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WILLIAM DONALD SCHAEFER, Governor Ch. 372
PART III. POWERS OF ATTORNEY FOR HEALTH CARE DECISIONS
20A-413. POWER OF ATTORNEY FOR HEALTH CARE DECISIONS; PRIOR AND FOREIGN
POWERS.
(A) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A PRIOR
POWER OF ATTORNEY FOR HEALTH CARE DECISIONS VALID IN MARYLAND BEFORE
OCTOBER 1, 1903 IS VALID AND MAY BE APPLIED ACCORDING TO ITS TERMS EVEN IF
IT FAILS TO COMPLY WITH THE PROVISIONS OF THIS SUBTITLE.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A FOREIGN
POWER OF ATTORNEY FOR HEALTH CARE DECISIONS VALID IN ANOTHER STATE IS
VALID AND MAY BE APPLIED ACCORDING TO ITS TERMS EVEN IF IT FAILS TO
COMPLY WITH THE PROVISIONS OF THIS SUBTITLE.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN A POWER OF
ATTORNEY FOR HEALTH CARE DECISIONS VALID UNDER THIS SUBSECTION, A
HEALTH CARE AGENT ACTING UNDER THE POWER OF ATTORNEY IS SUBJECT TO §§
20A 416 THROUGH 20A 419 OF THIS SUBTITLE.
20A-414. SAME; EFFECTIVENESS.
(A) UNLESS A POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
EXPRESSLY PROVIDES THAT IT IS EFFECTIVE IMMEDIATELY, A POWER OF
ATTORNEY FOR HEALTH CARE DECISIONS BECOMES EFFECTIVE ONLY IF THE
PRINCIPAL IS INCAPACITATED.
(B) UNLESS IT EXPRESSLY PROVIDES OTHERWISE, A POWER OF ATTORNEY
FOR HEALTH CARE DECISIONS CONTINUES IN EFFECT DURING THE INCAPACITY OF
THE PRINCIPAL.
20A-415. APPOINTMENT OF HEALTH CARE AGENT.
(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
PRINCIPAL MAY APPOINT ANY COMPETENT INDIVIDUAL AT LEAST 18 YEARS OLD AS
A HEALTH CARE AGENT.
(2) A PRINCIPAL MAY:
(I) APPOINT MORE THAN ONE HEALTH CARE AGENT; AND
(II) SPECIFY THE PRIORITY AMONG HEALTH CARE AGENTS.
(B) THE FOLLOWING INDIVIDUALS MAY NOT SERVE AS A HEALTH CARE
AGENT:
(1) THE ATTENDING PHYSICIAN OF THE PRINCIPAL OR AN EMPLOYEE
OF THE ATTENDING PHYSICIAN; OR
(2) AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTH CARE
FACILITY FROM WHICH THE PRINCIPAL IS RECEIVING HEALTH CARE.
(C) THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION DO NOT APPLY IF:
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