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§ 17-105. Durable power of attorney

West's Annotated Code of MarylandEstates and TrustsEffective: June 1, 2011

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: June 1, 2011
MD Code, Estates and Trusts, § 17-105
§ 17-105. Durable power of attorney
Durable power of attorney defined
(a) In this section, “durable power of attorney” means a power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal's subsequent disability or incapacity.
Application of section
(b) This section applies to all powers of attorney.
Designation of another by principal
(c) When a principal designates another as an attorney in fact or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms.
Uncertainty as to death of principal
(d) Any act done by the attorney in fact or agent in accordance with the power of attorney during any period of disability or incompetence of the principal or during any period of uncertainty as to whether the principal is dead or alive has the same effect and inures to the benefit of and binds the principal as if the principal were alive, competent, and not disabled.
Appointment of guardian
(e)(1) If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal.
(2) The guardian has the same power the principal would have but for the principal's disability or incompetence to revoke, suspend, or terminate all or any part of the power of attorney or agency.


Added by Acts 2010, c. 689, § 1, eff. Oct. 1, 2010; Acts 2010, c. 690, § 1, eff. Oct. 1, 2010. Amended by Acts 2011, c. 74, § 1, eff. June 1, 2011; Acts 2011, c. 75, § 1, eff. June 1, 2011.
MD Code, Estates and Trusts, § 17-105, MD EST & TRST § 17-105
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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