Ch. 620

1997 LAWS OF MARYLAND

attorney in writing, IT IS A DURABLE POWER OF ATTORNEY UNLESS OTHERWISE
PROVIDED BY ITS TERMS [and the writing contains the words:

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

(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)](C) 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)] (D) 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)](E) (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.

(2) An instrument or portion of an instrument that is an advance directive
appointing a health care agent is subject to the provisions of Title 5, Subtitle 6 of the
Health - General Article.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed
only prospectively and may not be applied or interpreted to have any effect on or
application to any power of attorney in effect before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997 January 1, 2000.

Approved May 22, 1997.

CHAPTER 620
(Senate Bill 696)

AN ACT concerning

Caroline County - Alcoholic Beverages
(Board of license Commissioners — Attorney)

FOR the purpose of creating and generally relating to the position of attorney to the

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