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 […]
82.08 – 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 […]
81.41 – Court Examiner Education Requirements.
§ 81.41 Court examiner education requirements. (a) Each incapacitated person is entitled to a thorough examination of all reports required to be filed by the guardian. (b) Each person appointed pursuant to section 81.32 of this article must complete a training program approved by the chief administrator which covers the legal duties and responsibilities of […]
81.42 – Compliance.
§ 81.42 Compliance. (a) A motion to dismiss based on the alleged failure to comply with any of the provisions of this article, other than subparagraph (i) of paragraph one of subdivision (d) of section 81.07 of this article, must be determined without regard to technical mistakes, deficiencies, and omissions that do not result in […]
81.43 – Proceedings to Discover Property Withheld.
§ 81.43 Proceedings to discover property withheld. (a) To the extent that it is consistent with the authority otherwise granted by the court a guardian may commence a proceeding in the court which appointed the guardian to discover property withheld. The petition shall contain knowledge, or information and belief of any facts tending to show […]
81.44 – Proceedings Upon the Death of an Incapicitated Person.
§ 81.44 Proceedings upon the death of an incapacitated person. (a) When used in this section: 1. “Statement of death” means a statement, in writing and acknowledged, containing the caption and index number of the guardianship proceeding, and the name and address of the last residence of the deceased incapacitated person, the date and place […]
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 […]
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. […]