EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0092*
HOUSE BILL 92
N2 2lr0391
HB 870/21 – JUD (PRE–FILED)
By: Delegate Hill
Requested: August 18, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 15, 2022
CHAPTER ______
AN ACT concerning 1
Maryland General and Limited Power of Attorney Act – Assistance With 2
Governmental Benefits and Programs 3
FOR the purpose of altering certain statutory forms for a power of attorney to include 4
certain provisions relating to the authority of an agent to perform certain acts 5
relating to eligibility and qualifications for certain governmental benefits or 6
programs; altering a certain provision in a certain statutory form for a limited power 7
of attorney relating to the authority of an agent to make a gift of part or all of a 8
principal’s property or to take certain actions with respect to certain trusts under 9
certain circumstances; and generally relating to powers of attorney. 10
BY repealing and reenacting, with amendments, 11
Article – Estates and Trusts 12
Section 17–202 and 17–203 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Estates and Trusts 18
17–202. 19
2 HOUSE BILL 92
“MARYLAND STATUTORY FORM 1
PERSONAL FINANCIAL POWER OF ATTORNEY 2
IMPORTANT INFORMATION AND WARNING 3
You should be very careful in deciding whether or not to sign this document. The powers 4
granted by you (the principal) in this document are broad and sweeping. This power of 5
attorney authorizes another person (your agent) to make decisions concerning your 6
property for you (the principal). Your agent will be able to make decisions and act with 7
respect to your property (including your money) whether or not you are able to act for 8
yourself. 9
You should select someone you trust to serve as your agent. Unless you specify otherwise, 10
generally the agent’s authority will continue until you die or revoke the power of attorney 11
or the agent resigns or is unable to act for you. 12
You need not grant all of the powers listed below. If you choose to grant less than all of the 13
listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 14
and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 15
intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 16
Agent to exercise. 17
This power of attorney becomes effective immediately unless you state otherwise in the 18
Special Instructions. 19
You should obtain competent legal advice before you sign this power of attorney if you have 20
any questions about the document or the authority you are granting to your agent. 21
DESIGNATION OF AGENT 22
This section of the form provides for designation of one agent. 23
If you wish to name coagents, skip this section and use the next section (“Designation of 24
Coagents”). 25
I, ___________________________________________________________________________, 26
(Name of Principal) 27
Name the following person as my agent: 28
Name of Agent: _______________________________________________________________ 29
Agent’s Address: ______________________________________________________________ 30
Agent’s Telephone Number: ___________________________________________________ 31 HOUSE BILL 92 3
DESIGNATION OF COAGENTS (OPTIONAL) 1
This section of the form provides for designation of two or more coagents. Coagents are 2
required to act together unanimously unless you otherwise provide in this form. 3
I, ___________________________________________________________________________, 4
(Name of Principal) 5
Name the following persons as coagents: _______________________________________ 6
Name of Coagent: ____________________________________________________________ 7
Coagent’s Address: ___________________________________________________________ 8
Coagent’s Telephone Number: _________________________________________________ 9
Name of Coagent: ____________________________________________________________ 10
Coagent’s Address: ___________________________________________________________ 11
Coagent’s Telephone Number: _________________________________________________ 12
Special Instructions Regarding Coagents: _______________________________________ 13
___________________________________________________________________________________ 14
___________________________________________________________________________________ 15
____________________________________________________________________ 16
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 17
If my agent is unable or unwilling to act for me, I name as my successor agent: 18
Name of Successor Agent: _____________________________________________________ 19
Successor Agent’s 20
Address: _____________________________________________________________________ 21
Successor Agent’s 22
Telephone Number: ___________________________________________________________ 23
If my successor agent is unable or unwilling to act for me, I name as my second successor 24
agent: 25
Name of Second 26
Successor Agent: _____________________________________________________________ 27
4 HOUSE BILL 92
Second Successor 1
Agent’s Address: ______________________________________________________________ 2
Second Successor Agent’s 3
Telephone Number: ___________________________________________________________ 4
GRANT OF GENERAL AUTHORITY 5
I (“the principal”) grant my agent and any successor agent, with respect to each subject 6
listed below, the authority to do all acts that I could do to: 7
(1) Contract with another person, on terms agreeable to the agent, to 8
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 9
restate, release, or modify the contract or another contract made by or on behalf of the 10
principal; 11
(2) Execute, acknowledge, seal, deliver, file, or record any instrument or 12
communication the agent considers desirable to accomplish a purpose of a transaction; 13
