MD
Maryland Senate Bill SB559

Maryland 2022 Regular Session

Maryland Senate Bill SB559 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 631
21
3-– 1 –
4-Chapter 631
5-(Senate Bill 559)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0559*
89
9-Estates and Trusts – Supported Decision Making
10+SENATE BILL 559
11+N2 2lr1148
12+ CF HB 529
13+By: Senators Waldstreicher, Smith, Lee, Hettleman, Zucker, and Guzzone
14+Introduced and read first time: January 31, 2022
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 22, 2022
1019
11-FOR the purpose of authorizing the use of supported decision making to assist an adult
12-through the provision of support for the adult in making, communicating, or
13-effectuating decisions and preventing the need for the appointment of certain
14-substitute decision makers for the adult; authorizing recognizing the right of an
15-adult to enter into a supported decision–making agreement with one or more
16-supporters under certain circumstances; providing immunity from civil or criminal
17-liability under certain circumstances; and generally relating to supported decision
18-making for adults.
20+CHAPTER ______
1921
20-BY adding to
21- Article – Estates and Trusts
22-Section 18–101 through 18–109 to be under the new title “Title 18. Supported
23-Decision Making”
24- Annotated Code of Maryland
25- (2017 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2623
27-BY repealing and reenacting, without amendments,
28- Article – Health – General
29-Section 5–601(a)
30- Annotated Code of Maryland
31- (2019 Replacement Volume and 2021 Supplement)
24+Estates and Trusts – Supported Decision Making 2
3225
33-BY repealing and reenacting, with amendments,
34- Article – Health – General
35- Section 5–601(o)
36- Annotated Code of Maryland
37- (2019 Replacement Volume and 2021 Supplement)
26+FOR the purpose of authorizing the use of supported decision making to assist an adult 3
27+through the provision of support for the adult in making, communicating, or 4
28+effectuating decisions and preventing the need for the appointment of certain 5
29+substitute decision makers for the adult; authorizing recognizing the right of an 6
30+adult to enter into a supported decision–making agreement with one or more 7
31+supporters under certain circumstances; providing immunity from civil or criminal 8
32+liability under certain circumstances; and generally relating to supported decision 9
33+making for adults. 10
3834
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
35+BY adding to 11
36+ Article – Estates and Trusts 12
37+Section 18–101 through 18–109 to be under the new title “Title 18. Supported 13
38+Decision Making” 14
39+ Annotated Code of Maryland 15
40+ (2017 Replacement Volume and 2021 Supplement) 16
4141
42-Article – Estates and Trusts
42+BY repealing and reenacting, without amendments, 17
43+ Article – Health – General 18
44+Section 5–601(a) 19
45+ Annotated Code of Maryland 20
46+ (2019 Replacement Volume and 2021 Supplement) 21
4347
44-TITLE 18. SUPPORTED DECISION MAKING.
48+BY repealing and reenacting, with amendments, 22 2 SENATE BILL 559
4549
46-18–101.
47- Ch. 631 2022 LAWS OF MARYLAND
4850
49-– 2 –
50- (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS
51-INDICATED.
51+ Article – Health – General 1
52+ Section 5–601(o) 2
53+ Annotated Code of Maryland 3
54+ (2019 Replacement Volume and 2021 Supplement) 4
5255
53- (B) “SUPPORTED DECISION MA KING” MEANS A PROCESS BY W HICH AN
54-ADULT, WITH OR WITHOUT HAVI NG ENTERED A SUPPORT ED DECISION–MAKING
55-AGREEMENT , UTILIZES SUPPORT FRO M A SERIES OF RELATI ONSHIPS IN ORDER TO
56-MAKE, COMMUNICATE , OR EFFECTUATE THE AD ULT’S OWN LIFE DECISIONS .
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
5758
58- (C) “SUPPORTED DECISION –MAKING AGREEMENT ” MEANS AN
59-ARRANGEMENT BETWEEN AN ADULT AND A SUPPO RTER OR SUPPORTERS T HAT
60-DESCRIBES:
59+Article – Estates and Trusts 7
6160
62- (1) HOW THE ADULT USES SU PPORTED DECISION MAK ING TO MAKE
63-DECISIONS;
61+TITLE 18. SUPPORTED DECISION MAKING. 8
6462
65- (2) THE RIGHTS OF THE ADU LT; AND
63+18–101. 9
6664
67- (3) THE RESPONSIBILITIES OF THE SUPPORTER OR SUPPORTERS .
65+ (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 10
66+INDICATED. 11
6867
69- (D) “SUPPORTER” MEANS AN INDIVIDUAL SELECTED BY AN ADULT TO
70-PROVIDE SUPPORT IN MAKING, COMMUNICATING , OR EFFECTUATING THE ADULT’S
71-OWN LIFE DECISIONS .
68+ (B) “SUPPORTED DECISION MA KING” MEANS A PROCESS BY W HICH AN 12
69+ADULT, WITH OR WITHOUT HAVI NG ENTERED A SUPPORT ED DECISION–MAKING 13
70+AGREEMENT , UTILIZES SUPPORT FRO M A SERIES OF RELATI ONSHIPS IN ORDER TO 14
71+MAKE, COMMUNICATE , OR EFFECTUATE THE AD ULT’S OWN LIFE DECISIONS . 15
7272
73-18–102.
73+ (C) “SUPPORTED DECISION –MAKING AGREEMENT ” MEANS AN 16
74+ARRANGEMENT BETWEEN AN ADULT AND A SUPPO RTER OR SUPPORTERS T HAT 17
75+DESCRIBES: 18
7476
75- (A) THE PURPOSE OF THIS T ITLE IS TO ASSIST AD ULTS BY:
77+ (1) HOW THE ADULT USES SU PPORTED DECISION MAK ING TO MAKE 19
78+DECISIONS; 20
7679
77- (1) OBTAINING SUPPORT FOR THE ADULT IN MAKING ,
78-COMMUNICATING , OR EFFECTUATING DECI SIONS THAT CORRESPON D TO THE WILL,
79-PREFERENCES , AND CHOICES OF THE A DULT; AND
80+ (2) THE RIGHTS OF THE ADU LT; AND 21
8081
81- (2) PREVENTING THE NEED F OR THE APPOINTMENT O F A
82-SUBSTITUTE DECISION MAKER FOR THE ADULT , INCLUDING A GUARDIAN OF THE
83-PERSON OR PROPERTY .
