# Estates and Trusts (GET)

## Title 18. Supported Decision Making

### Subtitle 1

#### Section 18-105

(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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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)