* § 82.01 Legislative findings and purpose.

(a) The legislature finds that a person's right to make their own
decisions is critical to their autonomy and self-determination. People
with intellectual, developmental, cognitive and psychosocial
disabilities are often denied that right because of stigma and outdated
beliefs about their capability. This right is denied, despite the
reality that very few people make decisions entirely on their own.
Everyone uses supports, as do people with disabilities; who may just
need more or different kinds of supports.

(b) The legislature further finds that the, now well recognized,
practice of supported decision-making is a way in which many people with
disabilities can make their own decisions with the support they need
from trusted persons in their lives, and that supported decision-making
can be a less restrictive alternative to guardianship. Recognizing that
supported decision-making can take a variety of forms, the legislature
finds that a more formal process, resulting in a supported
decision-making agreement between the person with a disability (the
decision-maker) and their supporter or supporters, can provide the basis
for requiring third parties, who might otherwise question a person's
legal capacity because of their disability, to recognize their decisions
on the same basis as others. When this more formal process is followed,
people with disabilities can make choices confident that they will be
respected by others and knowing they will be solely responsible for
their own decisions.

(c) The legislature further finds that supported decision-making and
supported decision-making agreements should be encouraged when
appropriate for persons with disabilities, and that the execution of a
supported decision-making agreement should not detrimentally impact the
eligibility of a person for other services, including adult protective
services.

(d) The legislature also strongly urges relevant state agencies and
civil society to research and develop appropriate and effective means of
support for older persons with cognitive decline, persons with traumatic
brain injuries, and persons with psychosocial disabilities, so that full
legislative recognition can also be accorded to the decisions made with
supported decision-making agreements by persons with such conditions,
based on a consensus about what kinds of support are most effective and
how they can best be delivered.

* 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.