legal status to be with such an adult and | | | 11|participate in discussions with others when the adult is making | | | 12|decisions or attempting to obtain information; and | | | 13| 3. Enable supporters to assist in making and communicating | | | 14|decisions for such an adult but not substitute as the decision-maker | | | 15|for the adult. | | | 16| B. This act shall be interpreted in accordance with the | | | 17|following principles: | | | 18| 1. An adult should be able to live in the manner in which he or | | | 19|she wishes and to accept or refuse support, assistance, or | | | 20|protection as long as the adult does not harm himself, herself, or | | | 21|others and is capable of making decisions about such matters; | | | 22| 2. An adult should be able to be informed about and, to the | | | 23|best of his or her ability, participate in the management of his or | | | 24|her affairs; | | | Req. No. 14502 Page 2 ___________________________________________________________________________
1| 3. An adult should receive the most effective, yet least | | | 2|restrictive and intrusive, form of support, assistance, or | | | 3|protection when the adult is unable to manage his or her affairs | | | 4|alone; and | | | 5| 4. The values, beliefs, wishes, cultural norms, and traditions | | | 6|that an adult holds should be respected in managing his or her | | | 7|affairs. | | | 8| SECTION 3. NEW LAW A new section of law to be codified | | | 9|in the Oklahoma Statutes as Section 1453 of Title 10, unless there | | | 10|is created a duplication in numbering, reads as follows: | | | 11| As used in the Supported Decision-Making Act, unless a different | | | 12|meaning is clearly required by the context: | | | 13| 1. "Adult" means a natural person who is eighteen (18) years of | | | 14|age or older; | | | 15| 2. "Affairs" means personal, health care, or financial matters | | | 16|arising in the course of activities of daily living, including, | | | 17|without limitation: | | | 18| a. matters in which an adult makes decisions relating to | | | 19| his or her health, including, without limitation: | | | 20| (1) monitoring the adult's health, | | | 21| (2 obtaining, scheduling, and coordinating health | | | 22| and support services, | | | 23| (3) understanding health care information and | | | 24| options, and | | | Req. No. 14502 Page 3 ___________________________________________________________________________
1| (4) making personal decisions to provide for the | | | 2| adult's care and comfort, and | | | 3| b. financial matters in which an adult manages his or | | | 4| her income and assets and the use thereof for | | | 5| clothing, support, care, comfort, education, shelter, | | | 6| or the payment of his or her liabilities; | | | 7| 3. "Covered education agreement" means a supported | | | 8|decision-making agreement that is entered into for the sole purpose | | | 9|of providing supported decision-making related to the supported | | | 10|person's education and the Individuals with Disabilities Education | | | 11|Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C., Section 1400 | | | 12|et seq.), or Section 504 of the Rehabilitation Act of 1973, approved | | | 13|September 26, 1973 (87 Stat. 394; 29 U.S.C., Section 794); | | | 14| 4. "Electronic" means relating to technology having electrical, | | | 15|digital, magnetic, wireless, optical, electromagnetic, or similar | | | 16|capabilities; | | | 17| 5. "Person" means a natural person, health care facility, | | | 18|provider of health care, corporation, partnership, limited-liability | | | 19|company, association, joint venture, public corporation, government | | | 20|or governmental subdivision, agency or instrumentality, or any other | | | 21|legal or commercial entity; | | | 22| 6. "Principal" means an adult who seeks to enter, or has | | | 23|entered, into a supported decision-making agreement with one or more | | | 24|supporters pursuant to this act; | | | Req. No. 14502 Page 4 ___________________________________________________________________________
