Tuesday, January 17, 2023

MENTAL HEALTH LAW ARTICLE 82


Enacted in July 2022, it takes effect 90 days after the adoption of the appropriate regulations. 

The purpose: "To add Article 82 to the Mental Hygiene Law, identifying Supported Decision Making as a less restrictive alternative to guardianship and to create additional support and autonomy to individuals needing assistance to make decisions for themselves. Creates obligations and corresponding immunity from liability for third patties in order to effectuate supported decisions made with a Supported Decision Making Agreement. Allows regulations to be promulgated by state agencies serving a myriad of individuals who may benefit by less restrictive support, such as the Office for People With Developmental Disabilities, Office of Children and Family Services and the Office for the Aging."

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