N.Y. Mental Hygiene Law § 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 options and alternatives to a

decision, considering the consequences of making a decision or not

making it, participating in conversations with third parties if the

decision-maker is present and requests their participation,

communicating the decision-maker's decision to third parties if the

decision-maker is present and requests their participation, and

providing the decision-maker support in implementing the

decision-maker's decision.

(b) Nothing in this article, nor the existence of an executed

supported decision-making agreement, shall preclude the decision-maker

from acting independently of the supported decision-making agreement or

executing, with or without the assistance of supporters under a

supported decision-making agreement, a power of attorney under title

fifteen of article five of the general obligations law, health care

proxy under article twenty-nine-C of the public health law, or other

advance directive.

(c) Notwithstanding the existence of a supported decision-making

agreement, a decision-maker shall continue to have unrestricted access

to their personal information without the assistance of a supporter.

(d) Notwithstanding the existence of a supported decision-making

agreement, a decision-maker may request and receive assistance in making

any decision that is not covered under the supported decision-making

agreement at any time and from any person, regardless of whether that

person is designated as a supporter in the supported decision-making

agreement.

(e) A supported decision-making agreement made pursuant to this

article may be evidence that the decision-maker has a less restrictive

alternative to guardianship in place.

(f) The availability of supported decision-making agreements is not

intended to limit the informal use of supported decision-making, or to

preclude judicial consideration of such informal arrangements as less

restrictive alternatives to guardianship.

(g) Execution of a supported decision-making agreement may not be a

condition of participation in any activity, service, or program.

(h) If a decision-maker seeks from any person professional advice that

would be otherwise covered by evidentiary privilege in accordance with

sections forty-five hundred three, forty-five hundred four, forty-five

hundred seven, forty-five hundred eight and forty-five hundred ten of

the civil practice law and rules, the inclusion in the conversation of a

supporter authorized by the supported decision-making agreement to

provide support in the area in which the decision-maker seeks the

professional advice shall not constitute a waiver of that privilege.

(i) Notwithstanding any other provision of law to the contrary,

nothing within this article shall be construed to prohibit eligibility

of a decision-maker for receipt of services or supports that they would

have otherwise been entitled, including adult protective services,

absent entering into a supported decision-making agreement under the

provisions of this article.

(j) A supported decision-making agreement made between a

decision-maker and his or her supporter or supporters after consultation

and education, which is signed by a facilitator shall have the legal

force and effect authorized under section 82.11 of 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.