1| 7. "Record" means document, book, paper, photograph, microfilm, | | | 2|computer tape, disk, record, sound recording, film recording, video | | | 3|record, electronic files and documents, or other material; | | | 4| 8. "Sign" means: | | | 5| a. to execute or adopt a tangible symbol with the | | | 6| present intent to authenticate a record, or | | | 7| b. to attach or logically associate an electronic | | | 8| symbol, sound, or process to or with a record with the | | | 9| present intent to authenticate the record; | | | 10| 9. "Support services" means a coordinated system of social and | | | 11|other services that are supplied by private, state, institutional, | | | 12|or community providers and are designed to help maintain the | | | 13|independence of an adult, including, without limitation: | | | 14| a. homemaker services, such as house repair, cleaning, | | | 15| laundry, shopping, and providing meals, | | | 16| b. companion services, such as transportation and the | | | 17| facilitation of written, oral, and electronic | | | 18| communication, | | | 19| c. medical services, | | | 20| d. visiting nurse and attendant care, | | | 21| e. physical and psychosocial assessments, | | | 22| f. financial assessments and advisement relating to | | | 23| banking, taxes, loans, investments, or the management | | | 24| of real property, | | | Req. No. 14502 Page 5 ___________________________________________________________________________
1| g. legal assessments and advisement, | | | 2| h. educational services, including, without limitation, | | | 3| educational assessments and advisement, | | | 4| i. personal care services, including, without | | | 5| limitation, assistance with daily activities such as | | | 6| bathing, dressing, and eating, | | | 7| j. care planning, | | | 8| k. residential, employment, or day program services and | | | 9| supports, including, without limitation, training, or | | | 10| career planning, and | | | 11| l. other services necessary to maintain the independence | | | 12| of an adult; | | | 13| 10. "Supported decision-making agreement" means an agreement | | | 14|between a principal and one or more supporters that is entered into | | | 15|pursuant to this act; and | | | 16| 11. "Supporter" means a person who is named in a supported | | | 17|decision-making agreement to provide specified assistance to a | | | 18|principal. | | | 19| SECTION 4. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 1454 of Title 10, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| A. An adult may enter into a supported decision-making | | | 23|agreement at any time if the adult: | | | 24| | | | Req. No. 14502 Page 6 ___________________________________________________________________________
1| 1. Enters into the agreement voluntarily and without coercion | | | 2|or undue influence; and | | | 3| 2. Understands the nature and effect of the agreement. | | | 4| B. A supported decision-making agreement shall: | | | 5| 1. Be in writing; | | | 6| 2. Be dated; | | | 7| 3. Designate one or more supporters; | | | 8| 4. List the types of decisions with which the supporter is | | | 9|authorized to assist the principal; | | | 10| 5. List the types of decisions, if any, with which the | | | 11|supporter is not authorized to assist the principal; and | | | 12| 6. Be signed by each party to the agreement in the presence of | | | 13|at least two adult witnesses. | | | 14| C. A principal or a supporter may terminate a supported | | | 15|decision-making agreement at any time, either verbally or in | | | 16|writing, and with notice to the other parties to the agreement. | | | 17| SECTION 5. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 1455 of Title 10, unless there | | | 19|is created a duplication in numbering, reads as follows: | | | 20| A. Except as otherwise provided in a supported decision-making | | | 21|agreement and subsection B of this section, a supporter may do all | | | 22|of the following: | | | 23| 1. Assist the principal in understanding information, options, | | | 24|responsibilities and consequences of the principal's life decisions, | | | Req. No. 14502 Page 7 ___________________________________________________________________________
1|including, without limitation, decisions relating to the principal's | | | 2|affairs or supportive services; | | | 3| 2. Help the principal access, obtain, and understand any | | | 4|information that is relevant to any given life decision, including, | | | 5|without limitation, medical, psychological, financial, or | | | 6|educational decisions, or any treatment records or records necessary | | | 7|to manage the principal's affairs or support services; | | | 8| 3. Assist the principal in finding, obtaining, making | | | 9|appointments for, and implementing the principal's support services | | | 10|or plans for support services; | | | 11| 4. Help the principal monitor information about the principal's | | | 12|affairs or support services, including, without limitation, keeping | | | 13|track of future necessary or recommended services; and | | | 14| 5. Ascertain the wishes and decisions of the principal, assist | | | 15|in communicating those wishes and decisions to other persons, and | | | 16|advocate to ensure that the wishes and decisions of the principal | | | 17|are implemented. | | | 18| B. A supporter is prohibited from doing any of the following: | | | 19| 1. Exerting undue influence upon, or making decisions on behalf | | | 20|of, the principal; | | | 21| 2. Obtaining, without the consent of the principal, information | | | 22|that is not reasonably related to matters with which the supporter | | | 23|is authorized to assist the principal pursuant to the supported | | | 24|decision-making agreement; and | | | Req. No. 14502 Page 8 ___________________________________________________________________________
