Maryland

Maryland

Overview

In 2022, Maryland passed a bill legally recognizing and authorizing the use of supported decision-making as an alternative to guardianship for adults with disabilities. It will go into effect on October 1st, 2022. Maryland has an existing statute recognizing supported decision-making as an auxiliary aid and service for transplant patients with disabilities. We are not aware of any case law applying that statute, nor are we aware of any other case law denying petitions for guardianship in favor of supported decision-making.

Guardianship Laws

Adult Guardianship Statute: 
Md. Code. Ann. Est. & Trusts 13-101 to -22213-704 to -90813.5-101 to -504; Md. Code. Ann. Family Law 14-401 to -404

Supported Decision-Making

Supported Decision-Making Statute

  • Anti-Discrimination in Organ Transplants (includes SDM) Statute
    Md. Code Ann., Health § 20-1601–1606, Insurance § 27-915 (2015)
    Description: These sections prohibit discrimination on the basis of disability in organ donation and identify SDM as an auxiliary aid and service for transplant patients with disabilities.
    Links: govt.westlaw.com/mdc/Document/NA1CFAFC0FA8311E4B17AB2C46FB517A2
    govt.westlaw.com/mdc/Document/NA7916160FA8311E4B17AB2C46FB517A2

State Legislation

      • S.B. 559, Gen. Assem., Reg. Sess. (Md. 2022): 
        Status: Enacted, Effective 10/1/2022
        Description: This bill amends Maryland’s Estates and Trusts code by authorizing the use of supported decision making as an alternative to the use of guardians and other substitute decision-makers for adults with disabilities.
        Link: mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0559?ys=2022RS
      • S. 792, 435th Gen. Assem., Reg. Sess. (Md. 2015):
        Description: This bill prohibited discrimination on the basis of disability in organ transplants by, among other things, recognizing SDM as an
        Status: Enacted 5/12/15
        Link: mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=sb0792&stab=01&ys=2015RS

None found.

  • H.B. 529, Gen. Assem., Reg. Sess. (Md. 2022):
    Link: https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0529?ys=2022RS
    Status: Failed (Adjourned, Executive deadline past)
    Description: This bill aimed to amend Maryland Estates and Trusts code by authorizing the use of supported decision making as an alternative to guardianship for adults with disabilities.

Case Law & Court Orders

None found

State Grant Programs

None awared

Other Resources

Information Last Updated: July 21, 2022