Maryland § 18-104

§ 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.

    (b)    (1)    (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.