N.Y. Mental Hygiene Law § 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 years of age or older.

(c) "advance directive" means a legally recognized written or oral

instruction by an adult relating to the provision of health care to the

adult if and when they become incapacitated, including but not limited

to a health care proxy, a consent to the issuance of an order not to

resuscitate or other orders for life-sustaining treatment recorded in a

patient's medical record, or other legally-recognized statements of

wishes or beliefs.

(d) "decision-maker" means an adult who has executed, or seeks to

execute, a supported decision-making agreement.

(e) "financial exploitation" has the meaning given in section four

hundred seventy-three of the social services law.

(f) "good faith" means honest in fact and in the observance of

reasonable standards of fair dealing.

(g) "neglect" has the meaning defined in paragraph (d) of subdivision

one of section four hundred seventy-three of the social services law.

(h) "physical coercion" means to place under duress, menace, or

threaten physical violence or imprisonment.

(i) "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.

(j) "supported decision-making agreement" is an 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. Supported decision-making

agreements can either be an informal arrangement between the

decision-maker and his or her supporter or supporters, or one that is in

accordance with section 82.11 of this article, which has been reviewed

and signed by a facilitator.

(k) "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 82.08 of this article.

(l) "undue influence" means moral or mental coercion that leads

someone to carry out the wishes of another instead of their own because

they are unable to refuse or resist.

(m) "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.

* 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.