Bill Summary: A08586

• Establishes Article 82 of Mental Hygiene Law creating a legal framework for "supported decision-making agreements" allowing adults with intellectual, developmental, cognitive, and psychosocial disabilities to make their own decisions with trusted supporters' assistance.

• Presumes all adults have capacity to enter supported decision-making agreements unless they have a court-appointed guardian with conflicting authority; diagnosis of disability alone cannot be used as evidence of incapacity.

• Permits decision-makers to authorize supporters to gather information, interpret data, weigh options, participate in conversations with third parties, and communicate decisions, while prohibiting supporters from making decisions on behalf of the decision-maker or exerting undue influence.

• Requires formal supported decision-making agreements to be in writing, dated, designate supporters, list decision categories, and be signed by a facilitator to have legal force requiring third parties to recognize and honor the decision-maker's choices.

• Provides liability protections for health care providers and other third parties acting in good faith based on duly executed supported decision-making agreements, contingent on no actual knowledge of revocation or supporter misconduct.