Maryland Code, ESTATES AND TRUSTS 18-104
Terms Used In Maryland Code, ESTATES AND TRUSTS 18-104
- Adult: means an individual at least 18 years old. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(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.
(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.
(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.
(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.
(f) Execution of a supported decision-making agreement may not be a condition of participating in any activity, service, or program.