Home Table of Contents

§ 18-109. Liability of third party

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, § 18-109
§ 18-109. Liability of third party
Currentness
In general
(a) A third party is not subject to civil or criminal liability or discipline for unprofessional conduct for:
(1) If the third party acted in good faith reliance on a decision made by an adult utilizing a supported decision-making agreement, complying with an adult's decision in accordance with a supported decision-making agreement or otherwise complying with a supported decision-making agreement based on a good faith assumption that the supported decision-making agreement was valid when made and not revoked or abrogated; or
(2) Declining to honor a decision made by an adult utilizing a supported decision-making agreement or failing to comply with a supported decision-making agreement based on a reasonable good faith belief that:
(i) The agreement was invalid, revoked, or abrogated; or
(ii) A supporter was coercing or unduly influencing the adult or otherwise acting outside the scope of the agreement.
Construction of section
(b) This section may not be construed to provide immunity from actions alleging that a third party has:
(1) Caused personal injury as a result of a negligent, reckless, or intentional act;
(2) Failed to give effect to an adult's decision made in accordance with a valid decision-making agreement;
(3) Failed to provide information either to the adult or a supporter of the adult that would be necessary for informed consent; or
(4) Otherwise acted inconsistently with applicable law.

Credits

Added by Acts 2022, c. 631, § 1, eff. Oct. 1, 2022.
MD Code, Estates and Trusts, § 18-109, MD EST & TRST § 18-109
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