* § 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intellectual, developmental, cognitive and psychosocial disabilities are often denied that right because of stigma and outdated beliefs about their capability.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. 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. (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. (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. (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. (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 […]
* § 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. (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. 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. (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. (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. (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. (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. (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. (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 […]