82+ (3) THE RESPONSIBILITIES OF THE SUPPORTER OR SUPPORTERS . 22
8483
85- (B) THIS TITLE SHALL BE L IBERALLY CONSTRUED A ND APPLIED TO
86-PROMOTE IT S UNDERLYING PURPOSE S AND POLICIES.
84+ (D) “SUPPORTER” MEANS AN INDIVIDUAL SELECTED BY AN ADULT TO 23
85+PROVIDE SUPPORT IN M AKING, COMMUNICATING , OR EFFECTUATING THE ADULT’S 24
86+OWN LIFE DECISIONS . 25
8787
88-18–103.
88+18–102. 26
8989
90- (A) AN ADULT MAY UTILIZE SUPPORTED DECISION M AKING TO:
90+ (A) THE PURPOSE OF THIS T ITLE IS TO ASSIST ADULTS BY: 27
9191
92- (1) INCREASE THE ADULT ’S SELF–DETERMINATION ;
93- LAWRENCE J. HOGAN, JR., Governor Ch. 631
92+ (1) OBTAINING SUPPORT FOR THE ADULT IN MAKING , 28
93+COMMUNICATING , OR EFFECTUATING DECI SIONS THAT CORRESPON D TO THE WILL, 29
94+PREFEREN CES, AND CHOICES OF THE A DULT; AND 30
95+ SENATE BILL 559 3
9496
95-– 3 –
96- (2) PREVENT THE NEED FOR THE APPOINTMENT OF A SUBSTITUTE
97-DECISION MAKER ; OR
9897
99- (3) LIMIT OR TERMINATE TH E USE OF A SUBSTITUT E
100-DECISION MAKER .
98+ (2) PREVENTING THE NEED F OR THE APPOINTMENT O F A 1
99+SUBSTITUTE DECISION MAKER FOR THE ADULT , INCLUDING A GUARDIAN OF THE 2
100+PERSON OR PROPERTY . 3
101101
102- (B) ALL ADULTS ARE PRESUM ED CAPABLE OF MAKING A SUPPORTED
103-DECISION–MAKING AGREEMENT .
102+ (B) THIS TITLE SHALL BE L IBERALLY CONSTRUED A ND APPLIED TO 4
103+PROMOTE ITS UNDERLY ING PURPOSES AND POL ICIES. 5
104104
105- (C) THE MANNER IN WHICH A N ADULT COMMUNICATES WITH OTHERS IS
106-NOT GROUNDS FOR DETE RMINING THAT THE ADU LT IS INCAPABLE OF MAKING ,
107-CHANGING, OR REVOKING A SUPPOR TED DECISION–MAKING AGREEMENT .
105+18–103. 6
108106
109- (D) EXECUTION OF A SUPPOR TED DECISION–MAKING AGREEMENT BY AN
110-ADULT MAY NOT :
107+ (A) AN ADULT MAY UTILIZE SUPPORTED DECISION M AKING TO: 7
111108
112- (1) BE USED AS EVIDENCE O F INCAPACITY; OR
109+ (1) INCREASE THE ADULT ’S SELF–DETERMINATION ; 8
113110
114- (2) PRECLUDE THE ABILITY OF THE ADULT TO :
111+ (2) PREVENT THE NEED FOR THE APPOINTMENT OF A SUBSTITUTE 9
112+DECISION MAKER ; OR 10
115113
116- (I) ACT INDEPENDENTLY OF A SUPPORTED DECISION –MAKING
117-AGREEMENT ; OR
114+ (3) LIMIT OR TERMINATE TH E USE OF A SUBSTITUTE 11
115+DECISION MAKER . 12
118116
119- (II) ACCESS THE ADULT ’S PERSONAL INFORMATI ON WITHOUT A
120-SUPPORTER .
117+ (B) ALL ADULTS ARE PRESUM ED CAPABLE OF MAKING A SUPPORTED 13
118+DECISION–MAKING AGREEMENT . 14
121119
122-18–104.
120+ (C) THE MANNER IN WHICH A N ADULT COMMUNICATES WITH OTHERS IS 15
121+NOT GROUNDS FOR DETE RMINING THAT THE ADU LT IS INCAPABLE OF M AKING, 16
122+CHANGING, OR REVOKING A SUPPOR TED DECISION–MAKING AGREEMENT . 17
123123
124- (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, AN ADULT
125-MAY VOLUNTARILY , WITHOUT UNDUE INFLUE NCE OR COERCION , ENTER INTO A
126-SUPPORTED DECISION –MAKING AGREEMENT WIT H A SUPPORTER OR SUP PORTERS.
124+ (D) EXECUTION OF A SUPPOR TED DECISION–MAKING AGREEMENT BY AN 18
125+ADULT MAY NOT : 19
127126
128- (B) (1) (I) IF A PERSON UNDER GUA RDIANSHIP ENTERS INT O A
129-SUPPORTED DECISION –MAKING AGREEMENT UND ER THIS TITLE, THE AGREEMENT
130-DOES NOT SUPPLANT TH E AUTHORITY OF A GUARDIAN OF THE AD ULT, UNLESS THE
131-COURT AUTHORIZES THE LIMIT ATION OR REMOVAL OF GUARDIANSHIP DUE TO THE
132-EXISTENCE OF A SUPPO RTED DECISION –MAKING AGREEMENT .
127+ (1) BE USED AS EVIDENCE O F INCAPACITY; OR 20
133128
134- (2) (II) A GUARDIAN MAY NOT PRE VENT AN ADULT FROM E NTERING
135-INTO A VALID SUPPORT ED DECISION–MAKING AGREEMENT THA T DOES NOT
136-SUPPLANT THE AUTHORI TY OF THE GUARDIAN W ITHOUT GOOD CAUSE .
129+ (2) PRECLUDE THE ABILITY OF THE ADULT TO : 21
137130
138- (2) A SUPPORTED DECISION –MAKING AGREEMENT OR ANY
139-PROVISION OF THE AGR EEMENT DOES NOT : Ch. 631 2022 LAWS OF MARYLAND
131+ (I) ACT INDEPENDENTLY OF A SUPPORTED DECISION –MAKING 22
132+AGREEMENT ; OR 23
140133
141-– 4 –
134+ (II) ACCESS THE ADULT ’S PERSONAL INFORMATI ON WITHOUT A 24
135+SUPPORTER. 25
142136
143- (I) SUPPLANT THE AUTHORIT Y OF AN AGENT UNDER A POWER
144-OF ATTORNEY EXECUTED IN ACCORDAN CE WITH TITLE 17 OF THIS ARTICLE OR A N
145-ADVANCE DIRECTIVE EX ECUTED IN ACCORDANCE WITH TITLE 5, SUBTITLE 6 OF THE
146-HEALTH – GENERAL ARTICLE; OR
137+18–104. 26
147138
148- (II) SUPPLANT OR GRANT AUT HORITY OR AGENCY POW ERS
149-CONTEMPLATED BY A PO WER OF ATTORNEY OR A N ADVANCE DIRECTIVE .
