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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
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.


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 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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