COMAR 10.07.09.03. Resident's Representative

A. A nursing facility or nursing facility's agent 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 the Estates and Trusts Article, §13-201, Annotated Code of Maryland ;

(3) An advance directive established in compliance with 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 established in compliance with Estates and Trusts Article, §13-601, Annotated Code of Maryland ;

(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) A representative payee or other similar fiduciary;

(8) An agent as defined in Health-General Article, §19-344(c), Annotated Code of Maryland; or

(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.

B. A nursing facility 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.

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.

Cross References 10.07.09.02B(23)