139+ (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, AN ADULT 27
140+MAY VOLUNTARILY , WITHOUT UNDUE INFLUE NCE OR COERCION, ENTER INTO A 28
141+SUPPORTED DECISION –MAKING AGREEMENT WIT H A SUPPORTER OR SUP PORTERS. 29
142+ 4 SENATE BILL 559
150143
151- (C) IF AN ADULT VOLUNTARI LY ENTERS INTO A SUP PORTED
152-DECISION–MAKING AGREEMENT WIT H ONE OR MORE SUPPOR TERS, THE ADULT MAY
153-AUTHORIZE A SUPPORTE R TO PROVIDE SUPPORT TO THE ADULT IN MAKI NG
154-DECISIONS IN AREAS O F THE ADULT’S CHOOSING, INCLUDING:
155144
156- (1) GATHERING INFORMATION ;
145+ (B) (1) (I) IF A PERSON UNDER GUA RDIANSHIP ENTERS INT O A 1
146+SUPPORTED DECISION –MAKING AGREEMENT UND ER THIS TITLE, THE AGREEMENT 2
147+DOES NOT SUPPLANT TH E AUTHORITY OF A G UARDIAN OF THE ADULT , UNLESS THE 3
148+COURT AUTHORIZES THE LIMIT ATION OR REMOVAL OF GUARDIANSHIP DUE TO THE 4
149+EXISTENCE OF A SUPPO RTED DECISION –MAKING AGREEMENT . 5
157150
158- (2) UNDERSTANDING AND INT ERPRETING INFORMATIO N;
151+ (2) (II) A GUARDIAN MAY NOT PRE VENT AN ADULT FROM E NTERING 6
152+INTO A VALID SUPPORT ED DECISION –MAKING AGREEMENT THAT DOES NOT 7
153+SUPPLANT THE AUTHORI TY OF THE GUARDIAN W ITHOUT GOOD CAUSE . 8
159154
160- (3) WEIGHING OPTIONS AND ALTERNATIVES TO A DE CISION;
155+ (2) A SUPPORTED DECISION –MAKING AGREEMENT OR ANY 9
156+PROVISION OF THE AGR EEMENT DOES NOT : 10
161157
162- (4) UNDERSTANDING THE CON SEQUENCES OF MAKING OR NOT
163-MAKING A DECISION ;
158+ (I) SUPPLANT THE AUTHORIT Y OF AN AGENT UNDER A POWER 11
159+OF ATTORNEY EXECUTED IN ACCORDANCE WITH TITLE 17 OF THIS ARTICLE OR A N 12
160+ADVANCE DIRECTIVE EX ECUTED IN ACCORDANCE WITH TITLE 5, SUBTITLE 6 OF THE 13
161+HEALTH – GENERAL ARTICLE; OR 14
164162
165- (5) PARTICIPATING IN CONVERSATIONS WITH T HIRD PARTIES WITH
166-THE ADULT’S EXPLICIT AUTHORIZA TION; AND
163+ (II) SUPPLANT OR GRANT AUT HORITY OR AGENCY POW ERS 15
164+CONTEMPLATED BY A PO WER OF ATTORNEY OR A N ADVANCE DIRECT IVE. 16
167165
168- (6) PROVIDING THE ADULT W ITH SUPPORT AND ADVOCACY IN
169-IMPLEMENTING A DECIS ION.
166+ (C) IF AN ADULT VOLUNTARI LY ENTERS INTO A SUP PORTED 17
167+DECISION–MAKING AGREEMENT WIT H ONE OR MORE SUPPOR TERS, THE ADULT MAY 18
168+AUTHORIZE A SUPPORTE R TO PROVIDE SUPPORT TO THE ADULT IN MAKI NG 19
169+DECISIONS IN AREAS O F THE ADULT’S CHOOSING, INCLUDING: 20
170170
171- (D) NOTHING IN THIS TITLE OR THE EXISTENCE OF A SUPPORTED
172-DECISION–MAKING AGREEMENT MAY PRECLUD E THE ADULT FROM ACT ING
173-INDEPENDENTLY OF A S UPPORTED DECISION –MAKING AGREEMENT .
171+ (1) GATHERING INFORMATION ; 21
174172
175- (E) THE AVAILABILITY OF A SUPPORTED DECISION –MAKING AGREEMENT IS
176-NOT INTENDED TO LIMI T THE INFORMAL USE O F SUPPORTED DECISION MAKING OR
177-TO PRECLUDE JUDICIAL CONSIDERATION OF INFORMAL SUPPORTED
178-DECISION–MAKING ARRANGEMENTS AS A LESS RESTRICTIV E ALTERNATIVE TO
179-GUARDIANSHIP .
173+ (2) UNDERSTANDING AND INT ERPRETING INFORMATIO N; 22
180174
181- (F) EXECUTION OF A SUPPOR TED DECISION–MAKING AGREEMENT MAY NOT
182-BE A CONDITION OF PA RTICIPATING IN ANY A CTIVITY, SERVICE, OR PROGRAM .
175+ (3) WEIGHING OPTIONS AND ALTERNATIVES TO A DE CISION; 23
183176
184-18–105.
