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<section article="get" article_name="Estates and Trusts" number="17-111" title_number="17" title_name="Maryland General and Limited Power of Attorney Act" subtitle_number="1" subtitle_name="General Provisions">
  <level label="a">
    <text>A power of attorney is effective when executed, unless the principal provides in the power of attorney that it becomes effective at a future date or on the occurrence of a future event or contingency.</text>
  </level>
  <level label="b">
    <text>If a power of attorney becomes effective on the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.</text>
  </level>
  <level label="c">
    <text>If a power of attorney becomes effective on the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective on a determination in a writing or other record by:</text>
    <level label="1">
      <text>A physician or licensed psychologist that the principal is incapacitated as defined in § 17–101 of this subtitle; or</text>
    </level>
    <level label="2">
      <text>An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated as defined in § 17–101 of this subtitle.</text>
    </level>
  </level>
  <level label="d">
    <text>A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative to obtain access to the principal’s health–care information and communicate with the principal’s health–care provider in accordance with:</text>
    <level label="1">
      <text>The Health Insurance Portability and Accountability Act;</text>
    </level>
    <level label="2">
      <text>Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended; and</text>
    </level>
    <level label="3">
      <text>Applicable regulations.</text>
    </level>
  </level>
</section>
