* § 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.