§ 18-105
291 words·~1 min read·
/md/estates-and-trusts/18-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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
(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.