N.Y. MHY Law § 82.02 — New York Code / Act MHY / Title E / Article 82 / Section 82.02
Definitions
Status: in_force

* § 82.02 Definitions.\n  When used in this article, the following terms shall have the\nfollowing meaning, unless the context or subject matter requires a\ndifferent interpretation:\n  (a) "abuse" encompasses physical abuse, sexual abuse, and emotional\nabuse, as defined in section four hundred seventy-three of the social\nservices law.\n  (b) "adult" means an individual eighteen years of age or older.\n  (c) "advance directive" means a legally recognized written or oral\ninstruction by an adult relating to the provision of health care to the\nadult if and when they become incapacitated, including but not limited\nto a health care proxy, a consent to the issuance of an order not to\nresuscitate or other orders for life-sustaining treatment recorded in a\npatient's medical record, or other legally-recognized statements of\nwishes or beliefs.\n  (d) "decision-maker" means an adult who has executed, or seeks to\nexecute, a supported decision-making agreement.\n  (e) "financial exploitation" has the meaning given in section four\nhundred seventy-three of the social services law.\n  (f) "good faith" means honest in fact and in the observance of\nreasonable standards of fair dealing.\n  (g) "neglect" has the meaning defined in paragraph (d) of subdivision\none of section four hundred seventy-three of the social services law.\n  (h) "physical coercion" means to place under duress, menace, or\nthreaten physical violence or imprisonment.\n  (i) "supported decision-making" means a way by which a decision-maker\nutilizes support from trusted persons in their life, in order to make\ntheir own decisions about their life, including, but not limited to,\ndecisions related to where and with whom the decision-maker wants to\nlive; decisions about finances; the services, supports, and health care\nthe decision-maker wants to receive; and where the decision-maker wants\nto work.\n  (j) "supported decision-making agreement" is an agreement a\ndecision-maker enters into with one or more supporters under this\nsection that describes how the decision-maker uses supported\ndecision-making to make their own decisions. Supported decision-making\nagreements can either be an informal arrangement between the\ndecision-maker and his or her supporter or supporters, or one that is in\naccordance with section 82.11 of this article, which has been reviewed\nand signed by a facilitator.\n  (k) "supporter" means an adult who has voluntarily entered into a\nsupported decision-making agreement with a decision-maker, agreeing to\nassist the decision-maker in making their own decisions as prescribed by\nthe supported decision-making agreement, and who is not ineligible under\nsection 82.08 of this article.\n  (l) "undue influence" means moral or mental coercion that leads\nsomeone to carry out the wishes of another instead of their own because\nthey are unable to refuse or resist.\n  (m) "facilitator" means an individual or entity authorized by the\noffice for people with developmental disabilities that works with and\neducates the decision-maker and his or her supporter or supporters about\nsupported decision-making and supported decision-making agreements\nauthorized under this article.\n  * NB Effective 90 days from the date that the regulations issued in\naccordance with § 1 of chapter 481 of 2022 appear in the New York State\nRegister or the date such regulations are adopted, whichever is later.\n