{"data":{"id":"us-md/md.-code-estates-and-trusts-18-104","jurisdiction":"us-md","citation":"Md. Code, Estates and Trusts § 18–104","heading":"","body":"(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.\n(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.\n(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.\n(2) A supported decision–making agreement or any provision of the agreement does not:\n(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\n(ii) Supplant or grant authority or agency powers contemplated by a power of attorney or an advance directive.\n(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:\n(1) Gathering information;\n(2) Understanding and interpreting information;\n(3) Weighing options and alternatives to a decision;\n(4) Understanding the consequences of making or not making a decision;\n(5) Participating in conversations with third parties with the adult’s explicit authorization; and\n(6) Providing the adult with support and advocacy in implementing a decision.\n(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.\n(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.\n(f) Execution of a supported decision–making agreement may not be a condition of participating in any activity, service, or program.","path":["Article - Estates and Trusts"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get\u0026section=18-104","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:07Z","sha256":"6e043c27d24aaa82966d6cf5cdc8e55ca4439d1387bd4e6dff4ec1696cf72dc6","source_id":"us-md","stale":false,"prev":"us-md/md.-code-estates-and-trusts-18-103","next":"us-md/md.-code-estates-and-trusts-18-105"},"notice":"GroundRules: Original legal text. Not legal advice."}