* § 82.08 Eligibility and resignation of supporters.\n (a) A supporter shall be any adult chosen by the decision-maker; if\nthe supporter chosen by the decision-maker is an employee of a provider\nfrom whom the decision-maker receives services, the employee and the\nprovider shall follow the requirements set out in regulations\npromulgated by the office for people with developmental disabilities, or\nother appropriate regulatory body which address those circumstances,\nwith attention paid to relative labor law and employment obligations and\npossible conflicts of interest or the appearance of a conflict of\ninterest.\n (b) An individual who has been chosen by the decision-maker to be a\nsupporter, or who has entered into a supported decision-making agreement\nas a supporter, shall be deemed ineligible to act, or continue to serve\nas supporter upon the occurrence of any of the following:\n 1. a court authorizes a protective order or restraining order against\nthe supporter on request of or on behalf of the decision-maker; or\n 2. the local department of social services has found that the\nsupporter has committed abuse, neglect, financial exploitation, or\nphysical coercion against the decision-maker as such terms are defined\nin section 82.02 of this article.\n (c) A supporter may resign as supporter by written or oral notice to\nthe decision-maker and the remaining supporters.\n (d) If the supported decision-making agreement includes more than one\nsupporter or is amended to replace the supporter who is ineligible under\nsubdivision (b) of this section or resigns under subdivision (c) of this\nsection, the supported decision-making agreement shall survive for the\nremaining supporters, unless it is otherwise revoked under section 82.07\nof this article.\n (e) If the supported decision-making agreement does not include more\nthan one supporter, and is not amended to replace the supporter who\nbecomes ineligible under subdivision (b) of this section or resigns\nunder subdivision (c) of this section, the supported decision-making\nagreement shall be considered terminated.\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
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