Md. Code Regs. 10.07.05.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.05.13 - Client Representative

A. An agency shall recognize the authority of:

(1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;

(2) A guardian of the property under Estates and Trusts Article, §13-201, Annotated Code of Maryland;

(3) An advanced directive that meets the requirements of Health-General Article, §5-602, Annotated Code of Maryland;

(4) A surrogate decision maker with the authority under Health-General Article, §5-605, Annotated Code of Maryland;

(5) A power of attorney that meets the requirements of Estates and Trusts Article, Title 17, Annotated Code of Maryland;

(6) A representative payee or other similar fiduciary; or

(7) Any other person, if that person was designated by a client who was competent at the time of designation, and the client or client representative has provided the agency with documentation of the designation.

B. An agency may not recognize the authority of a client representative if the representative attempts to exceed the authority:

(1) Stated in the instrument that grants the representative authority; or

(2) Established by State law.

C. An agency shall:

(1) Document in the client's record the name of the person, if any, with the authority identified in §A of this regulation; or

(2) Include the documentation creating the authority in the record.

Md. Code Regs. 10.07.05.13

Regulations .13 adopted effective May 1, 2012 (38:21 Md. R. 1277)