N.Y. Mental Hygiene Law 82.10 – Form of agreement
* § 82.10 Form of agreement.
Terms Used In N.Y. Mental Hygiene Law 82.10
- adult: means an individual eighteen years of age or older. See N.Y. Mental Hygiene Law 82.02
- decision-maker: means an adult who has executed, or seeks to execute, a supported decision-making agreement. See N.Y. Mental Hygiene Law 82.02
- facilitator: means an individual or entity authorized by the office for people with developmental disabilities that works with and educates the decision-maker and his or her supporter or supporters about supported decision-making and supported decision-making agreements authorized under this article. See N.Y. Mental Hygiene Law 82.02
- supported decision-making: means a way by which a decision-maker utilizes support from trusted persons in their life, in order to make their own decisions about their life, including, but not limited to, decisions related to where and with whom the decision-maker wants to live; decisions about finances; the services, supports, and health care the decision-maker wants to receive; and where the decision-maker wants to work. See N.Y. Mental Hygiene Law 82.02
- supported decision-making agreement: is a n agreement a decision-maker enters into with one or more supporters under this section that describes how the decision-maker uses supported decision-making to make their own decisions. See N.Y. Mental Hygiene Law 82.02
- supporter: means an adult who has voluntarily entered into a supported decision-making agreement with a decision-maker, agreeing to assist the decision-maker in making their own decisions as prescribed by the supported decision-making agreement, and who is not ineligible under section 82. See N.Y. Mental Hygiene Law 82.02
(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 a supporter is authorized to assist the decision-maker;
5. list the kinds of support that each supporter may give for each area in which they are designated as a supporter;
6. contain an attestation that the supporters agree to honor the right of the decision-maker to make their own decisions in the ways and areas specified in the agreement, respect the decision-maker's decisions, and, further, that they will not make decisions for the decision-maker;
7. state that the decision-maker may change, amend, or revoke the supported decision-making agreement at any time for any reason, subject to the requirements of section 82.06 of this article;
8. be signed by all designated supporters; and
9. be executed or endorsed by the decision-maker in the presence of at least two adult witnesses who are not also designated as supporters, or with the attestation of a notary public.
(c) A supported decision-making agreement may:
1. appoint more than one supporter;
2. authorize a supporter to obtain personal information as described in subdivision (e) of section 82.05 of this article;
3. authorize a supporter to share information with any other supporter or others named in the agreement; or
4. detail any other limitations on the scope of a supporter's role that the decision-maker deems important.
(d) In order to be subject to the provisions of section 82.11 and subdivisions (b) through (d) of section 82.12 of this article, a supported decision-making agreement must also:
1. be signed by a facilitator or educator;
2. include a statement that the supported decision-making agreement was made in accordance with a recognized facilitation and/or education process; and
3. include an attached attestation by the decision-maker that a particular decision has been made in accordance with the support described in the supported decision-making agreement.
* NB Effective 90 days from the date that the regulations issued in accordance with § 1 of chapter 481 of 2022 appear in the New York State Register or the date such regulations are adopted, whichever is later.