§ 18–105
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 18-105 (2026)
Title 18. Supported Decision Making
Subtitle 1
§ 18–105LinkCopy Citation
(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.