Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.14 - Assisted Living Programs
Section 10.07.14.34 - Resident's Representative
Universal Citation: MD Code Reg 10.07.14.34
Current through Register Vol. 51, No. 19, September 20, 2024
A. An assisted living program shall recognize the authority of:
(1) A guardian of the person under Estates
and Trusts Article, §13-705, Annotated
Code of Maryland;
(2) A guardian of
the property under Estates and Trusts Article, §13-201, Annotated
Code of Maryland;
(3) An advance
directive that meets the requirements of Health-General Article, §5-602,
Annotated Code of Maryland;
(4) A
surrogate decision maker with authority under Health-General Article,
§5-605, Annotated Code of Maryland;
(5) A power of attorney that meets the
requirements of Estates and Trusts Article, §13-601, Annotated
Code of Maryland;
(6) A
representative payee or other similar fiduciary; or
(7) Any other person, if that person was
designated by a resident who was competent at the time of designation, and the
resident or representative has provided the assisted living program with
documentation of the designation.
B. An assisted living program shall document in the resident's record the name of the person, if any, with the authority identified in §A of this regulation or include the documentation in the record.
C. An assisted living program may not recognize the authority of a resident's representative if the representative attempts to exceed the authority:
(1) Stated in the instrument that grants the
representative authority; or
(2)
Established by State law.
D. A licensee who commits financial exploitation of a resident shall be in violation of this chapter as well as applicable civil and criminal laws.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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