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§ 17-111. Effect of power of attorney

West's Annotated Code of MarylandEstates and TrustsEffective: April 25, 2024

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 17. Maryland General and Limited Power of Attorney Act (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Effective: April 25, 2024
MD Code, Estates and Trusts, § 17-111
§ 17-111. Effect of power of attorney
Effect upon execution
(a) A power of attorney is effective when executed, unless the principal provides in the power of attorney that it becomes effective at a future date or on the occurrence of a future event or contingency.
Effect upon future event or contingency
(b) If a power of attorney becomes effective on the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
Effect upon principal’s incapacity
(c) If a power of attorney becomes effective on the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective on a determination in a writing or other record by:
(1) A physician or licensed psychologist that the principal is incapacitated as defined in § 17-101 of this subtitle; or
(2) An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated as defined in § 17-101 of this subtitle.
Determination of incapacity
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative to obtain access to the principal's health-care information and communicate with the principal's health-care provider in accordance with:
(1) The Health Insurance Portability and Accountability Act;
(2) Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended; and
(3) Applicable regulations.

Credits

Added by Acts 2010, c. 689, § 1, eff. Oct. 1, 2010; Acts 2010, c. 690, § 1, eff. Oct. 1, 2010. Amended by Acts 2024, c. 382, § 1, eff. April 25, 2024.
MD Code, Estates and Trusts, § 17-111, MD EST & TRST § 17-111
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document