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§ 18-105. Duties of supporter

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, § 18-105
§ 18-105. Duties of supporter
Currentness
In general
(a) A supporter shall:
(1) Support the will and preference of the adult and not the supporter's opinion of the reasonableness of the adult's wishes, preferences, or choices;
(2) Act honestly, diligently, and in good faith;
(3) Act within the authority given in the supported decision-making agreement;
(4) Avoid conflicts of interest;
(5) Maintain records, which the supporter shall make available to the adult on request, concerning:
(i) The supporter's actions under the supported decision-making agreement; and
(ii) How the adult communicates and expresses opinions to the supporter;
(6) Keep any records and information obtained under a supported decision-making agreement:
(i) Subject to the limitations under Title 9, Subtitle 1 of the Courts Article, confidential and privileged; and
(ii) Secure from unauthorized access, use, or disclosure; and
(7)(i) Deliver a copy of the supported decision-making agreement to any duly appointed guardian of the person or property of the adult; and
(ii) 1. Make a good faith effort to determine if the adult has a fully executed power of attorney, advance directive, or revocable trust agreement; and
2. Unless the adult expressly objects, deliver a copy of the supported decision-making agreement to any agent designated under a power of attorney or an advance directive or any trustee under a revocable trust agreement.
Relation between adult and supporter
(b) The relationship between the adult and the supporter shall be one of trust and confidence that preserves the decision-making authority of the adult.
Prohibited actions
(c) A supporter may not:
(1) Make decisions on behalf of the adult;
(2) Exert undue influence on the adult;
(3) Coerce the adult;
(4) Obtain information about the adult without the adult's consent;
(5) Enforce decisions made by the adult; or
(6) Act outside of the authority granted in the supported decision-making agreement.

Credits

Added by Acts 2022, c. 631, § 1, eff. Oct. 1, 2022.
MD Code, Estates and Trusts, § 18-105, MD EST & TRST § 18-105
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