(a) A supporter shall:
- (1) Support the will and preference of the adult and not the supporter's opinion of the reasonableness of the adult's wishes, preferences, or choices;
- (2) Act honestly, diligently, and in good faith;
- (3) Act within the authority given in the supported decision-making agreement;
- (4) Avoid conflicts of interest;
(5) Maintain records, which the supporter shall make available to the adult on request, concerning:
- (i) The supporter's actions under the supported decision-making agreement; and
- (ii) How the adult communicates and expresses opinions to the supporter;
(6) Keep any records and information obtained under a supported decision-making agreement:
- (i) Subject to the limitations under Title 9, Subtitle 1 of the Courts Article, confidential and privileged; and
- (ii) Secure from unauthorized access, use, or disclosure; and
(7)
- (i) Deliver a copy of the supported decision-making agreement to any duly appointed guardian of the person or property of the adult; and
(ii) 1. Make a good faith effort to determine if the adult has a fully executed power of attorney, advance directive, or revocable trust agreement; and
- 2. Unless the adult expressly objects, deliver a copy of the supported decision-making agreement to any agent designated under a power of attorney or an advance directive or any trustee under a revocable trust agreement.
- (b) The relationship between the adult and the supporter shall be one of trust and confidence that preserves the decision-making authority of the adult.
(c) A supporter may not:
- (1) Make decisions on behalf of the adult;
- (2) Exert undue influence on the adult;
- (3) Coerce the adult;
- (4) Obtain information about the adult without the adult's consent;
- (5) Enforce decisions made by the adult; or
- (6) Act outside of the authority granted in the supported decision-making agreement.
Added by Acts 2022, c. 631, § 1, eff. Oct. 1, 2022.