* § 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.