(3) Seek on the principal’s behalf the assistance of a court or other 14
governmental agency to carry out an act authorized in this power of attorney; 15
(4) Initiate, participate in, submit to alternative dispute resolution, settle, 16
oppose, or propose or accept a compromise with respect to a claim existing in favor of or 17
against the principal or intervene in litigation relating to the claim; 18
(5) Engage, compensate, and discharge an attorney, accountant, 19
discretionary investment manager, expert witness, or other advisor; 20
(6) Prepare, execute, and file a record, report, or other document to 21
safeguard or promote the principal’s interest under a statute or regulation and 22
communicate with representatives or employees of a government or governmental 23
subdivision, agency, or instrumentality, on behalf of the principal; and 24
(7) Do lawful acts with respect to the subject and all property related to the 25
subject. 26
SUBJECTS AND AUTHORITY 27
My agent’s authority shall include the authority to act as stated below with regard to each 28
of the following subjects: 29
Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 30
convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 31
acquire or reject an interest in real property or a right incident to real property; pledge or 32
mortgage an interest in real property or right incident to real property as security to borrow 33
money or pay, renew, or extend the time of payment of a debt of the principal or a debt 34 HOUSE BILL 92 5
guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 1
enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 2
encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 3
conserve an interest in real property or a right incident to real property owned or claimed 4
to be owned by the principal, including: (1) insuring against liability or casualty or other 5
loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 6
or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 7
applying for and receiving refunds in connection with them; and (4) purchasing supplies, 8
hiring assistance or labor, and making repairs or alterations to the real property. 9
Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and 10
exchange stocks and bonds; establish, continue, modify, or terminate an account with 11
respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or 12
extend the time of payment of a debt of the principal; receive certificates and other 13
evidences of ownership with respect to stocks and bonds; exercise voting rights with respect 14
to stocks and bonds in person or by proxy, enter into voting trusts, and consent to 15
limitations on the right to vote. 16
Banks and other financial institutions – With respect to this subject, I authorize my agent 17
to: continue, modify, transact all business in connection with, and terminate an account or 18
other banking arrangement made by or on behalf of the principal; establish, modify, 19
transact all business in connection with, and terminate an account or other banking 20
arrangement with a bank, trust company, savings and loan association, credit union, thrift 21
company, brokerage firm, or other financial institution selected by the agent; contract for 22
services available from a financial institution, including renting a safe deposit box or space 23
in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or 24
leave in the custody of, a financial institution money or property of the principal; withdraw, 25
by check, money order, electronic funds transfer, or otherwise, money or property of the 26
principal deposited with or left in the custody of a financial institution; receive statements 27
of account, vouchers, notices, and similar documents from a financial institution and act 28
with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; 29
borrow money and pledge as security personal property of the principal necessary to borrow 30
money or pay, renew, or extend the time of payment of a debt of the principal or a debt 31
guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and 32
negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of 33
the principal or payable to the principal or the principal’s order, transfer money, receive 34
the cash or other proceeds of those transactions; and apply for, receive, and use credit cards 35
and debit cards, electronic transaction authorizations, and traveler’s checks from a 36
financial institution. 37
Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 38
pay the premium or make a contribution on, modify, exchange, rescind, release, or 39
terminate a contract procured by or on behalf of the principal that insures or provides an 40
annuity to either the principal or another person, whether or not the principal is a 41
beneficiary under the contract; procure new, different, and additional contracts of 42
insurance and annuities for the principal and select the amount, type of insurance or 43
annuity, and mode of payment; pay the premium or make a contribution on, modify, 44 6 HOUSE BILL 92
exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 1
agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 2
and receive the cash surrender value on a contract of insurance or annuity; exercise an 3
election; exercise investment powers available under a contract of insurance or annuity; 4
change the manner of paying premiums on a contract of insurance or annuity; change or 5
convert the type of insurance or annuity with respect to which the principal has or claims 6
to have authority described in this section; apply for and procure a benefit or assistance 7
under a statute or regulation to guarantee or pay premiums of a contract of insurance on 8
the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 9
