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§ 18-103. Utilization of supported decision making

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2022

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 18. Supported Decision Making (Refs & Annos)
Effective: October 1, 2022
MD Code, Estates and Trusts, § 18-103
§ 18-103. Utilization of supported decision making
In general
(a) An adult may utilize supported decision making to:
(1) Increase the adult's self-determination;
(2) Prevent the need for the appointment of a substitute decision maker; or
(3) Limit or terminate the use of a substitute decision maker.
Assumption of ability to make supported decision-making agreement
(b) All adults are presumed capable of making a supported decision-making agreement.
Manner in which adult communicates not grounds for determining incapacity
(c) The manner in which an adult communicates with others is not grounds for determining that the adult is incapable of making, changing, or revoking a supported decision-making agreement.
Actions prohibited because of execution of supported decision-making agreement
(d) Execution of a supported decision-making agreement by an adult may not:
(1) Be used as evidence of incapacity; or
(2) Preclude the ability of the adult to:
(i) Act independently of a supported decision-making agreement; or
(ii) Access the adult's personal information without a supporter.

Credits

Added by Acts 2022, c. 631, § 1, eff. Oct. 1, 2022.
MD Code, Estates and Trusts, § 18-103, MD EST & TRST § 18-103
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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