(a) In this section, “durable power of attorney” means a power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal’s subsequent disability or incapacity.
(b) This section applies to all powers of attorney.
(c) When a principal designates another as an attorney in fact or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms.
(d) Any act done by the attorney in fact or agent in accordance with the power of attorney during any period of disability or incompetence of the principal or during any period of 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.
(e) (1) If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal.
(2) The guardian has the same power the principal would have but for the principal’s disability or incompetence to revoke, suspend, or terminate all or any part of the power of attorney or agency.
Structure Maryland Statutes
Title 17 - Maryland General and Limited Power of Attorney Act
Subtitle 1 - General Provisions
Section 17-103 - Petition for Construction of Power of Attorney
Section 17-104 - Statutory Form Mandatory; Violations; Penalties
Section 17-105 - Durable Power of Attorney
Section 17-106 - Revocation or Termination of Power of Attorney
Section 17-107 - Effect of Power of Attorney Executed by Member of Armed Services
Section 17-108 - General Consideration
Section 17-109 - Scope of Title; Exceptions
Section 17-111 - When Power Becomes Effective
Section 17-113 - Duties of Agent
Section 17-114 - Reimbursement for Expenses; Compensation