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This entry was published on 2022-07-29
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SECTION 82.11
Legal effect of decisions made with support and third party obligations
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 82
* § 82.11 Legal effect of decisions made with support and third party

obligations.

(a) This section shall apply only to decisions made pursuant to
supported decision-making agreements created in accordance with this
article and following a recognized supported decision-making
facilitation or education process, as prescribed by regulations
governing the facilitation and education processes promulgated by the
office for people with developmental disabilities. Additionally, such
decisions shall be signed by a facilitator.

(b) A decision or request made or communicated by a decision-maker
with the assistance of a supporter in accordance with the provisions of
a supported decision-making agreement must, notwithstanding any other
provision of law, be recognized as the decision or request of the
decision-maker and may be enforced by the decision-maker in law or
equity on the same basis as all others.

(c) A person, entity, or agency required to recognize and honor a
decision made pursuant to a supported decision-making agreement
authorized by this section may require the decision-maker to execute or
endorse an attestation, as provided in paragraph three of subdivision
(d) of section 82.10 of this article, as a condition of recognizing and
honoring the decision.

(d) A person, entity, or agency that receives a supported
decision-making agreement must honor a decision made in accordance with
the agreement, unless the person, entity, or agency has substantial
cause to believe the supported decision-making agreement has been
revoked, or the decision-maker is being abused, coerced, unduly
influenced, or financially exploited by the supporter, or that the
decision will cause the decision-maker substantial and imminent physical
or financial harm.

* 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.