§ 82.03 — Presumption of capacity

New York § 82.03

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 82: Supported Decision-making

Text

* § 82.03 Presumption of capacity.\n (a) For the purposes of this article, every adult shall be presumed to\nhave the capacity to enter into a supported decision-making agreement,\nunless that adult has a legal guardian, appointed by a court of\ncompetent jurisdiction, whose granted authority is in conflict with the\nproposed supported decision-making agreement. This presumption may be\nrebutted only by clear and convincing evidence.\n (b) Capacity shall include capacity with decision-making support\nand/or accommodations.\n (c) A diagnosis of a developmental or other disability or condition\nshall not constitute evidence of incapacity.\n (d) The manner in which an adult communicates with others shall not\nconstitute evidence of incapacity.\n (e) Neither the execution of a supported decision-making agreement by\nan individual, nor the interest in or wish to execute a supported\ndecision-making agreement by an individual, nor the failure of an\nindividual to execute a supported decision-making agreement may be used\nor considered as evidence that the individual lacks capacity, or to deny\nthe decision-maker benefits to which they are otherwise entitled,\nincluding adult protective services.\n (f) A decision-maker may make and execute a supported decision-making\nagreement, if the decision-maker understands that they are making and\nexecuting an agreement with their chosen supporters and that they are\ndoing so voluntarily.\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