MARVIN MANDEL, Governor                                   199

ANY ACT DONE BY THE ATTORNEY IN FACT OR AGENT
PURSUANT TO THE POWER DURING ANY PERIOD OF DISABILITY OR
INCOMPETENCE OR 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.

(C) APPOINTMENT OF GUARDIAN.

IF A GUARDIAN IS APPOINTED FOR THE PRINCIPAL, THE
ATTORNEY IN FACT OR AGENT SHALL ACCOUNT TO THE GUARDIAN
RATHER THAN THE PRINCIPAL. THE GUARDIAN HAS THE SAME
POWER 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.

REVISOR'S NOTE: This section presently appears as
Art. 93A, §601. The section is divided into
three subsections for organizational purposes.
The only other changes are in style and
language.

13-602. KNOWLEDGE REQUIRED FOR REVOCATION.

(A)   LACK OF KNOWLEDGE OF DEATH OR DISABILITY.

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. UNLESS OTHERWISE
INVALID OR UNENFORCEABLE, ANY ACTION TAKEN BINDS THE
PRINCIPAL AND HIS HEIRS, LEGATEES, AND PERSONAL
REPRESENTATIVES.

(B)   PROOF OF NONREVOCATION.

IN THE ABSENCE OF FRAUD AN AFFIDAVIT, EXECUTED BY
THE ATTORNEY IN FACT OR AGENT AND STATING THAT HE DID NOT
HAVE, AT THE TIME OF DOING AH ACT PURSUANT TO 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. IF THE EXERCISE OF THE POWER REQUIRES EXECUTION
AND DELIVERY OF ANY INSTRUMENT WHICH IS RECORDABLE, THE
AFFIDAVIT WHEN AUTHENTICATED FOR RECORD IS LIKEWISE
RECORDABLE.

(C)   PROVISIONS FOR REVOCATION UNAFFECTED.

THIS SECTION MAY NOT BE CONSTRUED TO ALTER OR AFFECT