20A 419. SAME; STERILIZATION:

A HEALTH CARE AGENT MAY INSTRUCT THAT A STERILIZATION PROCEDURE
BE PERFORMED ONLY IF A POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
SPECIFICALLY AUTHORIZES THE HEALTH CARE AGENT TO MAKE DECISIONS
CONCERNING THAT PROCEDURE.

20A-420. RECISION.

A PRINCIPAL MAY RESCIND THE AUTHORITY OF THE HEALTH CARE AGENT TO
ACT IN REGARD TO ANY PROPOSED HEALTH CARE DECISION BY WRITTEN
STATEMENT OR OTHER FORM OF COMMUNICATION THAT WOULD BE SUFFICIENT
TO REVOKE A HEALTH CARE DECISION MAKING DOCUMENT UNDER § 20A-403 OF
THIS SUBTITLE.

20A-421. LIABILITY OF HEALTH CARE AGENT.

(A) A HEALTH CARE AGENT IS NOT SUBJECT TO CIVIL OR CRIMINAL
LIABILITY AS A RESULT OF A GOOD FAITH EXERCISE OF THE AUTHORITY GRANTED
UNDER A POWER OF ATTORNEY FOR HEALTH CARE DECISIONS.

(B) IF THE AUTHORITY OF A HEALTH CARE AGENT HAS BEEN RESCINDED
UNDER § 20A-420 OF THIS SUBTITLE, OR IF A POWER OF ATTORNEY FOR HEALTH
CARE DECISIONS HAS BEEN REVOKED UNDER § 20A-403 OF THIS SUBTITLE, A
HEALTH CARE AGENT WHO EXERCISES AUTHORITY UNDER THE POWER OF
ATTORNEY FOR HEALTH CARE DECISIONS WITHOUT KNOWLEDGE OF THE RECISION
OR REVOCATION HAS THE IMMUNITY PROVIDED UNDER SUBSECTION (A) OF THIS
SECTION.

SUBTITLE 5. SURROGATE DECISION MAKING

20A-501. ORDER OF PRIORITY OF SURROGATE DECISION MAKERS.

(A) IN THIS SECTION, "UNAVAILABLE" MEANS:

(1) AFTER REASONABLE INQUIRY, A HEALTH - CARE PROVIDER IS
UNAWARE OF THE EXISTENCE OF A SURROGATE DECISION MAKER;

(2) AFTER REASONABLE INQUIRY; A HEALTH CARE PROVIDER CANNOT
ASCERTAIN THE WHEREABOUTS OF A SURROGATE DECISION MAKER;

(3) A SURROGATE DECISION MAKER HAS NOT RESPONDED IN A TIMELY
MANNER, TAKING INTO ACCOUNT THE HEALTH CARE NEEDS OF THE INDIVIDUAL;
TO A WRITTEN OR ORAL MESSAGE FROM A HEALTH CARE PROVIDER;

(4) A SURROGATE DECISION MAKER IS INCAPACITATED;

(5) A SURROGATE DECISION MAKER IDENTIFIED IN SUBSECTION (C)(6)
OF THIS SECTION DOES NOT PRESENT THE AFFIDAVIT REQUIRED UNDER
SUBSECTION (C)(6) OF THIS SECTION; OR

(6) A SURROGATE DECISION MAKER IS UNWILLING TO MAKE
DECISIONS CONCERNING HEALTH CARE FOR THE INDIVIDUAL.

- 2030 -

Ch. 372

1993 LAWS OF MARYLAND