N.Y. Mental Hygiene Law Section 82.10
Form of agreement

(a)

A supported decision-making agreement may be in any form consistent with the requirements set forth in this article.

(b)

A supported decision-making agreement must:

1.

be in writing;

2.

be dated;

3.

designate the decision-maker, and at least one supporter;

4.

list the categories of decisions with which a supporter is authorized to assist the decision-maker;

5.

list the kinds of support that each supporter may give for each area in which they are designated as a supporter;

6.

contain an attestation that the supporters agree to honor the right of the decision-maker to make their own decisions in the ways and areas specified in the agreement, respect the decision-maker’s decisions, and, further, that they will not make decisions for the decision-maker;

7.

state that the decision-maker may change, amend, or revoke the supported decision-making agreement at any time for any reason, subject to the requirements of section 82.06 of this article;

8.

be signed by all designated supporters; and

9.

be executed or endorsed by the decision-maker in the presence of at least two adult witnesses who are not also designated as supporters, or with the attestation of a notary public.

(c)

A supported decision-making agreement may:

1.

appoint more than one supporter;

2.

authorize a supporter to obtain personal information as described in subdivision (e) of section 82.05 of this article;

3.

authorize a supporter to share information with any other supporter or others named in the agreement; or

4.

detail any other limitations on the scope of a supporter’s role that the decision-maker deems important.

(d)

In order to be subject to the provisions of section 82.11 and subdivisions (b) through (d) of section 82.12 of this article, a supported decision-making agreement must also:

1.

be signed by a facilitator or educator;

2.

include a statement that the supported decision-making agreement was made in accordance with a recognized facilitation and/or education process; and

3.

include an attached attestation by the decision-maker that a particular decision has been made in accordance with the support described in the supported decision-making agreement. * 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.

Source: Section 82.10 — Form of agreement, https://www.­nysenate.­gov/legislation/laws/MHY/82.­10 (updated Jul. 29, 2022; accessed May 11, 2024).

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Accessed:
May 11, 2024

Last modified:
Jul. 29, 2022

§ 82.10’s source at nysenate​.gov

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