Maryland Code § ET-18-104

Section ET-18-104
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(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.

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