interest of the principal in a contract of insurance or annuity; select the form and timing of 10
the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 11
otherwise, compromise or contest, and apply for refunds in connection with a tax or 12
assessment levied by a taxing authority with respect to a contract of insurance or annuity 13
or the proceeds or liability from the contract of insurance or annuity accruing by reason of 14
the tax or assessment. 15
Claims and litigation – With respect to this subject, I authorize my agent to: assert and 16
maintain before a court or administrative agency a claim, claim for relief, cause of action, 17
counterclaim, offset, recoupment, or defense, including an action to recover property or 18
other thing of value, recover damages sustained by the principal, eliminate or modify tax 19
liability, or seek an injunction, specific performance, or other relief; act for the principal 20
with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the 21
principal or some other person, or with respect to a reorganization, receivership, or 22
application for the appointment of a receiver or trustee that affects an interest of the 23
principal in property or other thing of value; pay a judgment, award, or order against the 24
principal or a settlement made in connection with a claim or litigation; and receive money 25
or other thing of value paid in settlement of or as proceeds of a claim or litigation. 26
Benefits from governmental programs or civil or military service (including any benefit, 27
program, or assistance provided under a statute or regulation including Social Security, 28
Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute 29
vouchers in the name of the principal for allowances and reimbursements payable by the 30
United States or a foreign government or by a state or subdivision of a state to the principal; 31
PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A 32
BENEFIT OR PROGRAM , INCLUDING OBTAINING PERSONAL AND FINANCI AL 33
RECORDS AND , TO THE EXTENT AUTHOR IZED IN THE SPECIAL INSTRUCTIO NS 34
BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll in, apply for, 35
select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program; 36
prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or 37
otherwise, to which the principal may be entitled under a statute or regulation; initiate, 38
participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept 39
a compromise with respect to litigation concerning a benefit or assistance the principal may 40
be entitled to receive under a statute or regulation; and receive the financial proceeds of a 41
claim described above and conserve, invest, disburse, or use for a lawful purpose anything 42
so received. 43
Retirement plans (including a plan or account created by an employer, the principal, or 44 HOUSE BILL 92 7
another individual to provide retirement benefits or deferred compensation of which the 1
principal is a participant, beneficiary, or owner, including a plan or account under the 2
following sections of the Internal Revenue Code: (1) an individual retirement account under 3
Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 4
account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 5
individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 6
408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 7
Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 8
retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 9
(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 10
nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 11
U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 12
timing of payments under a retirement plan and withdraw benefits from a plan; make a 13
rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 14
to another; establish a retirement plan in the principal’s name; make contributions to a 15
retirement plan; exercise investment powers available under a retirement plan; borrow 16
from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 17
my agent the authority to create or change a beneficiary designation for a retirement plan 18
may affect the benefits that I may receive if that authority is exercised. If I grant my agent 19
the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 20
beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 21
make the property subject to that authority taxable as a part of the agent’s estate. 22
Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 23
any retirement plan, and in particular if I wish to authorize the agent to designate as my 24
beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 25
this authority in the Special Instructions section that follows or in a separate power of 26
attorney. 27
Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, 28
state, local, and foreign income, gift, payroll, property, federal insurance contributions act, 29
and other tax returns, claims for refunds, requests for extension of time, petitions regarding 30
tax matters, and other tax–related documents, including receipts, offers, waivers, consents, 31
including consents and agreements under Internal Revenue Code Section 2032(A), 26 32
U.S.C. § 2032(A), closing agreements, and other powers of attorney required by the Internal 33
Revenue Service or other taxing authority with respect to a tax year on which the statute 34
of limitations has not run and the following 25 tax years; pay taxes due, collect refunds, 35
post bonds, receive confidential information, and contest deficiencies determined by the 36
Internal Revenue Service or other taxing authority; exercise elections available to the 37
principal under federal, state, local, or foreign tax law; and act for the principal in all tax 38
matters for all periods before the Internal Revenue Service, or other taxing authority. 39
Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 40
Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 41
the content of any of my electronic communications; (2) any catalogue of electronic 42
communications sent or received by me; and (3) any other digital asset in which I have a 43
right or interest. 44
8 HOUSE BILL 92
SPECIAL INSTRUCTIONS (OPTIONAL) 1
YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES: 2
___________________________________________________________________________________ 3
___________________________________________________________________________________ 4
___________________________________________________________________________________ 5
___________________________________________________________________________________ 6
___________________________________________________________________________________ 7
___________________________________________________________________________________ 8
___________________________________________________________________________________ 9
___________________________________________ 10
EFFECTIVE DATE 11
This power of attorney is effective immediately unless I have stated otherwise in the Special 12
Instructions. 13
TERMINATION DATE (OPTIONAL) 14
This power of attorney shall terminate on ______________________________, 20____. 15
(Use a specific calendar date) 16
NOMINATION OF GUARDIAN (OPTIONAL) 17
If it becomes necessary for a court to appoint a guardian of my property or guardian of my 18
person, I nominate the following person(s) for appointment: 19
Name of nominee for guardian of my property: __________________________________ 20
Nominee’s address: ___________________________________________________________ 21
Nominee’s telephone number: _________________________________________________ 22
Name of nominee for guardian of my person: ____________________________________ 23
Nominee’s address: ___________________________________________________________ 24
Nominee’s telephone number: _________________________________________________ 25
DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 26
(OPTIONAL) 27
If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I 28
designate the following person as my agent for purposes of making the election to take an 29
elective share of an estate subject to election under § 3–403 of the Estates and Trusts 30
Article: 31
Name of designated agent: _____________________________________________________ 32
Designated agent’s address: ____________________________________________________ 33
Designated agent’s telephone number: __________________________________________ 34
HOUSE BILL 92 9
SIGNATURE AND ACKNOWLEDGM ENT 1
________________________________________ __________________________ 2
Your Signature Date 3
______________________________________________________________________________ 4
Your Name Printed 5
___________________________________________________________________________________ 6
_________________________________________________________________________ 7
Your Address 8
______________________________________________________________________________ 9
Your Telephone Number 10
STATE OF MARYLAND 11
(COUNTY) OF _______________________________________________________________ 12
This document was acknowledged before me on 13
__________________________ 14
(Date) 15
By ______________________________________ to be his/her act. 16
(Name of Principal) 17
____________________________________________ (SEAL, IF ANY) 18
Signature of Notary 19
My commission expires: _____________________ 20
WITNESS ATTESTATION 21
The foregoing power of attorney was, on the date written above, published and declared by 22
____________________________________________ 23
(Name of Principal) 24
in our presence to be his/her power of attorney. We, in his/her presence and at his/her 25
request, and in the presence of each other, have attested to the same and have signed our 26
names as attesting witnesses. 27
____________________________________________ 28
Witness #1 Signature 29
____________________________________________ 30
Witness #1 Name Printed 31
____________________________________________ 32
____________________________________________ 33 10 HOUSE BILL 92
Witness #1 Address 1
____________________________________________ 2
Witness #1 Telephone Number 3
____________________________________________ 4
Witness #2 Signature 5
____________________________________________ 6
Witness #2 Name Printed 7
____________________________________________ 8
____________________________________________ 9
Witness #2 Address 10
____________________________________________ 11
Witness #2 Telephone Number” 12
17–203. 13
“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 14
PLEASE READ CAREFULLY 15
This power of attorney authorizes another person (your agent) to make decisions concerning 16
your property for you (the principal). You need not give to your agent all the authorities 17
listed below and may give the agent only those limited powers that you specifically indicate. 18
This power of attorney gives your agent the right to make limited decisions for you. You 19
should very carefully weigh your decision as to what powers you give your agent. Your 20
agent will be able to make decisions and act with respect to your property (including your 21
money) whether or not you are able to act for yourself. 22
If you choose to make a grant of limited authority, you should check the boxes that identify 23
the specific authorization you choose to give your agent. 24
This power of attorney does not authorize the agent to make health care decisions for you. 25
You should select someone you trust to serve as your agent. Unless you specify otherwise, 26
generally the agent’s authority will continue until you die or revoke the power of attorney 27
