<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 10.07.09.03" title_num="10" subtitle_num="07" chapter_num="09" heading="Resident's Representative.">
  <paragraph num="A.">
    <text>A nursing facility or nursing facility's agent shall recognize the authority of:</text>
    <paragraph num="(1)">
      <text>A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A guardian of the property under the Estates and Trusts Article, §13-201, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An advance directive established in compliance with Health-General Article, §5-602, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A surrogate decision maker with authority under Health-General Article, §5-605, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A power of attorney established in compliance with Estates and Trusts Article, §13-601, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>An individual exercising a resident's rights pursuant to Health-General Article, §19-344(r), Annotated Code of Maryland, but not for purposes of medical care or treatment;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A representative payee or other similar fiduciary;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>An agent as defined in Health-General Article, §19-344(c), Annotated Code of Maryland; or</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A person if that person was designated by a resident who was not disabled at the time the designation was made and if the resident or representative has provided the nursing facility with documentation of the designation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A nursing facility may not recognize the authority of a resident's representative if the representative attempts to exceed the authority:</text>
    <paragraph num="(1)">
      <text>Stated in the instrument that grants the representative authority; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Established by State law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A facility shall document in the resident's record the name of a representative listed in this regulation, including a copy, when applicable, of the designation.</text>
  </paragraph>
</regulation>