N.Y. MHY Law § 82.10

* § 82.10 Form of agreement.\n (a) A supported decision-making agreement may be in any form\nconsistent with the requirements set forth in this article.\n (b) A supported decision-making agreement must:\n 1. be in writing;\n 2. be dated;\n 3. designate the decision-maker, and at least one supporter;\n 4. list the categories of decisions with which a supporter is\nauthorized to assist the decision-maker;\n 5. list the kinds of support that each supporter may give for each\narea in which they are designated as a supporter;\n 6. contain an attestation that the supporters agree to honor the right\nof the decision-maker to make their own decisions in the ways and areas\nspecified in the agreement, respect the decision-maker's decisions, and,\nfurther, that they will not make decisions for the decision-maker;\n 7. state that the decision-maker may change, amend, or revoke the\nsupported decision-making agreement at any time for any reason, subject\nto the requirements of section 82.06 of this article;\n 8. be signed by all designated supporters; and\n 9. be executed or endorsed by the decision-maker in the presence of at\nleast two adult witnesses who are not also designated as supporters, or\nwith the attestation of a notary public.\n (c) A supported decision-making agreement may:\n 1. appoint more than one supporter;\n 2. authorize a supporter to obtain personal information as described\nin subdivision (e) of section 82.05 of this article;\n 3. authorize a supporter to share information with any other supporter\nor others named in the agreement; or\n 4. detail any other limitations on the scope of a supporter's role\nthat the decision-maker deems important.\n (d) In order to be subject to the provisions of section 82.11 and\nsubdivisions (b) through (d) of section 82.12 of this article, a\nsupported decision-making agreement must also:\n 1. be signed by a facilitator or educator;\n 2. include a statement that the supported decision-making agreement\nwas made in accordance with a recognized facilitation and/or education\nprocess; and\n 3. include an attached attestation by the decision-maker that a\nparticular decision has been made in accordance with the support\ndescribed in the supported decision-making agreement.\n * NB Effective 90 days from the date that the regulations issued in\naccordance with § 1 of chapter 481 of 2022 appear in the New York State\nRegister or the date such regulations are adopted, whichever is later.\n