Maryland Code, ESTATES AND TRUSTS 18-107
Terms Used In Maryland Code, ESTATES AND TRUSTS 18-107
- Adult: means an individual at least 18 years old. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trustee: A person or institution holding and administering property in trust.
(b) A supported decision-making agreement shall:
(1) Be documented in writing;
(2) Be dated;
(3) Name at least one supporter;
(4) Describe the decision-making assistance that each supporter may provide the adult;
(5) Describe how the supporters may work together if there is more than one supporter;
(6) Describe how any perceived or actual conflict of interest between the supporter or supporters and the adult shall be mitigated;
(7) Document how the adult selected the supporter or supporters;
(8) Be approved by the court if the adult has been appointed a guardian of the person or property and the supported decision-making agreement affects the authority of the guardian;
(9) State that:
(i) The supporter or supporters may not make decisions or effectuate transactions for the adult; and
(ii) The supported decision-making agreement or any provision of the agreement does not:
1. Authorize the supporter or supporters to act on behalf of the adult;
2. 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
3. Supplant or grant authority or agency powers contemplated by a power of attorney or an advance directive;
(10) Contain an attestation that the supporter or supporters agree to honor the right of the adult to make decisions and that the supporter or supporters will not make decisions for the adult;
(11) Be signed by the adult and the supporter or supporters, with each signature witnessed by two adults who are not:
(i) A supporter for the adult; or
(ii) An employee or agent of a supporter named in the supported decision-making agreement; and
(12) If the adult has a fully executed power of attorney, advance directive, or revocable trust agreement and the adult does not expressly object, deliver a copy of the supported decision-making agreement to the agent designated under the power of attorney or advance directive or any trustee under the revocable trust agreement.
(c) A supported decision-making agreement may:
(1) Appoint more than one supporter; and
(2) Appoint an alternate to act in the place of a supporter in circumstances specified in the agreement.