1| 3. Using, without the consent of the principal, information | | | 2|acquired for a purpose other than assisting the principal to make a | | | 3|decision pursuant to the supported decision-making agreement. | | | 4| C. A supporter shall act with the care, competence and | | | 5|diligence ordinarily exercised by persons in similar circumstances, | | | 6|with due regard to the supporter's possession or lack of special | | | 7|skills or expertise. | | | 8| SECTION 6. NEW LAW A new section of law to be codified | | | 9|in the Oklahoma Statutes as Section 1456 of Title 10, unless there | | | 10|is created a duplication in numbering, reads as follows: | | | 11| A. In addition to the activities set forth in Section 5 of this | | | 12|act, a supporter may assist the principal with obtaining any | | | 13|information to which the principal is entitled, including, without | | | 14|limitation, a signed and dated specific consent, protected health | | | 15|information under the Health Insurance Portability and | | | 16|Accountability Act of 1996, Public Law 104-191, as amended, or | | | 17|educational records under the Family Educational Rights and Privacy | | | 18|Act of 1974, 20 U.S.C., Section 1232g, and any regulations adopted | | | 19|pursuant thereto. | | | 20| B. A supporter shall ensure that all information collected on | | | 21|behalf of a principal pursuant to this section is: | | | 22| 1. Kept privileged and confidential, as applicable; | | | 23| 2. Not subject to unauthorized access, use, or disclosure; and | | | 24| 3. Properly disposed of when appropriate. | | | Req. No. 14502 Page 9 ___________________________________________________________________________
1| SECTION 7. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1457 of Title 10, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| The existence of a supported decision-making agreement that is | | | 5|entered into by an adult and one or more supporters pursuant to this | | | 6|act may not be used as evidence of the adult's incapacity, as | | | 7|defined in Section 3002 of Title 58 of the Oklahoma Statutes, and | | | 8|does not preclude the ability of the adult to act independently of | | | 9|the agreement. | | | 10| SECTION 8. NEW LAW A new section of law to be codified | | | 11|in the Oklahoma Statutes as Section 1458 of Title 10, unless there | | | 12|is created a duplication in numbering, reads as follows: | | | 13| A decision or request made or communicated by a principal with | | | 14|the assistance of a supporter in accordance with this act shall, for | | | 15|the purposes of any provision of law, be recognized as the decision | | | 16|or request of the principal and may be enforced by the principal or | | | 17|supporter in law or equity on the same basis as a decision or | | | 18|request of the principal. | | | 19| SECTION 9. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 1459 of Title 10, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| Any person who is not a party to a supported decision-making | | | 23|agreement, including, without limitation, a provider of health care | | | 24|or provider of financial services, that in good faith, as defined in | | | Req. No. 14502 Page 10 ___________________________________________________________________________
