Maryland Code for Durable Power of Attorney
A power of attorney allows the maker to give another person (the agent) the legal authority to act on his behalf. The Maryland Code specifies what is required to make a power of attorney a durable power of attorney.
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Durable Power of Attorney
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A traditional power of attorney terminates upon the incapacity of the maker. This is often when a person has the greatest need for someone to have the legal authority to act on his behalf. As a result, the durable power of attorney was created. A durable power of attorney survives the incapacity of the maker and is often referred to as a healthcare power of attorney as it is generally used for the agent to make healthcare decisions for the maker.
Authority of Agent
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Under Maryland law, the agent may make decisions for the maker including decisions regarding withholding life-sustaining treatment. The agent may not authorize sterilization or treatment for a mental disorder.
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Requirements
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A durable power of attorney under Maryland law must be made voluntarily and be in writing and dated. The document also must be signed by the maker or at the maker's express direction and be witnessed by two witnesses. A Maryland durable power of attorney goes into effect when the attending physician as well as a second physician attest in writing that the maker is incapable of making an informed decision. The attestation must be based on a physical examination that was made within two hours prior to certifying the maker's condition. If the patient is unconscious, the second doctor's agreement is not necessary.
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