N.Y. Mental Hygiene Law § 82.05: Duties, responsibilities, and authority of supporters

* § 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 in the executed supported

decision-making agreement;

4. avoid conflicts of interest;

5. notify the decision-maker in writing, and in a manner the

decision-maker can understand, of the supporter's intent to resign as a

supporter; and

6. participate in facilitation and/or education programs developed

under regulations promulgated by the office for people with

developmental disabilities in order to enter a formal supported

decision-making agreement.

(b) A supporter is prohibited from:

1. making decisions for the decision-maker, except to the extent

otherwise granted in an advance directive;

2. exerting undue influence upon the decision-maker;

3. physically coercing the decision-maker;

4. obtaining, without the consent of the decision-maker, information

acquired for a purpose other than assisting the decision-maker in making

a decision authorized by the supported decision-making agreement;

5. obtaining, without the consent of the decision-maker, or as

expressly granted by the supported decision-making agreement, and

accompanied by an appropriate release, nonpublic personal information as

defined in 15 U.S.C. § 6809(4)(A), or clinical records or information

under subdivision (c) of section 33.13 of this chapter; and

6. communicating a decision-maker's decision to a third-party without

the participation and presence of the decision-maker.

(c) The relationship between a decision-maker and a supporter is one

of trust and confidence and serves to preserve the decision-making

authority of the decision-maker.

(d) A supporter shall not be considered a surrogate or substitute

decision maker for the decision-maker and shall not have the authority

to sign legal documents on behalf of the decision-maker or bind the

decision-maker to a legal agreement, but may, if such authority is

expressly granted in the supported decision-making agreement, provide

co-signature together with the decision-maker acknowledging the receipt

of statements of rights and responsibilities in order to permit

participation in such programs or activities that the decision-maker has

communicated a choice to participate in.

(e) If expressly granted by the supported decision-making agreement,

and the decision-maker has signed an appropriate release, the supporter

may assist the decision-maker in obtaining educational records under the

Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g),

protected health information under the Health Insurance Portability and

Accountability Act of 1996 (45 CFR §§ 164.502, 164.508), clinical

records and information under subdivision (c) of section 33.13 of this

chapter, or patient information under subdivisions two and three of

section eighteen of the public health law.

(f) A supporter shall ensure the information obtained under

subdivision (e) of this section is kept privileged and confidential, as

applicable, and is not subject to unauthorized access, use, or

disclosure.

* 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.