N.Y. Mental Hygiene Law § 82.11: Legal effect of decisions made with support and third party obligations

* § 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 by the

office for people with developmental disabilities. Additionally, such

decisions shall be signed by a facilitator.

(b) A decision or request made or communicated by a decision-maker

with the assistance of a supporter in accordance with the provisions of

a supported decision-making agreement must, notwithstanding any other

provision of law, be recognized as the decision or request of the

decision-maker and may be enforced by the decision-maker in law or

equity on the same basis as all others.

(c) A person, entity, or agency required to recognize and honor a

decision made pursuant to a supported decision-making agreement

authorized by this section may require the decision-maker to execute or

endorse an attestation, as provided in paragraph three of subdivision

(d) of section 82.10 of this article, as a condition of recognizing and

honoring the decision.

(d) A person, entity, or agency that receives a supported

decision-making agreement must honor a decision made in accordance with

the agreement, unless the person, entity, or agency has substantial

cause to believe the supported decision-making agreement has been

revoked, or the decision-maker is being abused, coerced, unduly

influenced, or financially exploited by the supporter, or that the

decision will cause the decision-maker substantial and imminent physical

or financial harm.

* 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.