185- LAWRENCE J. HOGAN, JR., Governor Ch. 631
177+ (4) UNDERSTANDING THE CON SEQUENCES OF MAKING OR NOT 24
178+MAKING A DECISION ; 25
186179
187-– 5 –
188- (A) A SUPPORTER SHALL :
180+ (5) PARTICIPATING IN CONV ERSATIONS WITH THIRD PARTIES WITH 26
181+THE ADULT’S EXPLICIT AUTHORIZA TION; AND 27
189182
190- (1) SUPPORT THE WILL AND PREFERENCE OF THE AD ULT AND NOT
191-THE SUPPORTER ’S OPINION OF THE REA SONABLENESS OF THE A DULT’S WISHES,
192-PREFERENCES , OR CHOICES;
183+ (6) PROVIDING THE ADULT W ITH SUPPORT AND ADVOCACY IN 28
184+IMPLEMENTING A DECIS ION. 29
193185
194- (2) ACT HONESTLY , DILIGENTLY, AND IN GOOD FAITH ;
186+ (D) NOTHING IN THIS TITLE OR THE EXISTENCE OF A SUPPORTED 30
187+DECISION–MAKING AGREEMENT MAY PRECLUDE THE ADULT F ROM ACTING 31
188+INDEPENDENTLY OF A SU PPORTED DECISION –MAKING AGREEMENT . 32 SENATE BILL 559 5
195189
196- (3) ACT WITHIN THE AUTHOR ITY GIVEN IN THE SUPPORTE D
197-DECISION–MAKING AGREEMENT ;
198190
199- (4) AVOID CONFLICTS OF IN TEREST;
200191
201- (5) MAINTAIN RECORDS , WHICH THE SUPPORTER SHALL MAKE
202-AVAILABLE TO THE ADU LT ON REQUEST , CONCERNING :
192+ (E) THE AVAILABILITY OF A SUPPORTED DECISION –MAKING AGREEMENT IS 1
193+NOT INTENDED TO LIMI T THE INFORMAL USE O F SUPPORTED DECISION MAKING OR 2
194+TO PRECLUDE JUDICIAL CONSIDERATION OF INF ORMAL SUPPORTED 3
195+DECISION–MAKING ARRANGEMENTS AS A LESS RESTRICTIV E ALTERNATIVE TO 4
196+GUARDIANSHIP . 5
203197
204- (I) THE SUPPORTER ’S ACTIONS UNDER THE SUPPORTED
205-DECISION–MAKING AGREEMENT ; AND
198+ (F) EXECUTION OF A SUPPOR TED DECISION–MAKING AGREEMENT MAY NOT 6
199+BE A CONDITION OF PA RTICIPATING IN ANY A CTIVITY, SERVICE, OR PROGRAM . 7
206200
207- (II) HOW THE ADULT COMMUNI CATES AND EXPRESSES
208-OPINIONS TO THE SUPP ORTER; AND
201+18–105. 8
209202
210- (6) KEEP ANY RECORDS AND INFORMATION OBTAINED UNDER A
211-SUPPORTED DECISION –MAKING AGREEMENT :
203+ (A) A SUPPORTER SHALL : 9
212204
213- (I) SUBJECT TO THE LIMITA TIONS UNDER TITLE 9, SUBTITLE 1
214-OF THE COURTS ARTICLE, CONFIDENTIAL AND PRI VILEGED; AND
205+ (1) SUPPORT THE WILL AND PRE FERENCE OF THE ADULT AND NOT 10
206+THE SUPPORTER ’S OPINION OF THE REA SONABLENESS OF THE A DULT’S WISHES, 11
207+PREFERENCES , OR CHOICES; 12
215208
216- (II) SECURE FROM UNAUTHORI ZED ACCESS , USE, OR
217-DISCLOSURE; AND
209+ (2) ACT HONESTLY, DILIGENTLY, AND IN GOOD FAITH ; 13
218210
219- (7) (I) DELIVER A COPY OF THE SUPPORTED DECISION –MAKING
220-AGREEMENT TO ANY DUL Y APPOINTED GUARDIAN OF THE PERSON OR PRO PERTY OF
221-THE ADULT; AND
211+ (3) ACT WITHIN THE AUTHOR ITY GIVEN IN THE SUP PORTED 14
212+DECISION–MAKING AGREEMENT ; 15
222213
223- (II) 1. MAKE A GOOD FAITH EFF ORT TO DETERMINE IF THE
224-ADULT HAS A FULLY EX ECUTED POWER OF ATTO RNEY, ADVANCE DIRECTIVE , OR
225-REVOCABLE TRUST AGRE EMENT; AND
214+ (4) AVOID CONFLICTS OF IN TEREST; 16
226215
227- 2. UNLESS THE ADULT EXPR ESSLY OBJECTS, DELIVER A
228-COPY OF THE SUPPORTE D DECISION–MAKING AGREEMENT TO ANY AGE NT
229-DESIGNATED UNDER A P OWER OF ATTORNEY OR AN ADVANCE DIRECTIVE OR ANY
230-TRUSTEE UNDER A REVO CABLE TRUST AGREEMEN T.
231- Ch. 631 2022 LAWS OF MARYLAND
216+ (5) MAINTAIN RECORDS , WHICH THE SUPPORTER SHALL MAKE 17
217+AVAILABLE TO THE ADU LT ON REQUEST , CONCERNING : 18
232218
233-– 6 –
234- (B) THE RELATIONSHIP BETW EEN THE ADULT AND TH E SUPPORTER SHALL
235-BE ONE OF TRUST AND CONFIDENCE THAT PRES ERVES THE DECISIO N–MAKING
236-AUTHORITY OF THE ADU LT.
219+ (I) THE SUPPORTER ’S ACTIONS UNDER THE SUPPORTED 19
220+DECISION–MAKING AGREEMENT ; AND 20
237221
238- (C) A SUPPORTER MAY NOT :
222+ (II) HOW THE ADULT COMMUNI CATES AND EXPRESSES 21
223+OPINIONS TO THE SUPP ORTER; AND 22
239224
240- (1) MAKE DECISIONS ON BEH ALF OF THE ADULT ;
225+ (6) KEEP ANY RECORDS AND INFORMATION OBTAINED UNDER A 23
226+SUPPORTED DECISION –MAKING AGREEMENT : 24
241227
242- (2) EXERT UNDUE INFLUENCE ON THE ADULT ;
228+ (I) SUBJECT TO THE LIMITA TIONS UNDER TITLE 9, SUBTITLE 1 25
229+OF THE COURTS ARTICLE, CONFIDENTIAL AND PRIVILEGE D; AND 26
243230
244- (3) COERCE THE ADULT ;
231+ (II) SECURE FROM UNAUTHORI ZED ACCESS , USE, OR 27
232+DISCLOSURE; AND 28
233+ 6 SENATE BILL 559
245234
246- (4) OBTAIN INFORMATION AB OUT THE ADULT WITHOU T THE ADULT’S
247-CONSENT;
248235
249- (5) ENFORCE DECISIONS MADE B Y THE ADULT WITHOUT THE ADULT
250-BEING PRESENT , UNLESS THE ADULT EXP LICITLY AUTHORIZES T HE SUPPORTER TO
251-ENFORCE THE DECISION ; OR
236+ (7) (I) DELIVER A COPY OF THE SUPPORTED DECISION –MAKING 1
237+AGREEMENT TO ANY DUL Y APPOINTED GUARDIAN OF THE PERSON OR PRO PERTY OF 2
238+THE ADULT; AND 3
252239
253- (6) ACT OUTSIDE OF THE AU THORITY GRANTED IN T HE SUPPORTED
254-DECISION–MAKING AGREEMENT .
