This text of New York § 82.01 (Legislative findings and purpose) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 82.01 Legislative findings and purpose.\n (a) The legislature finds that a person's right to make their own\ndecisions is critical to their autonomy and self-determination. People\nwith intellectual, developmental, cognitive and psychosocial\ndisabilities are often denied that right because of stigma and outdated\nbeliefs about their capability. This right is denied, despite the\nreality that very few people make decisions entirely on their own.\nEveryone uses supports, as do people with disabilities; who may just\nneed more or different kinds of supports.\n (b) The legislature further finds that the, now well recognized,\npractice of supported decision-making is a way in which many people with\ndisabilities can make their own decisions with the support they need\nfrom trusted person
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* § 82.01 Legislative findings and purpose.\n (a) The legislature finds that a person's right to make their own\ndecisions is critical to their autonomy and self-determination. People\nwith intellectual, developmental, cognitive and psychosocial\ndisabilities are often denied that right because of stigma and outdated\nbeliefs about their capability. This right is denied, despite the\nreality that very few people make decisions entirely on their own.\nEveryone uses supports, as do people with disabilities; who may just\nneed more or different kinds of supports.\n (b) The legislature further finds that the, now well recognized,\npractice of supported decision-making is a way in which many people with\ndisabilities can make their own decisions with the support they need\nfrom trusted persons in their lives, and that supported decision-making\ncan be a less restrictive alternative to guardianship. Recognizing that\nsupported decision-making can take a variety of forms, the legislature\nfinds that a more formal process, resulting in a supported\ndecision-making agreement between the person with a disability (the\ndecision-maker) and their supporter or supporters, can provide the basis\nfor requiring third parties, who might otherwise question a person's\nlegal capacity because of their disability, to recognize their decisions\non the same basis as others. When this more formal process is followed,\npeople with disabilities can make choices confident that they will be\nrespected by others and knowing they will be solely responsible for\ntheir own decisions.\n (c) The legislature further finds that supported decision-making and\nsupported decision-making agreements should be encouraged when\nappropriate for persons with disabilities, and that the execution of a\nsupported decision-making agreement should not detrimentally impact the\neligibility of a person for other services, including adult protective\nservices.\n (d) The legislature also strongly urges relevant state agencies and\ncivil society to research and develop appropriate and effective means of\nsupport for older persons with cognitive decline, persons with traumatic\nbrain injuries, and persons with psychosocial disabilities, so that full\nlegislative recognition can also be accorded to the decisions made with\nsupported decision-making agreements by persons with such conditions,\nbased on a consensus about what kinds of support are most effective and\nhow they can best be delivered.\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