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Md. Code Ann., Est. & Trusts § 18-104

(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.

(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.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.