240+ (II) 1. MAKE A GOOD FAITH EFFORT TO DETERMINE IF THE 4
241+ADULT HAS A FULLY EX ECUTED POWER OF ATTO RNEY, ADVANCE DIRECTIVE , OR 5
242+REVOCABLE TRUST AGRE EMENT; AND 6
255243
256-18–106.
244+ 2. UNLESS THE ADULT EXPR ESSLY OBJECTS, DELIVER A 7
245+COPY OF THE SUPPORTE D DECISION–MAKING AGREEMENT TO ANY AGENT 8
246+DESIGNATED UNDER A POWER OF ATTORNEY OR AN AD VANCE DIRECTIVE OR A NY 9
247+TRUSTEE UNDER A REVO CABLE TRUST AGREEMEN T. 10
257248
258- (A) EXCEPT AS PROVIDED IN SUBSE CTION (B) OF THIS SECTION , A
259-SUPPORTER MAY BE ANY PERSON CHOSEN BY THE ADULT.
249+ (B) THE RELATIONSHIP BETW EEN THE ADULT AND TH E SUPPORTER SHALL 11
250+BE ONE OF TRUST AND CONFIDENCE THAT PRES ERVES THE DECISION –MAKING 12
251+AUTHORITY OF THE A DULT. 13
260252
261- (B) THE FOLLOWING INDIVID UALS ARE DISQUALIFIE D FROM ACTING AS A
262-SUPPORTER :
253+ (C) A SUPPORTER MAY NOT : 14
263254
264- (1) A MINOR;
255+ (1) MAKE DECISIONS ON BEH ALF OF THE ADULT ; 15
265256
266- (2) AN INDIVIDUAL AGAINST WHOM THE ADULT HAS O BTAINED A
267-PEACE ORDER OR A PROTECTIVE ORDE R;
257+ (2) EXERT UNDUE INFLUENCE ON THE ADULT; 16
268258
269- (3) AN INDIVIDUAL WHO HAS BEEN CONVICTED OF FI NANCIAL
270-EXPLOITATION UNDER TITLE 13, SUBTITLE 6 OF THIS ARTICLE; AND
259+ (3) COERCE THE ADULT ; 17
271260
272- (4) AN INDIVIDUAL WHO IS THE SUBJECT OF A CIV IL OR CRIMINAL
273-ORDER PROHIBITING CO NTACT WITH THE ADULT .
261+ (4) OBTAIN INFORMATION AB OUT THE ADULT WITHOU T THE ADULT’S 18
262+CONSENT; 19
274263
275- (C) A SUPPORTER MAY RESIGN AS A SUPPORTER BY WR ITTEN OR ORAL
276-NOTICE TO THE ADULT , ANY REMAINING SUPPOR TERS OF THE ADULT NA MED IN THE
277-AGREEMENT , AND ANY THIRD PARTIE S WHO HAVE THE AGREE MENT ON FILE. LAWRENCE J. HOGAN, JR., Governor Ch. 631
264+ (5) ENFORCE DECISIONS MAD E BY THE ADULT WITHOUT THE ADULT 20
265+BEING PRESENT , UNLESS THE ADULT EXP LICITLY AUTHORIZES T HE SUPPORTER TO 21
266+ENFORCE THE DECISION ; OR 22
278267
279-– 7 –
268+ (6) ACT OUTSIDE OF THE AU THORITY GRANTED IN T HE SUPPORTED 23
269+DECISION–MAKING AGREEMENT . 24
280270
281- (D) IF A SUPPORTER RESIGN S, DIES, BECOMES INCAPABLE , OR BECOMES
282-FOR ANY OTHER REASON UNABLE TO ACT AS A S UPPORTER AND THERE I S NO
283-ALTERNATE SUPPORTER , THE AUTHORITY GIVEN TO THE SUPPORTER IS
284-SUSPENDED .
271+18–106. 25
285272
286-18–107.
273+ (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 26
274+SUPPORTER MAY BE ANY PERSON CHOSEN BY THE ADULT. 27
287275
288- (A) A SUPPORTED DECISION –MAKING AGREEMENT MAY BE IN ANY FORM
289-CONSISTENT WITH THE REQUIREMENTS UNDER T HIS SECTION.
