82.08 – Eligibility and Resignation of Supporters.
* § 82.08 Eligibility and resignation of supporters. (a) A supporter shall be any adult chosen by the decision-maker; if the supporter chosen by the decision-maker is an employee of a provider from whom the decision-maker receives services, the employee and the provider shall follow the requirements set out in regulations promulgated by the office […]
82.09 – Facilitation of Agreement.
* § 82.09 Facilitation of agreement. The provisions of section 82.11 and subdivisions (b) through (d) of section 82.12 of this article shall only apply in circumstances where a decision is made by a decision-maker pursuant to a supported decision-making agreement created in accordance with this article where such decision-maker and his or her supporter […]
82.10 – Form of Agreement.
* § 82.10 Form of agreement. (a) A supported decision-making agreement may be in any form consistent with the requirements set forth in this article. (b) A supported decision-making agreement must: 1. be in writing; 2. be dated; 3. designate the decision-maker, and at least one supporter; 4. list the categories of decisions with which […]
82.11 – Legal Effect of Decisions Made With Support and Third Party Obligations.
* § 82.11 Legal effect of decisions made with support and third party obligations. (a) This section shall apply only to decisions made pursuant to supported decision-making agreements created in accordance with this article and following a recognized supported decision-making facilitation or education process, as prescribed by regulations governing the facilitation and education processes promulgated […]
82.12 – Limitations on Liability.
* § 82.12 Limitations on liability. (a) Subdivisions (b), (c) and (d) of this section shall apply only to decisions made pursuant to supported decision-making agreements created in accordance with this article which are signed by a facilitator and following a recognized supported decision-making facilitation or education process, as prescribed by regulations governing the facilitation […]
82.13 – Supporter Notice.
* § 82.13 Supporter notice. (a) If any state or municipal law requires that an agency, entity, or person provide a prescribed notice to a decision-maker, and the agency, entity, or person required to provide such notice has received a supported decision-making agreement from a decision-maker that specifies that a supporter is also to receive […]
82.14 – Reporting Abuse, Coercion, Undue Influence, or Financial Exploitation.
* § 82.14 Reporting abuse, coercion, undue influence, or financial exploitation. (a) Any person who receives a copy of or an original supported decision-making agreement and has cause to believe the decision-maker is being abused, physically coerced, or financially exploited by a supporter, may report the alleged abuse, physical coercion, or financial exploitation to adult […]
82.15 – Rules and Regulations.
* § 82.15 Rules and regulations. (a) The commissioner of the office for people with developmental disabilities shall promulgate within one year of the passage of this act the rules and regulations necessary to implement this article for adults who receive or are eligible to receive services that are operated, certified, funded or approved by […]
82.07 – Revocation and Amendment of Agreement.
* § 82.07 Revocation and amendment of agreement. (a) The decision-maker may revoke all or part of a supported decision-making agreement by notifying the supporters orally or in writing, or by any other act evincing a specific intent to revoke the agreement. The failure of the decision-maker to notify supporters shall not invalidate the revocation […]
82.01 – Legislative Findings and Purpose.
* § 82.01 Legislative findings and purpose. (a) The legislature finds that a person’s right to make their own decisions is critical to their autonomy and self-determination. People with intellectual, developmental, cognitive and psychosocial disabilities are often denied that right because of stigma and outdated beliefs about their capability. This right is denied, despite the […]