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Session Laws, 1969
Volume 692, Page 132   View pdf image
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132                                  LAWS OF MARYLAND                             [CH. 4

words "This power of attorney shall not be affected by disability of
the principal," or "This power of attorney shall become effective
upon the disability of the principal," or similar words showing the
intent of the principal that the authority conferred shall be exer-
cisable notwithstanding his disability, then the authority of the at-
torney in fact or agent shall be exercisable by him as provided in
the power on behalf of the principal notwithstanding the later dis-
ability or incapacity of the principal or later uncertainty as
to whether the principal is dead or alive. All acts done by the at-
torney in fact or agent pursuant to the power during any period of
disability or incompetence or uncertainty as to whether the prin-
cipal is dead or alive shall have the same effect and shall inure to
the benefit of and bind the principal as if the principal were alive,
competent and not disabled. If a guardian shall thereafter be ap-
pointed for the principal, the attorney in fact or agent shall, during
the continuance of the appointment, account to the guardian rather
than the principal. The guardian shall have the same power, which
the principal would have but for his disability or incompetence, to
revoke, suspend, or terminate all or any part of the power of attorney
or agency.

602. Powers of Attorney not Revoked Until Notice of Death or
Disability.

(a)    Powers of Attorney not revoked. The death, disability, or
incompetence of any principal who has executed a power of attorney
in writing shall 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. Any action so taken,
unless otherwise invalid or unenforceable, shall bind the principal
and his heirs, devisees, and personal representatives.

(b)    Proof of nonrevocation. An affidavit, executed by the at-
torney in fact or agent stating that he did not have, at the time of
doing an act pursuant to the power of attorney, actual knowledge of
the revocation or termination of the power of attorney by death, dis-
ability or incompetence, shall, in the absence of fraud, be conclusive
proof of the nonrevocation or nontermination of the power at such
time. If the exercise of
the power requires execution and delivery of
any instrument which is recordable, the affidavit when authenticated
for record shall likewise be recordable.

(c)    Provisions for revocation unaffected. This section shall not
be construed to alter or affect any provision for revocation or
termination contained in the power of attorney.

60S. Powers of attorney executed by members of armed services
listed as missing in action

Whenever any member of the Armed Services of the Unit