Current with changes from the 2024 Legislative Session
Section 18-104 - Guardianship(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.Added by 2022 Md. Laws, Ch. 631, Sec. 1, eff. 10/1/2022.