Legal Question in Wills and Trusts in Maryland

Re: Mental competency tests

Best I can address your question as so sparingly worded is with reference to Marylad Annotated Code, Section 13-601 Disability, incompentence, etc. of principal. (a) If a principal designates his attorney in fact or agent by a power of attorney in writing and the writing contains the following 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 excersiable 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) Effect if acts performed for an incapitated principal. (Omitted)

(c) Appointment of Guardian. (Omitted)

Please see the omitted parts or feel free to call me at (410) 799-9002.

G. Joseph Holthaus III

pager/voice (410) 619-5918