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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
Currentness
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 April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document