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Maryland Code, Estates and Trusts § 18-105

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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.

(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.

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Cite this article: FindLaw.com - Maryland Code, Estates and Trusts § 18-105 - last updated January 01, 2025 | https://codes.findlaw.com/md/estates-and-trusts/md-code-est-and-trst-sect-18-105/

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