(a) A supported decision-making agreement may be in any form
consistent with the requirements set forth in this article.
(b) A supported decision-making agreement must:
1. be in writing;
2. be dated;
3. designate the decision-maker, and at least one supporter;
4. list the categories of decisions with which a supporter is
authorized to assist the decision-maker;
5. list the kinds of support that each supporter may give for each
area in which they are designated as a supporter;
6. contain an attestation that the supporters agree to honor the right
of the decision-maker to make their own decisions in the ways and areas
specified in the agreement, respect the decision-maker's decisions, and,
further, that they will not make decisions for the decision-maker;
7. state that the decision-maker may change, amend, or revoke the
supported decision-making agreement at any time for any reason, subject
to the requirements of section 82.06 of this article;
8. be signed by all designated supporters; and
9. be executed or endorsed by the decision-maker in the presence of at
least two adult witnesses who are not also designated as supporters, or
with the attestation of a notary public.
(c) A supported decision-making agreement may:
1. appoint more than one supporter;
2. authorize a supporter to obtain personal information as described
in subdivision (e) of section 82.05 of this article;
3. authorize a supporter to share information with any other supporter
or others named in the agreement; or
4. detail any other limitations on the scope of a supporter's role
that the decision-maker deems important.
(d) In order to be subject to the provisions of section 82.11 and
subdivisions (b) through (d) of section 82.12 of this article, a
supported decision-making agreement must also:
1. be signed by a facilitator or educator;
2. include a statement that the supported decision-making agreement
was made in accordance with a recognized facilitation and/or education
process; and
3. include an attached attestation by the decision-maker that a
particular decision has been made in accordance with the support
described in the supported decision-making agreement.
* NB Effective 90 days from the date that the regulations issued in
accordance with ยง 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
Structure New York Laws
Article 82 - Supported Decision-Making
82.01 - Legislative Findings and Purpose.
82.03 - Presumption of Capacity.
82.05 - Duties, Responsibilities, and Authority of Supporters.
82.06 - Formation and Term of Agreement.
82.07 - Revocation and Amendment of Agreement.
82.08 - Eligibility and Resignation of Supporters.
82.09 - Facilitation of Agreement.
82.11 - Legal Effect of Decisions Made With Support and Third Party Obligations.
82.12 - Limitations on Liability.
82.14 - Reporting Abuse, Coercion, Undue Influence, or Financial Exploitation.