* § 82.11 Legal effect of decisions made with support and third party\n obligations.\n (a) This section shall apply only to decisions made pursuant to\nsupported decision-making agreements created in accordance with this\narticle and following a recognized supported decision-making\nfacilitation or education process, as prescribed by regulations\ngoverning the facilitation and education processes promulgated by the\noffice for people with developmental disabilities. Additionally, such\ndecisions shall be signed by a facilitator.\n (b) A decision or request made or communicated by a decision-maker\nwith the assistance of a supporter in accordance with the provisions of\na supported decision-making agreement must, notwithstanding any other\nprovision of law, be recognized as the decision or request of the\ndecision-maker and may be enforced by the decision-maker in law or\nequity on the same basis as all others.\n (c) A person, entity, or agency required to recognize and honor a\ndecision made pursuant to a supported decision-making agreement\nauthorized by this section may require the decision-maker to execute or\nendorse an attestation, as provided in paragraph three of subdivision\n(d) of section 82.10 of this article, as a condition of recognizing and\nhonoring the decision.\n (d) A person, entity, or agency that receives a supported\ndecision-making agreement must honor a decision made in accordance with\nthe agreement, unless the person, entity, or agency has substantial\ncause to believe the supported decision-making agreement has been\nrevoked, or the decision-maker is being abused, coerced, unduly\ninfluenced, or financially exploited by the supporter, or that the\ndecision will cause the decision-maker substantial and imminent physical\nor financial harm.\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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