<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".35" citation="COMAR 10.07.14.35" title_num="10" subtitle_num="07" chapter_num="14" heading="Resident Representative.">
  <paragraph num="A.">
    <text>An assisted living program shall recognize the applicable 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 Estates and Trusts Article, §13-201, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An advance directive that meets the requirements of 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 that meets the requirements under Estates and Trusts Article, Title 17, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A representative payee or other similar fiduciary; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Any other person, if that person was designated by a resident who was competent at the time of designation, and the resident or representative has provided the assisted living program with documentation of the designation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Representative Payee or Other Similar Fiduciary.</text>
    <paragraph num="(1)">
      <text>An assisted living program staff member who serves as a representative payee for a resident may not be considered the resident representative.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An assisted living program shall notify the Department if an assisted living program staff member is designated as the representative payee for a resident.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An assisted living program shall document in the resident’s record the name of the person, if any, with the authority identified in §A of this regulation or include the documentation in the record.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An assisted living program may not recognize the authority of a resident 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 federal or State law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>An assisted living program who commits financial exploitation of a resident shall be in violation of this chapter as well as applicable civil and criminal laws.</text>
  </paragraph>
</regulation>