1. (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.

2. (b)

   1. (1)

      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.
      2. (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. (2) A supported decision-making agreement or any provision of the agreement does not:

      1. (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
      2. (ii) Supplant or grant authority or agency powers contemplated by a power of attorney or an advance directive.

3. (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. (1) Gathering information;
   2. (2) Understanding and interpreting information;
   3. (3) Weighing options and alternatives to a decision;
   4. (4) Understanding the consequences of making or not making a decision;
   5. (5) Participating in conversations with third parties with the adult's explicit authorization; and
   6. (6) Providing the adult with support and advocacy in implementing a decision.
4. (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.
5. (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.
6. (f) Execution of a supported decision-making agreement may not be a condition of participating in any activity, service, or program.

Added by Acts 2022, c. 631, § 1, eff. Oct. 1, 2022.