2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 82 - Supported Decision-Making › 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.