82.02 – Definitions.
* § 82.02 Definitions. When used in this article, the following terms shall have the following meaning, unless the context or subject matter requires a different interpretation: (a) “abuse” encompasses physical abuse, sexual abuse, and emotional abuse, as defined in section four hundred seventy-three of the social services law. (b) “adult” means an individual eighteen […]
82.03 – Presumption of Capacity.
* § 82.03 Presumption of capacity. (a) For the purposes of this article, every adult shall be presumed to have the capacity to enter into a supported decision-making agreement, unless that adult has a legal guardian, appointed by a court of competent jurisdiction, whose granted authority is in conflict with the proposed supported decision-making agreement. […]
82.04 – Scope.
* § 82.04 Scope. (a) If a decision-maker voluntarily enters into a supported decision-making agreement with one or more supporters, the decision-maker may, in the agreement, authorize the supporter to provide support to them in making their own decisions in areas they choose, including, but not limited to: gathering information, understanding and interpreting information, weighing […]
82.05 – Duties, Responsibilities, and Authority of Supporters.
* § 82.05 Duties, responsibilities, and authority of supporters. (a) A supporter must: 1. respect the decision-maker’s right to make a decision, even when the supporter disagrees with the decision or believes it is not in the decision-maker’s best interests; 2. act honestly, diligently, and in good faith; 3. act within the scope set forth […]
82.06 – Formation and Term of Agreement.
* § 82.06 Formation and term of agreement. (a) An adult may enter into a supported decision-making agreement at any time if the adult enters into the agreement voluntarily. (b) A decision-maker may sign a supported decision-making agreement in any manner, including electronic signatures permitted under article three of the state technology law. (c) A […]