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National Resource Center for Supported Decision Making
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New York

New York

Overview

New York enacted supported decision-making legislation in 2021. New York’s legislative recognition of supported decision-making is significant because it acknowledges the ability of individuals with disabilities to live independent lives, and avoid guardianship. It is also consistent with New York’s policy of encouraging individuals with developmental disabilities to advocate for themselves[46] through “person centered planning,[47] and “Person First Transformation” in order to “improve opportunities for individuals with developmental disabilities in the areas of employment, integrated living, and self-direction of services.”[48] Supported decision-making as well as decision-making alternatives to guardianship should be included as alternative options in New York’s developmental disabilities guardianship statute so that families and individuals with developmental disabilities are fully informed about their choices.

Guardianship Laws

Supported Decision-Making

Supported Decision-Making Statute

State Legislation

  • A.B. 6308, 2023 Gen. Assem. (NY 2023)
    • Description: Provides that substituted consent by a guardian, health care proxy, or other third party shall not authorize a procedure resulting in sterilization in the absence of the informed consent of the person being sterilized.
    • Status: Referred to health on January 3, 2024.
  • S.B. 779, 2023 Gen. Assem. (NY 2023)
    • Description: Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.
    • Status: Referred to Mental Health on January 3, 2024.

Case Law

  • Matter of Robert C.B., 125 N.Y.S.3d 253 (N.Y. Sur. Ct., Dutchess Cty. 2020) (granting termination of guardianship of the person and denying termination of property guardian).
  • Matter of Eli T., 89 N.Y.S.3d 844, 849 (N.Y. Sur. Ct., Kings Cty. 2018) (denying petition for appointment of co-guardians in part because Supported Decision-Making was an available option)
  • Matter of Guardianship of Capurso., 98 N.Y.S.3d 381, 384 (N.Y. Sur. Ct., Westchester Cty. 2019) (granting petition to terminate guardianship in favor of Supported Decision-Making)
  • In re Dameris L.. 956 N.Y.S.2d 848 (N.Y. Sur. Ct. 2012) (terminating guardianship of a person with intellectual disability in favor of supported decision-making)
  • Guardian for A. E. 2015-XXXX, 2015 NYLJ LEXIS 4377 (N.Y. Sur. Ct. Kings County 8/17/15) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Matter of D.D., 50 N.Y. Misc. 3d 666 (N.Y. Sur. Ct., Kings County 10/28/15) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Matter of Hytham M. G., 2016 N.Y. Misc LEXIS 2722 (N.Y. Sur. Ct., Kings County, 4/14/16) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Matter of Michelle M.,  2016 N.Y. Misc LEXIS 2719 (N.Y. Sur. Ct., Kings County 7/22/16) (dismissing guardianship petition because of, among other things, the availability of supported decision-making)
  • Estate of Hilton, 2017 NYLJ LEXIS 284 (N.Y. Sur. Ct., Kings County 2/3/2017) (dismissing the guardianship because of, among other things, the availability of supported decision-making)
  • Estate of Albert J., 2017 NYLJ LEXIS 475 (N.Y. Sur. Ct., Kings County 2/27/17) (dismissing the guardianship because of, among other things, the availability of supported decision-making)
  • Guardian for Simone A., 69 Misc. 3d 1207 (A) (N.Y. Sup. Ct. Kings Cty. 2020) (denying guardianship because the individual had sufficient capacity to make decisions and be independent with the support of professionals including via supported decision making, and if more support was desired, other alternatives to guardianship such as durable power of attorney and health care proxies could “provide targeted assistance without whully supplanting Simone’s fundamental right to make decisions that affect her affairs.”)
  • Matter of Joshua J.K., 2021 N.Y. Slip Op. 21069 (N.Y. Sur. Ct. Westchester Cty., Mar. 1, 2021) (granting termination of guardianship of the property, removing mother as guardian of person, and replacing guardian of person with professional guardianship through NYSARC, noting that a temporary guardianship may have been appropriate but the N.Y. statute lacks sufficient flexibility, and also noting that Joshua should return to terminate the guardian at such a time that one is no longer needed.).
  • Matter of Marion T., 36 N.Y.3d 44 (2020) (hulding that “consent of 64-year uld woman, who had profound intellectual disability and very limited verbal ability, was unnecessary for her adoption by petitioners.”).

State Grant Programs

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Information Last Updated: January 24, 2025

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