1|Section 3002 of Title 58 of the Oklahoma Statutes, accepts a | | | 2|supported decision-making agreement: | | | 3| 1. Without actual knowledge that any of the signatures thereon | | | 4|is not genuine may rely upon the presumption that such a signature | | | 5|is genuine; | | | 6| 2. Without actual knowledge that the supported decision-making | | | 7|agreement or the purported supporter's authority is void, invalid, | | | 8|or terminated may rely upon the supported decision-making agreement | | | 9|as if the agreement and supporter's authority are genuine, valid, | | | 10|and still in effect; and | | | 11| 3. Is not subject to civil or criminal liability or discipline | | | 12|for unprofessional conduct for giving effect to a declaration | | | 13|contained within the supported decision-making agreement or for | | | 14|following the direction of a supporter named in the supported | | | 15|decision-making agreement. | | | 16| SECTION 10. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 1460 of Title 10, unless there | | | 18|is created a duplication in numbering, reads as follows: | | | 19| The provisions of this act shall not be construed to affect the | | | 20|requirement of any person to report the abuse, neglect, | | | 21|exploitation, isolation, or abandonment of an older person or a | | | 22|vulnerable person as provided in Section 10-104 of Title 43A of the | | | 23|Oklahoma Statutes. | | | 24| | | | Req. No. 14502 Page 11 ___________________________________________________________________________
1| SECTION 11. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1461 of Title 10, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A document substantially in the following form may be used to | | | 5|create a supported decision-making agreement form that has the | | | 6|meaning and effect prescribed by this act. | | | 7| OKLAHOMA | | | 8| SUPPORTED DECISION-MAKING AGREEMENT | | | 9| IMPORTANT INFORMATION | | | 10|This supported decision-making agreement allows an adult to receive | | | 11|assistance in understanding, making, and communicating decisions | | | 12|while retaining full legal authority pursuant to the Oklahoma | | | 13|Supported Decision-Making Act. | | | 14| PRINCIPAL INFORMATION | | | 15|Name of Principal (Adult): _________________________________________ | | | 16|Date of Birth: _________________ | | | 17|Address: ___________________________________________________________ | | | 18|Phone / Email: ________________________ | | | 19| SUPPORTER(S) | | | 20|Name of Supporter: _________________________________________________ | | | 21|Relationship: _________________________ | | | 22|Phone / Email: ________________________ | | | 23|Name of Additional Supporter (optional): ___________________________ | | | 24|Relationship: _________________________ | | | Req. No. 14502 Page 12 ___________________________________________________________________________
1|Phone / Email: ________________________ | | | 2| AREAS OF SUPPORT | | | 3|Initial each subject you would like your designated supporter(s) to | | | 4|assist you in understanding, making, and communicating decisions. | | | 5|(___) Health care and medical decisions | | | 6|(___) Mental health services | | | 7|(___) Education, including college, IDEA, and Section 504 | | | 8|(___) Employment and vocational services | | | 9|(___) Financial matters, including budgeting and banking, but not | | | 10|including control of funds | | | 11|(___) Housing and community living | | | 12|(___) Government or public benefits | | | 13|(___) Other: ______________________________________ | | | 14| LIMITATIONS | | | 15|My supporter(s) MAY NOT assist with the following decisions (if | | | 16|any): | | | 17| | | | 18| SUPPORTER AUTHORITY | | | 19|The supporter may assist the principal by: | | | 20|1. Helping understand information and options; | | | 21|2. Helping obtain records, including, but not limited to, HIPAA and | | | 22|FERPA, with consent; | | | 23|3. Attending meetings at the request of the principal; and | | | 24|4. Helping communicate the principal's decisions. | | | Req. No. 14502 Page 13 ___________________________________________________________________________
1|The supporter MAY NOT make decisions for the principal or override | | | 2|the principal's wishes. | | | 3| VOLUNTARY AGREEMENT | | | 4|I affirm that I am entering this agreement voluntarily, understand | | | 5|its purpose, and may terminate it at any time. | | | 6| TERMINATION | | | 7|This agreement may be terminated at any time by the principal or any | | | 8|supporter, verbally or in writing. | | | 9| SIGNATURES | | | 10|Principal Signature: ___________________________________ | | | 11|Date: ___________ | | | 12|Supporter Signature: __________________________________ | | | 13|Date: ___________ | | | 14|Additional Supporter Signature (if applicable): ____________________ | | | 15|Date: ___________ | | | 16| WITNESSES | | | 17|Witness #1 Name & Signature: ______________________________ | | | 18|Date: ___________ | | | 19|Witness #2 Name & Signature: ______________________________ | | | 20|Date: ___________" | | | 21| SECTION 12. This act shall become effective November 1, 2026. | | | 22| | | | 23| 60-2-14502 CMA 01/12/26 | | | 24| | | | Req. No. 14502 Page 14