WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(B) A VALID LIVING WILL OR DURABLE POWER OF ATTORNEY FOR HEALTH
CARE MADE PRIOR TO OCTOBER 1, 1993 SHALL BE GIVEN EFFECT AS PROVIDED IN
THIS ARTICLE, EVEN IF NOT EXECUTED IN ACCORDANCE WITH THE TERMS OF THIS
ARTICLE.

5-616 5-617. RECIPROCITY.

AN ADVANCE DIRECTIVE OR EMERGENCY MEDICAL SERVICES "DO NOT
RESUSCITATE ORDER" EXECUTED IN ANOTHER STATE SHALL BE DEEMED TO BE
VALIDLY EXECUTED FOR THE PURPOSES OF THIS SUBTITLE IF EXECUTED IN
COMPLIANCE WITH THE LAWS OF MARYLAND OR THE LAWS OF THE STATE WHERE
EXECUTED. ADVANCE DIRECTIVES OR EMERGENCY MEDICAL SERVICES "DO NOT
RESUSCITATE ORDERS" EXECUTED IN ANOTHER STATE SHALL BE CONSTRUED TO
GIVE EFFECT TO THE PATIENT'S WISHES TO THE EXTENT PERMITTED BY THE LAWS
OF MARYLAND.

5-617 5-618. SHORT TITLE.

THE PROVISIONS OF THIS SUBTITLE SHALL BE KNOWN AND MAY BE CITED AS
THE "HEALTH CARE DECISIONS ACT".

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 disability, 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 disability or incompetence to revoke, suspend, or
terminate all or any part of the power of attorney or agency.

(D) (1) THIS SECTION DOES NOT APPLY TO AN INSTRUMENT OR PORTION
OF AN INSTRUMENT THAT IS AN ADVANCE DIRECTIVE APPOINTING A HEALTH CARE
AGENT UNDER TITLE 5, SUBTITLE 6 OF THE HEALTH - GENERAL ARTICLE.

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