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