1. A. A nursing facility or nursing facility's agent shall recognize the authority of:

   1. (1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;
   2. (2) A guardian of the property under the Estates and Trusts Article, §13-201, Annotated Code of Maryland;
   3. (3) An advance directive established in compliance with Health-General Article, §5-602, Annotated Code of Maryland;
   4. (4) A surrogate decision maker with authority under Health-General Article, §5-605, Annotated Code of Maryland;
   5. (5) A power of attorney established in compliance with Estates and Trusts Article, §13-601, Annotated Code of Maryland;
   6. (6) An individual exercising a resident's rights pursuant to Health-General Article, §19-344(r), Annotated Code of Maryland, but not for purposes of medical care or treatment;
   7. (7) A representative payee or other similar fiduciary;
   8. (8) An agent as defined in Health-General Article, §19-344(c), Annotated Code of Maryland; or
   9. (9) A person if that person was designated by a resident who was not disabled at the time the designation was made and if the resident or representative has provided the nursing facility with documentation of the designation.

2. B. A nursing facility may not recognize the authority of a resident's representative if the representative attempts to exceed the authority:

   1. (1) Stated in the instrument that grants the representative authority; or
   2. (2) Established by State law.
3. C. A facility shall document in the resident's record the name of a representative listed in this regulation, including a copy, when applicable, of the designation.

Authority: Health-General Article, §§19-343—19-347 and 19-349—19-352, Annotated Code of Maryland

Effective date: December 30, 1977 (4:27 Md. R. 2107)

Regulations .01—.03 amended effective December 16, 1985 (12:25 Md. R. 2472)

Regulation .02K and .03K adopted effective August 30, 1982 (9:17 Md. R. 1708)

Regulation .03C amended effective August 30, 1982 (9:17 Md. R. 1708)

Regulations .01—.03 under COMAR 10.07.09 Patients' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities repealed and new Regulations .01—.20 under COMAR 10.07.09 Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities adopted effective April 22, 1996 (23:8 Md. R. 605)

Regulation .02B amended effective January 5, 2004 (30:26 Md. R. 1914)

Regulation .08C amended effective March 13, 2017 (44:5 Md. R. 292)

Regulation .09 amended effective January 5, 2004 (30:26 Md. R. 1914)

Regulation .12A amended effective August 24, 2009 (36:17 Md. R. 1312)