276+ (B) THE FOLLOWING INDIVID UALS ARE DISQUALIFIE D FROM ACTING AS A 28
277+SUPPORTER: 29
290278
291- (B) A SUPPORTED DECISION –MAKING AGREEMENT SHA LL:
279+ (1) A MINOR; 30 SENATE BILL 559 7
292280
293- (1) BE DOCUMENTED IN WRITING;
294281
295- (2) BE DATED;
296282
297- (3) NAME AT LEAST ONE SUP PORTER;
283+ (2) AN INDIVIDUAL AGAINST WHOM THE ADULT HAS O BTAINED A 1
284+PEACE ORDER OR A PROTECTIVE ORDE R; 2
298285
299- (4) DESCRIBE THE DECISION –MAKING ASSISTANCE THAT EACH
300-SUPPORTER MAY PROVID E THE ADULT;
286+ (3) AN INDIVIDUAL WHO HAS BEEN CONVICTED OF FI NANCIAL 3
287+EXPLOITATION UNDER TITLE 13, SUBTITLE 6 OF THIS ARTICLE; AND 4
301288
302- (5) DESCRIBE HOW THE SUPP ORTERS MAY WORK TOGE THER IF
303-THERE IS MORE THAN O NE SUPPORTER ;
289+ (4) AN INDIVIDUAL WHO IS THE SUBJECT OF A CIV IL OR CRIMINAL 5
290+ORDER PROHIBITING CO NTACT WITH THE A DULT. 6
304291
305- (6) DESCRIBE HOW ANY PERC EIVED OR ACTUAL CONF LICT OF
306-INTEREST BETWEEN THE SUPPORTER OR SUPPORT ERS AND THE ADULT SHALL BE
307-MITIGATED;
292+ (C) A SUPPORTER MAY RESIGN AS A SUPPORTER BY WR ITTEN OR ORAL 7
293+NOTICE TO THE ADULT , ANY REMAINING SUPPOR TERS OF THE ADULT NA MED IN THE 8
294+AGREEMENT , AND ANY THIRD PARTIE S WHO HAVE THE AGREE MENT ON FILE. 9
308295
309- (7) DOCUMENT HOW THE ADUL T SELECTED THE SUPPO RTER OR
310-SUPPORTERS ;
296+ (D) IF A SUPPORTER RESIGN S, DIES, BECOMES INCAPA BLE, OR BECOMES 10
297+FOR ANY OTHER REASON UNABLE TO ACT AS A S UPPORTER AND THERE I S NO 11
298+ALTERNATE SUPPORTER , THE AUTHORITY GIVEN TO THE SUPPORTER IS 12
299+SUSPENDED. 13
311300
312- (8) BE APPROVED BY THE CO URT IF THE ADULT HAS BEEN
313-APPOINTED A GUARDIAN OF THE PERSON OR PRO PERTY AND THE SUPPOR TED
314-DECISION–MAKING AGREEMENT AFF ECTS THE AUTHO RITY OF THE GUARDIAN ;
301+18–107. 14
315302
316- (9) STATE THAT:
303+ (A) A SUPPORTED DECISION –MAKING AGREEMENT MAY BE IN ANY FORM 15
304+CONSISTENT WITH THE REQUIREMENTS UNDER T HIS SECTION. 16
317305
318- (I) THE SUPPORTER OR SUPP ORTERS MAY NOT MAKE
319-DECISIONS OR EFFECTU ATE TRANSACTIONS FOR THE ADULT; AND
306+ (B) A SUPPORTED DECISION –MAKING AGREEMENT SHA LL: 17
320307
321- (II) THE SUPPORTED DECISIO N–MAKING AGREEMENT OR ANY
322-PROVISION OF THE AGR EEMENT DOES NOT :
323- Ch. 631 2022 LAWS OF MARYLAND
308+ (1) BE DOCUMENTED IN WRITING; 18
324309
325-– 8 –
326- 1. AUTHORIZE THE SUPPORTER OR SUP PORTERS TO
327-ACT ON BEHALF OF THE ADULT;
310+ (2) BE DATED; 19
328311
329- 2. SUPPLANT THE AUTHORIT Y OF AN AGENT UNDER A
330-POWER OF ATTORNEY EX ECUTED IN ACCORDANCE WITH TITLE 17 OF THIS ARTICLE
331-OR AN ADVANCE DIRECT IVE EXECUTED IN ACCO RDANCE WITH TITLE 5, SUBTITLE 6
332-OF THE HEALTH – GENERAL ARTICLE; OR
312+ (3) NAME AT LEAST ONE SUP PORTER; 20
333313
334- 3. SUPPLANT OR GRANT AUT HORITY OR AGENCY
335-POWERS CONTEMPLATED BY A POWER OF ATTORN EY OR AN ADVANCE DIR ECTIVE;
314+ (4) DESCRIBE THE DECISION –MAKING ASSISTANCE TH AT EACH 21
315+SUPPORTER MAY PROVID E THE ADULT; 22
336316
337- (9) (10) CONTAIN AN ATTESTATIO N THAT THE SUPPORTER OR
338-SUPPORTERS AGREE TO HONOR THE RIGHT OF T HE ADULT TO MAKE DECISIONS AND
339-THAT THE SUPPORTER O R SUPPORTERS WILL NO T MAKE DECISIONS FOR THE
340-ADULT; AND
317+ (5) DESCRIBE HOW THE SUPP ORTERS MAY WORK TOGE THER IF 23
318+THERE IS MORE THAN O NE SUPPORTER ; 24
341319
342- (10) (11) BE SIGNED BY THE ADULT AND THE SUPPORTER OR
343-SUPPORTERS , WITH EACH SIGNATURE WITNESSED BY TWO ADU LTS WHO ARE NOT :
320+ (6) DESCRIBE HOW ANY PERC EIVED OR ACTUAL CONF LICT OF 25
321+INTEREST BETWEEN THE SUPPORTER OR SUPPORTERS AN D THE ADULT SHALL BE 26
322+MITIGATED; 27
344323
345- (I) A SUPPORTER FOR THE AD ULT; OR
324+ (7) DOCUMENT HOW THE ADUL T SELECTED THE SUPPO RTER OR 28
325+SUPPORTERS ; 29
326+ 8 SENATE BILL 559
346327
347- (II) AN EMPLOYEE OR AGENT OF A SUPPORTER NAMED IN THE
348-SUPPORTED DECISION –MAKING AGREEMENT ; AND
349328
350- (12) IF THE ADULT HAS A FU LLY EXECUTED POWER O F ATTORNEY,
351-ADVANCE DIRECTIVE , OR REVOCABLE TRUST A GREEMENT AND THE ADU LT DOES
352-NOT EXPRESSLY OBJECT , DELIVER A COPY OF TH E SUPPORTED DECISION –MAKING
353-AGREEMENT TO THE AGE NT DESIGNATED UNDER THE POWER OF ATTORNE Y OR
354-ADVANCE DIRECTIVE OR ANY TRUSTEE UNDER TH E REVOCABLE TRUST
355-AGREEMENT .
329+ (8) BE APPROVED BY THE CO URT IF THE ADULT HAS BEEN 1
330+APPOINTED A GUARDIAN OF THE PERSON OR PRO PERTY AND THE SUPPOR TED 2
331+DECISION–MAKING AGREEMENT AFFECTS THE AUTHORITY OF THE GUA RDIAN; 3
356332
357- (C) A SUPPORTED DECISION –MAKING AGREEMENT MAY :
333+ (9) STATE THAT: 4
358334
359- (1) APPOINT MORE THAN ONE SUPPORTER ; AND
335+ (I) THE SUPPORTER OR SUPP ORTERS MAY NOT MAKE 5
336+DECISIONS OR EFFECTU ATE TRANSACTIONS FOR THE ADULT; AND 6
360337
361- (2) APPOINT AN ALTERNATE TO ACT IN THE PLACE OF A SUPPORTER
362-IN CIRCUMSTANCES SPE CIFIED IN THE AGREEM ENT.
