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 -222; 13-704 to -908; 13.5-101 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): mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0559?ys=2022RS
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. - S. 792, 435th Gen. Assem., Reg. Sess. (Md. 2015): mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=sb0792&stab=01&ys=2015RS
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
- S.B. 559, Gen. Assem., Reg. Sess. (Md. 2022): mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0559?ys=2022RS
None found.
- H.B. 529, Gen. Assem., Reg. Sess. (Md. 2022): https:// Link: 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
- Maryland Developmental Disabilities Coalition – S.B. 559/H.B. 529
Link: www.md-council.org/wp-content/uploads/2022/02/DD-Day-SDM-Fact-Sheet-Final.pdf - The Parents’ Place of Maryland – The What, How, and Why of Supported Decision-Making
Link: www.ppmd.org/wp-content/uploads/2021/03/SDM-What-How-Why-TRAN-3.2021.pdf - Disability Rights Maryland – Alternatives to Guardianship
Link: disabilityrightsmd.org/drm-leads-development-of-alternatives-to-guardianship - PowerPoint: “Supported Decision-Making: You Decide!” (Sept. 2019)
Link: supporteddecisionmaking.org/sites/default/files/Attachment%2018.pdf - Webinar: The Parents’ Place of Maryland, “Alternatives to Guardianship: Supported Decision-Making” (Sept. 2018)
Link: www.youtube.com/watch?v=D5CXRDNhCHI&feature=youtu.be] - PowerPoint: NRC-SDM Presentation for Maryland Arc 2016 Convention.
Link: https://supporteddecisionmaking.org/sites/default/files/event_files/MD-Arc-2016-Convention.pdf
Information Last Updated: [July 21, 2022]