Current with changes from the 2024 Legislative Session effective on or before 7/1/2024, from Chs.. 2 through 1049
Section 18-105 - Duties of supporter(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(7)(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; and2. 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;(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.Added by 2022 Md. Laws, Ch. 631, Sec. 1, eff. 10/1/2022.