338+ (II) THE SUPPORTED DECISIO N–MAKING AGREEMENT OR ANY 7
339+PROVISION OF THE AGR EEMENT DOES NOT: 8
363340
364-18–108.
341+ 1. AUTHORIZE THE SUPPORT ER OR SUPPORTERS TO 9
342+ACT ON BEHALF OF THE ADULT; 10
365343
366- AN ADULT UTILIZING A SUPPORTED DECISION –MAKING AGREEMENT MAY :
367- LAWRENCE J. HOGAN, JR., Governor Ch. 631
344+ 2. SUPPLANT THE AUTHORIT Y OF AN AGENT UNDER A 11
345+POWER OF ATTORNEY EX ECUTED IN ACCORDANCE WITH TITLE 17 OF THIS ARTICLE 12
346+OR AN ADVANCE DIRECT IVE EXECUTED IN ACCO RDANCE WITH TITLE 5, SUBTITLE 6 13
347+OF THE HEALTH – GENERAL ARTICLE; OR 14
368348
369-– 9 –
370- (1) REVOKE THE SUPPORTED DECISION–MAKING AGREEMENT AT
371-ANY TIME ORALLY , IN WRITING, OR OTHERWISE BY EXPR ESSING THE ADULT ’S
372-SPECIFIC INTENT TO R EVOKE THE AGREEMENT ; AND
349+ 3. SUPPLANT OR GRANT AUT HORITY OR AGENCY 15
350+POWERS CONTEMPLATED BY A POWER OF ATTORN EY OR AN ADVANCE DIR ECTIVE; 16
373351
374- (2) RECEIVE ANY SUPPORT N EEDED FROM AN INDIVI DUAL OF THE
375-ADULT’S CHOOSING TO REVOKE THE AGREEMENT .
352+ (9) (10) CONTAIN AN ATTESTATIO N THAT THE SUPPORTER OR 17
353+SUPPORTERS AGREE TO HONOR THE RIGHT OF THE ADULT TO MAKE DECISI ONS AND 18
354+THAT THE SUPPORTER O R SUPPORTERS WILL NO T MAKE DECISIONS FOR THE 19
355+ADULT; AND 20
376356
377-18–109.
357+ (10) (11) BE SIGNED BY THE ADULT AND THE SUPPORTER OR 21
358+SUPPORTERS , WITH EACH SIGNATURE WITNESSED BY TWO ADU LTS WHO ARE NOT : 22
378359
379- (A) A THIRD PARTY WHO IN GOOD FAITH AC TS IN RELIANCE ON TH E
380-DECISIONS MADE BY AN ADULT UTILIZING A SU PPORTED DECISION –MAKING
381-AGREEMENT OR WHO IN GOOD FAITH DECLINES TO HONOR A SUPPORTED
382-DECISION–MAKING AGREEMENT IS NOT SUBJECT TO CI VIL OR CRIMINAL LIAB ILITY
383-OR DISCIPLINE FOR UNP ROFESSIONAL CONDUCT FOR:
360+ (I) A SUPPORTER FOR THE AD ULT; OR 23
384361
385- (1) COMPLYING IF THE THIRD PARTY AC TED IN GOOD FAITH
386-RELIANCE ON A DECISI ON MADE BY AN ADULT UTILIZING A SUPPORTE D
387-DECISION–MAKING AGREEMENT , COMPLYING WITH AN ADULT ’S DECISION IN
388-ACCORDANCE WITH A SU PPORTED DECISION–MAKING AGREEMENT BASED ON AN OR
389-OTHERWISE COMPLYING WITH A SUPPORTED DEC ISION–MAKING AGREEMENT
390-BASED ON A GOOD FAIT H ASSUMPTION THAT THE SUPPORTED DECISION –MAKING
391-AGREEMENT WAS VALID WHEN MADE AND NOT RE VOKED OR ABROGATED ; OR
362+ (II) AN EMPLOYEE OR AGENT OF A SUPPORTER NAMED IN THE 24
363+SUPPORTED DECISION –MAKING AGREEMENT ; AND 25
392364
393- (2) DECLINING TO HONOR A DECISION M ADE BY AN ADULT UTIL IZING
394-A SUPPORTED DECISION –MAKING AGREEMENT OR FAILING TO COMPLY WITH A
395-SUPPORTED DECISION –MAKING AGREEMENT BAS ED ON ACTUAL KNOWLEDGE A
396-REASONABLE GOOD FAIT H BELIEF THAT:
365+ (12) IF THE ADULT HAS A FU LLY EXECUTED POWER O F ATTORNEY, 26
366+ADVANCE DIRECTIVE , OR REVOCABLE TRUST A GREEMENT AND THE ADU LT DOES 27
367+NOT EXPRESSLY OBJECT , DELIVER A COPY OF TH E SUPPORTED DECISION –MAKING 28
368+AGREEMENT TO THE AGE NT DESIGNATED UNDER THE POWER OF ATTORNE Y OR 29
369+ADVANCE DIRECTIVE OR ANY TRUSTEE UNDER TH E REVOCABLE TRUST 30
370+AGREEMENT . 31
397371
398- (I) THE AGREEMENT WAS INV ALID, REVOKED, OR ABROGATED ;
399-OR
372+ (C) A SUPPORTED DECISION –MAKING AGREEMENT MA Y: 32 SENATE BILL 559 9
400373
401- (II) A SUPPORTER WAS COERCI NG OR UNDULY INFLUEN CING
402-THE ADULT OR OTHERWI SE ACTING OUTSIDE TH E SCOPE OF THE AGREE MENT.
403374
404- (B) THIS SECTION MAY NOT BE CONSTRUED TO PROV IDE IMMUNITY FROM
405-ACTIONS ALLEGING THA T A THIRD PARTY HAS :
406375
407- (1) CAUSED PERSONAL INJUR Y AS A RESULT OF A N EGLIGENT,
408-RECKLESS, OR INTENTIONAL ACT ;
376+ (1) APPOINT MORE THAN ONE SUPPORTER; AND 1
409377
410- (2) FAILED TO GIVE EFFECT TO AN ADULT ’S DECISION MADE IN
411-ACCORDANCE WITH A VA LID DECISION–MAKING AGREEMENT ;
412- Ch. 631 2022 LAWS OF MARYLAND
378+ (2) APPOINT AN ALTERNATE TO ACT IN THE PLACE OF A SUPPORTER 2
379+IN CIRCUMSTANCES SPE CIFIED IN THE AGREEM ENT. 3
413380
414-– 10 –
415- (3) FAILED TO PROVIDE INF ORMATION EITHER TO T HE ADULT OR A
416-SUPPORTER OF THE ADUL T THAT WOULD BE NECE SSARY FOR INFORMED C ONSENT;
417-OR
381+18–108. 4
418382
419- (4) OTHERWISE ACTED INCON SISTENTLY WITH APPLI CABLE LAW.
