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§ 17-106. Death, disability, or incompetence of principal

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2010

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: October 1, 2010
MD Code, Estates and Trusts, § 17-106
§ 17-106. Death, disability, or incompetence of principal
Acts in good faith by attorney in fact or agent
(a)(1) The death, disability, or incompetence of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency.
(2) Unless otherwise invalid or unenforceable, any action taken by the attorney in fact, agent, or other person who acts in good faith under the power of attorney or agency binds the principal and the principal's heirs, legatees, and personal representatives.
Affidavit indicating lack of actual knowledge of death, disability, or incompetence
(b)(1) In the absence of fraud, an affidavit executed by the attorney in fact or agent and stating that the attorney in fact or agent did not have, at the time of doing an act in accordance with the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence, is conclusive proof of the nonrevocation or nontermination of the power at that time.
(2) If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
Revocation or termination contained in power of attorney
(c) This section may not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.

Credits

Added by Acts 2010, c. 689, § 1, eff. Oct. 1, 2010; Acts 2010, c. 690, § 1, eff. Oct. 1, 2010.
MD Code, Estates and Trusts, § 17-106, MD EST & TRST § 17-106
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.
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