* § 82.03 Presumption of capacity.

(a) For the purposes of this article, every adult shall be presumed to
have the capacity to enter into a supported decision-making agreement,
unless that adult has a legal guardian, appointed by a court of
competent jurisdiction, whose granted authority is in conflict with the
proposed supported decision-making agreement. This presumption may be
rebutted only by clear and convincing evidence.

(b) Capacity shall include capacity with decision-making support
and/or accommodations.

(c) A diagnosis of a developmental or other disability or condition
shall not constitute evidence of incapacity.

(d) The manner in which an adult communicates with others shall not
constitute evidence of incapacity.

(e) Neither the execution of a supported decision-making agreement by
an individual, nor the interest in or wish to execute a supported
decision-making agreement by an individual, nor the failure of an
individual to execute a supported decision-making agreement may be used
or considered as evidence that the individual lacks capacity, or to deny
the decision-maker benefits to which they are otherwise entitled,
including adult protective services.

(f) A decision-maker may make and execute a supported decision-making
agreement, if the decision-maker understands that they are making and
executing an agreement with their chosen supporters and that they are
doing so voluntarily.

* 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.