Ch. 372

1993 LAWS OF MARYLAND

(1) THE PRINCIPAL AND THE AGENT ARE RELATED WITHIN A DEGREE
LISTED UNDER § 2-202 OF THE FAMILY LAW ARTICLE; OR

(2) THE PRINCIPAL AND THE AGENT ARE CLERGY OR OTHER MEMBERS
OF THE SAME COMMUNITY OF PERSONS WHO;

(I) ARE BOUND TO A RELIGIOUS LIFE;

(II) CONDUCT OR ASSIST IN THE CONDUCT OF RELIGIOUS
SERVICES; AND

(III) ACTUALLY AND REGULARLY ENGAGE IN A RELIGIOUS,
BENEVOLENT, CHARITABLE, OR EDUCATIONAL MINISTRY, OR THE PERFORMANCE
OF HEALTH CARE SERVICES; OR

(3) THE PRINCIPAL ATTACHES TO THE POWER OF ATTORNEY FOR
HEALTH CARE DECISIONS AN AFFIDAVIT ATTESTING THAT THE AGENT IS THE
ATTENDING PHYSICIAN OF THE PRINCIPAL OR AN EMPLOYEE OF THE ATTENDING
PHYSICIAN AND:

(I) HAS KNOWN THE PRINCIPAL FOR AT LEAST 2 YEARS;

(II) IS FAMILIAR WITH THE PERSONAL AFFAIRS AND RELIGIOUS
AND MORAL BELIEFS OF THE PRINCIPAL THROUGH REGULAR CONTACT; AND

(III) IS WILLING AND ABLE TO SERVE AS A HEALTH CARE AGENT.

20A-416. AUTHORITY AND DUTIES OF HEALTH CARE AGENT.

(A) SUBJECT TO THE LIMITATIONS IN THIS SUBTITLE AND TO ANY EXPRESS
LIMITATIONS IN THE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS, A
HEALTH CARE AGENT HAS ALL OF THE RIGHTS, POWERS, AND AUTHORITY
RELATED TO HEALTH CARE DECISIONS THAT THE PRINCIPAL HAS UNDER STATE
AND FEDERAL LAW.

(B) A HEALTH CARE AGENT MAY NOT MAKE A HEALTH CARE DECISION THAT
IS BEYOND THE GRANT OF AUTHORITY IN THE POWER OF ATTORNEY FOR HEALTH
CARE DECISIONS.

(C) (1) A HEALTH CARE AGENT SHALL EXERCISE AUTHORITY WITH THAT
DEGREE OF CARE AND DUE DILIGENCE THAT WOULD BE OBSERVED BY A PRUDENT
PERSON DEALING WITH THE HEALTH CARE OF ANOTHER.

(2) THE HEALTH CARE AGENT SHALL AVOID ENGAGING IN CONDUCT
THAT CONFLICTS WITH THE INTERESTS OF THE PRINCIPAL.

(D) A HEALTH CARE AGENT MAY NOT EXERCISE AUTHORITY UNDER THIS
SECTION IF:

(1) A GUARDIAN OF THE PERSON HAS BEEN APPOINTED FOR THE
PRINCIPAL UNDER § 13-701 OF THE ESTATES AND TRUSTS ARTICLE; AND

(2) THE GUARDIAN OF THE PERSON OF THE PRINCIPAL HAS BEEN
GRANTED AUTHORITY. OVER THE HEALTH CARE OF THE PRINCIPAL.          

- 2028 -