231E.2 - OFFICE OF SUBSTITUTE DECISION MAKER -- FINDINGS AND INTENT.
231E.2 OFFICE OF SUBSTITUTE DECISION MAKER --
FINDINGS AND INTENT.
1. a. The general assembly finds that many adults in this
state are unable to meet essential requirements to maintain their
physical health or to manage essential aspects of their financial
resources and are in need of substitute decision-making services.
However, a willing and responsible person may not be available to
serve as a private substitute decision maker or the adult may not
have adequate income or resources to compensate a private substitute
decision maker.
b. The general assembly further finds that a process should
exist to assist individuals in finding alternatives to substitute
decision-making services and less intrusive means of assistance
before an individual's independence or rights are limited.
c. The general assembly further finds that a substitute
decision maker may be necessary to finalize a person's affairs after
death when there is no willing and appropriate person available to
serve as the person's personal representative.
2. a. It is, therefore, the intent of the general assembly to
establish a state office of substitute decision maker and authorize
the establishment of local offices of substitute decision maker to
provide substitute decision-making services to adults and their
estates after their deaths, when no private substitute decision maker
is available.
b. It is also the intent of the general assembly that the
office of substitute decision maker provide assistance to both public
and private substitute decision makers throughout the state in
securing necessary services for their wards, principals, clients, and
decedents and to assist substitute decision makers, wards,
principals, clients, courts, and attorneys in the orderly and
expeditious handling of substitute decision-making proceedings. Section History: Recent Form
2005 Acts, ch 175, §131