§ 18-104
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§18–104.
(a)Except as provided in subsection
(b)of this section, an adult may voluntarily, without undue influence or coercion, enter into a supported decision–making agreement with a supporter or supporters.
(i)If a person under guardianship enters into a supported decision–making agreement under this title, the agreement does not supplant the authority of a guardian of the adult, unless the court authorizes the limitation or removal of guardianship due to the existence of a supported decision–making agreement.
(ii)A guardian may not prevent an adult from entering into a valid supported decision–making agreement that does not supplant the authority of the guardian without good cause.
(2)A supported decision–making agreement or any provision of the agreement does not:
(i)Supplant the authority of an agent under a power of attorney executed in accordance with Title 17 of this article or an advance directive executed in accordance with Title 5, Subtitle 6 of the Health – General Article; or
(ii)Supplant or grant authority or agency powers contemplated by a power of attorney or an advance directive.
(c)If an adult voluntarily enters into a supported decision–making agreement with one or more supporters, the adult may authorize a supporter to provide support to the adult in making decisions in areas of the adult’s choosing, including:
(1)Gathering information;
(2)Understanding and interpreting information;
(3)Weighing options and alternatives to a decision;
(4)Understanding the consequences of making or not making a decision;
(5)Participating in conversations with third parties with the adult’s explicit authorization; and
(6)Providing the adult with support and advocacy in implementing a decision.
(d)Nothing in this title or the existence of a supported decision–making agreement may preclude the adult from acting independently of a supported decision–making agreement.
(e)The availability of a supported decision–making agreement is not intended to limit the informal use of supported decision making or to preclude judicial consideration of informal supported decision–making arrangements as a less restrictive alternative to guardianship.
(f)Execution of a supported decision–making agreement may not be a condition of participating in any activity, service, or program.