383+ AN ADULT UTILIZING A SUPPORTED DECISION –MAKING AGREEMENT MAY : 5
420384
421-Article – Health – General
385+ (1) REVOKE THE SUPPORTED DECISION–MAKING AGREEMENT AT 6
386+ANY TIME ORALLY , IN WRITING, OR OTHERWISE BY EXPR ESSING THE ADULT ’S 7
387+SPECIFIC INTENT TO R EVOKE THE AGREEMENT ; AND 8
422388
423-5–601.
389+ (2) RECEIVE ANY SUPPORT N EEDED FROM AN INDIVI DUAL OF THE 9
390+ADULT’S CHOOSING TO REVOKE THE AGREEMENT. 10
424391
425- (a) In this subtitle the following words have the meanings indicated.
392+18–109. 11
426393
427- (o) (1) “Incapable of making an informed decision” means the inability of an
428-adult patient to make an informed decision about the provision, withholding, or withdrawal
429-of a specific medical treatment or course of treatment because the patient is unable to
430-understand the nature, extent, or probable consequences of the proposed treatment or
431-course of treatment, is unable to make a rational evaluation of the burdens, risks, and
432-benefits of the treatment or course of treatment, or is unable to communicate a decision.
394+ (A) A THIRD PARTY WHO IN GOOD FAITH AC TS IN RELIANCE ON TH E 12
395+DECISIONS MADE BY AN ADULT UTILIZING A SU PPORTED DECISION –MAKING 13
396+AGREEMENT OR WHO IN GOOD FAITH DECLINES TO HONOR A SUPPORTED 14
397+DECISION–MAKING AGREEMENT IS NOT SUBJECT TO CI VIL OR CRIMINAL LIAB ILITY 15
398+OR DISCIPLINE FOR UN PROFESSIONAL CONDUCT FOR: 16
433399
434- (2) For the purposes of this subtitle, a competent individual who is able to
435-communicate by means other than speech OR WITH OTHER SUPPOR T, INCLUDING
436-SUPPORTED DECISION M AKING IN ACCORDANCE WITH TITLE 18 OF THE ESTATES
437-AND TRUSTS ARTICLE, may not be considered incapable of making an informed decision.
400+ (1) COMPLYING IF THE THIRD PARTY AC TED IN GOOD FAITH 17
401+RELIANCE ON A DECISI ON MADE BY AN ADULT UTILIZING A SUPPORTE D 18
402+DECISION–MAKING AGREEMENT , COMPLYING WITH AN ADULT’S DECISION IN 19
403+ACCORDANCE WITH A SU PPORTED DECISION –MAKING AGREEMENT BASED ON AN OR 20
404+OTHERWISE COMPLYING WITH A SUPPORTED DEC ISION–MAKING AGREEMENT 21
405+BASED ON A GOOD FAIT H ASSUMPTION THAT THE SUPPORTED DECISION –MAKING 22
406+AGREEMENT WAS VALID WHEN MADE AND NOT REVOKED OR ABROG ATED; OR 23
438407
439- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
440-October 1, 2022.
408+ (2) DECLINING TO HONOR A DECISION MADE BY AN ADULT UTI LIZING 24
409+A SUPPORTED DECISION –MAKING AGREEMENT OR FAILING TO COMPLY WITH A 25
410+SUPPORTED DECISION –MAKING AGREEMENT BAS ED ON ACTUAL KNOWLEDGE A 26
411+REASONABLE GOOD FAIT H BELIEF THAT: 27
441412
442-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
413+ (I) THE AGREEMENT WAS INV ALID, REVOKED, OR ABROGATED ; 28
414+OR 29
415+
416+ (II) A SUPPORTER WAS COERCI NG OR UNDULY INFLUEN CING 30
417+THE ADULT OR OTHERWI SE ACTING OUTSIDE TH E SCOPE OF THE AGREE MENT. 31
418+ 10 SENATE BILL 559
419+
420+
421+ (B) THIS SECTION MAY NOT BE CONSTRUED TO PROV IDE IMMUNITY FROM 1
422+ACTIONS ALLEGING THA T A THIRD PARTY HAS : 2
423+
424+ (1) CAUSED PERSONAL INJUR Y AS A RESULT OF A N EGLIGENT, 3
425+RECKLESS, OR INTENTIONAL ACT ; 4
426+
427+ (2) FAILED TO GIVE EFFECT TO AN ADULT ’S DECISION MADE IN 5
428+ACCORDANCE WITH A VA LID DECISION–MAKING AGREEMENT ; 6
429+
430+ (3) FAILED TO PROVIDE INFORMATIO N EITHER TO THE ADUL T OR A 7
431+SUPPORTER OF THE ADU LT THAT WOULD BE NEC ESSARY FOR INFORMED CONSENT; 8
432+OR 9
433+
434+ (4) OTHERWISE ACTED INCON SISTENTLY WITH APPLI CABLE LAW. 10
435+
436+Article – Health – General 11
437+
438+5–601. 12
439+
440+ (a) In this subtitle the following words have the meanings indicated. 13
441+
442+ (o) (1) “Incapable of making an informed decision” means the inability of an 14
443+adult patient to make an informed decision about the provision, withholding, or withdrawal 15
444+of a specific medical treatment or course of treatment because the patient is unable to 16
445+understand the nature, extent, or probable consequences of the proposed treatment or 17
446+course of treatment, is unable to make a rational evaluation of the burdens, risks, and 18
447+benefits of the treatment or course of treatment, or is unable to communicate a decision. 19
448+
449+ (2) For the purposes of this subtitle, a competent individual who is able to 20
450+communicate by means other than speech OR WITH OTHER SUPPOR T, INCLUDING 21
451+SUPPORTED DECISION M AKING IN ACCORDANCE WITH TITLE 18 OF THE ESTATES 22
452+AND TRUSTS ARTICLE, may not be considered incapable of making an informed decision. 23
453+
454+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
455+October 1, 2022. 25
456+