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HB 2144

Enacting the supported decision-making agreements act to provide a statutory framework for adults who want decision-making assistance and amending the crime of mistreatment of a dependent adult or an elder person.

2025-2026 Regular Session Introduced by Bill Rhiley

Allows adults to appoint supporters to assist in health, housing, and daily decisions through a written agreement, with defined duties and limits.

Died in Committee
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Bill Summary · HB 2144

Summary — HB 2144 (2025): Supported Decision‑Making Agreements Act (Kansas)

Overview / Purpose

HB 2144 enacts the Supported Decision‑Making Agreements Act to create a statutory framework allowing adults to designate one or more “supporters” to assist with decision‑making about health, housing, work and other affairs. The bill clarifies the form, execution, scope, and limits of such agreements and adds violation of a supported decision‑making agreement to the statutory definition of the crime of mistreatment of a dependent adult or an elder person (amending K.S.A. 21‑5417).

Note: This summary addresses the Kansas bill introduced in the 2025 session (House Bill No. 2144, Rep. Rhiley).

Key provisions

  • Authorizes adults (age 18+) to enter into a written supported decision‑making agreement naming one or more adult supporters who provide decision‑making assistance (not authority to make decisions).
  • Defines terms: “affairs,” “capacity,” “principal,” “supporter,” and “support services” (includes health coordination, financial and legal assessments, living and work arrangements, activities of daily living, transportation, etc.).
  • Execution requirements: agreements must be dated, in writing, signed by the principal and each supporter, and either notarized or signed in the presence of two qualifying witnesses. The Judicial Council must develop a substantially compliant form.
  • Limits: agreements must be voluntary (no coercion), the principal must understand the agreement’s nature, and supporters cannot be persons subject to protective orders. An agreement cannot encroach on a guardian’s or conservator’s authority unless the guardian/conservator gives written approval.
  • Information access: supporters may access relevant information to assist decision‑making, including information otherwise protected (e.g., health records), subject to the agreement’s terms and applicable law.
  • Criminalization: will add violation of supported decision‑making agreements into the statute defining mistreatment of a dependent adult or elder, creating potential criminal liability for certain abuses of the agreement.

Who is affected

  • Adults seeking decision‑making assistance (principals) and their chosen supporters.
  • Healthcare providers, care facilities, KDADS‑funded service recipients (e.g., adult care homes, HCBS waiver participants), and service providers who must recognize/support these agreements.
  • Courts and court services: potential increase in filings and supervision related to new criminal provisions.

Fiscal and administrative impact

  • Kansas Department for Aging and Disability Services (KDADS): reported no direct fiscal effect but may see increased hotline calls and will need provider education about supported decision‑making.
  • Office of Judicial Administration: expects possible increased district court caseloads, hearings, supervision obligations, and associated fees/fines, but cannot quantify revenue or costs at this time.
  • Any fiscal effects were not included in the FY 2026 Governor’s Budget Report.

Procedural status (selected)

  • Filed/Introduced: Jan 28–29, 2025.
  • Referred to Committee on Judiciary: Jan 30, 2025.
  • Additional committee referrals and readings recorded (Human Services, Rules Committee, Executive Committee) per legislative calendar.

Notes

  • The bill creates a non‑substitutive assistance model (supporters assist but do not replace guardians/conservators).
  • Exact criminal penalties and detailed enforcement provisions depend on the amendment to K.S.A. 21‑5417 as incorporated in the bill text.

Compiled from official sources — confirm details with the bill’s official record.

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