* § 82.05 Duties, responsibilities, and authority of supporters.

(a) A supporter must:

1. respect the decision-maker's right to make a decision, even when
the supporter disagrees with the decision or believes it is not in the
decision-maker's best interests;

2. act honestly, diligently, and in good faith;

3. act within the scope set forth in the executed supported
decision-making agreement;

4. avoid conflicts of interest;

5. notify the decision-maker in writing, and in a manner the
decision-maker can understand, of the supporter's intent to resign as a
supporter; and

6. participate in facilitation and/or education programs developed
under regulations promulgated by the office for people with
developmental disabilities in order to enter a formal supported
decision-making agreement.

(b) A supporter is prohibited from:

1. making decisions for the decision-maker, except to the extent
otherwise granted in an advance directive;

2. exerting undue influence upon the decision-maker;

3. physically coercing the decision-maker;

4. obtaining, without the consent of the decision-maker, information
acquired for a purpose other than assisting the decision-maker in making
a decision authorized by the supported decision-making agreement;

5. obtaining, without the consent of the decision-maker, or as
expressly granted by the supported decision-making agreement, and
accompanied by an appropriate release, nonpublic personal information as
defined in 15 U.S.C. § 6809(4)(A), or clinical records or information
under subdivision (c) of section 33.13 of this chapter; and

6. communicating a decision-maker's decision to a third-party without
the participation and presence of the decision-maker.

(c) The relationship between a decision-maker and a supporter is one
of trust and confidence and serves to preserve the decision-making
authority of the decision-maker.

(d) A supporter shall not be considered a surrogate or substitute
decision maker for the decision-maker and shall not have the authority
to sign legal documents on behalf of the decision-maker or bind the
decision-maker to a legal agreement, but may, if such authority is
expressly granted in the supported decision-making agreement, provide
co-signature together with the decision-maker acknowledging the receipt
of statements of rights and responsibilities in order to permit
participation in such programs or activities that the decision-maker has
communicated a choice to participate in.

(e) If expressly granted by the supported decision-making agreement,
and the decision-maker has signed an appropriate release, the supporter
may assist the decision-maker in obtaining educational records under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g),
protected health information under the Health Insurance Portability and
Accountability Act of 1996 (45 CFR §§ 164.502, 164.508), clinical
records and information under subdivision (c) of section 33.13 of this
chapter, or patient information under subdivisions two and three of
section eighteen of the public health law.

(f) A supporter shall ensure the information obtained under
subdivision (e) of this section is kept privileged and confidential, as
applicable, and is not subject to unauthorized access, use, or
disclosure.

* 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.