← All Posts

Maryland Passes New Law On Supported Decision Making Agreement

By Ben Long, Law Clerk

As of October 1, 2022, Title 18, Supported Decision-Making Agreement ("SDMA"), was enacted in Maryland (Md. Code, Est. & Trusts § 18-107). Maryland joins 20 other states, including the District of Columbia (D.C. Official Code §§ 7-2131 to 7-2134), that have passed similar laws honoring supported decision-making agreements.

An SDMA empowers persons with disabilities to make their own decisions with the help of a trusted supporter. It is a formal agreement recognizing the supporter as an authority to guide and assist the individual. Unlike traditional approaches such as adult guardianship, financial power of attorney, and advance medical directives, an SDMA allows individuals to retain their rights and control over their own lives.

What does all this mean for those looking to create an SDMA? Unlike adult guardianship, an SDMA is neither a way for a third party to gain authority over an individual nor an instrument in which a person with disabilities hands over his or her rights to make decisions. For example, under adult guardianship, individuals can be stripped of their property rights and decision rights, i.e., healthcare decisions, where they live, etc. What the states with SDMA have done is afford those with disabilities who have historically been controlled by their guardians an opportunity to act for themselves.

Currently, Virginia has not passed a law regarding SDMA but has begun the legislative process.