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§ 18-104. Entering into supported decision-making agreement

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, § 18-104
§ 18-104. Entering into supported decision-making agreement
Ability to enter into supported decision-making agreement
(a) Except as provided in subsection (b) of this section, an adult may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter or supporters.
Agreement does not supplant authority of guardian of adult, power of attorney or advance directive
(b)(1)(i) If a person under guardianship enters into a supported decision-making agreement under this title, the agreement does not supplant the authority of a guardian of the adult, unless the court authorizes the limitation or removal of guardianship due to the existence of a supported decision-making agreement.
(ii) A guardian may not prevent an adult from entering into a valid supported decision-making agreement that does not supplant the authority of the guardian without good cause.
(2) A supported decision-making agreement or any provision of the agreement does not:
(i) Supplant the authority of an agent under a power of attorney executed in accordance with Title 17 of this article or an advance directive executed in accordance with Title 5, Subtitle 6 of the Health--General Article; or
(ii) Supplant or grant authority or agency powers contemplated by a power of attorney or an advance directive.
In general
(c) If an adult voluntarily enters into a supported decision-making agreement with one or more supporters, the adult may authorize a supporter to provide support to the adult in making decisions in areas of the adult's choosing, including:
(1) Gathering information;
(2) Understanding and interpreting information;
(3) Weighing options and alternatives to a decision;
(4) Understanding the consequences of making or not making a decision;
(5) Participating in conversations with third parties with the adult's explicit authorization; and
(6) Providing the adult with support and advocacy in implementing a decision.
Scope of title
(d) Nothing in this title or the existence of a supported decision-making agreement may preclude the adult from acting independently of a supported decision-making agreement.
Affect on informal use of supported decision making
(e) The availability of a supported decision-making agreement is not intended to limit the informal use of supported decision making or to preclude judicial consideration of informal supported decision-making arrangements as a less restrictive alternative to guardianship.
Prohibited actions
(f) Execution of a supported decision-making agreement may not be a condition of participating in any activity, service, or program.

Credits

Added by Acts 2022, c. 631, § 1, eff. Oct. 1, 2022.
MD Code, Estates and Trusts, § 18-104, MD EST & TRST § 18-104
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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