WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(I) THE HEALTH CARE DECISION IS INCONSISTENT WITH A PRIOR
HEALTH CARE DECISION OF THE INDIVIDUAL MADE UNDER § 20A-301 OF THIS TITLE;

(II) THE INCAPACITATED INDIVIDUAL HAS EXPRESSED

DISAGREEMENT WITH THE DECISION; OR

(III) THE DECISION IS NOT REASONABLE OR PRUDENT.

20A-504. SAME; STERILIZATION, OR MENTAL DISORDER.

A SURROGATE DECISION MAKER MAY NOT INSTRUCT A HEALTH CARE
PROVIDER TO:

(1) PERFORM A STERILIZATION PROCEDURE; OR

(2) PROVIDE HEALTH CARE FOR A MENTAL DISORDER.

20A-505. LIABILITY OF SURROGATE DECISION MAKER.

A SURROGATE DECISION MAKER IS NOT SUBJECT TO CIVIL OR CRIMINAL
LIABILITY AS A RESULT OF A GOOD FAITH EXERCISE OF THE AUTHORITY GRANTED
UNDER THIS SUBTITLE.

SUBTITLE 6. LIFE SUSTAINING PROCEDURES; PROTECTION OF CHILDREN

Article—Estates and Trusts

13-601.

(a) [If] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, IF a
principal designates his attorney in fact or agent by a power of attorney in writing and the
writing contains the words

(1) "This power of attorney shall not be affected by disability of the
principal", or

(2) "This power of attorney becomes effective upon the disability of the
principal", or

(3) Similar words showing the intent of the principal that the authority
conferred shall be exercisable notwithstanding [his] THE disability OF THE PRINCIPAL,
the authority of the attorney in fact or agent is exercisable [by him] notwithstanding the
later disability of the principal or uncertainty whether the principal is dead or alive.

(b) 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) 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] THE disability OF THE PRINCIPAL or incompetence to
revoke, suspend, or terminate all or any part of the power of attorney or agency.

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