or the agent resigns or is unable to act for you. 28
Your agent is not entitled to compensation unless you indicate otherwise in the special 29
instructions of this power of attorney. If you indicate that your agent is to receive 30
compensation, your agent is entitled to reasonable compensation or compensation as 31
specified in the Special Instructions. 32
This form provides for designation of one agent. If you wish to name more than one agent 33
you may name a coagent in the Special Instructions. Coagents are required to act together 34
unanimously unless you specify otherwise in the Special Instructions. 35
If your agent is unavailable or unwilling to act for you, your power of attorney will end 36 HOUSE BILL 92 11
unless you have named a successor agent. You may also name a second successor agent. 1
This power of attorney becomes effective immediately unless you state otherwise in the 2
Special Instructions. 3
If you have questions about the power of attorney or the authority you are granting to your 4
agent, you should seek legal advice before signing this form. 5
DESIGNATION OF AGENT 6
This section of the form provides for designation of one agent. 7
If you wish to name coagents, skip this section and use the next section (“Designation of 8
Coagents”). 9
I, ___________________________________________________, name the following person 10
(Name of Principal) 11
as my agent: 12
Name of 13
Agent: _______________________________________________________________________ 14
Agent’s 15
Address: _____________________________________________________________________ 16
Agent’s Telephone 17
Number: _____________________________________________________________________ 18
DESIGNATION OF COAGENTS (OPTIONAL) 19
This section of the form provides for designation of two or more coagents. Coagents are 20
required to act together unanimously unless you otherwise provide in this form. 21
I, ___________________________________________________________________________, 22
(Name of Principal) 23
Name the following persons as coagents: 24
Name of Coagent: ____________________________________________________________ 25
Coagent’s Address: ___________________________________________________________ 26
Coagent’s Telephone Number: _________________________________________________ 27
Name of Coagent: ____________________________________________________________ 28
Coagent’s Address: ___________________________________________________________ 29
12 HOUSE BILL 92
Coagent’s Telephone Number: _________________________________________________ 1
Special Instructions Regarding Coagents: _______________________________________ 2
___________________________________________________________________________________ 3
___________________________________________________________________________________ 4
____________________________________________________________________ 5
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 6
If my agent is unable or unwilling to act for me, I name as my successor agent: 7
Name of Successor Agent: _____________________________________________________ 8
Successor Agent’s 9
Address: _____________________________________________________________________ 10
Successor Agent’s Telephone Number: __________________________________________ 11
If my successor agent is unable or unwilling to act for me, I name as my second successor 12
agent: 13
Name of Second Successor 14
Agent: _______________________________________________________________________ 15
Second Successor Agent’s 16
Address: _____________________________________________________________________ 17
Second Successor Agent’s Telephone Number: ___________________________________ 18
GRANT OF GENERAL AUTHORITY 19
I (“the principal”) grant my agent and any successor agent, with respect to each subject 20
that I choose below, the authority to do all acts that I could do to: 21
(1) Demand, receive, and obtain by litigation or otherwise, money or 22
another thing of value to which the principal is, may become, or claims to be entitled, and 23
conserve, invest, disburse, or use anything so received or obtained for the purposes 24
intended; 25
(2) Contract with another person, on terms agreeable to the agent, to 26
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 27
restate, release, or modify the contract or another contract made by or on behalf of the 28
principal; 29
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or 30
communication the agent considers desirable to accomplish a purpose of a transaction, 31
including creating a schedule contemporaneously or at a later time listing some or all of the 32
principal’s property and attaching the schedule to this power of attorney; 33
(4) Initiate, participate in, submit to alternative dispute resolution, settle, 34
oppose, or propose or accept a compromise with respect to a claim existing in favor of or 35 HOUSE BILL 92 13
against the principal or intervene in litigation relating to the claim; 1
(5) Seek on the principal’s behalf the assistance of a court or other 2
governmental agency to carry out an act authorized in this power of attorney; 3
(6) Engage, compensate, and discharge an attorney, accountant, 4
discretionary investment manager, expert witness, or other advisor; 5
(7) Prepare, execute, and file a record, report, or other document to 6
safeguard or promote the principal’s interest under a statute or regulation; 7
(8) Communicate with representatives or employees of a government or 8
governmental subdivision, agency, or instrumentality, on behalf of the principal; 9
(9) Access communications intended for, and communicate on behalf of the 10
principal, whether by mail, electronic transmission, telephone, or other means; and 11
(10) Do lawful acts with respect to the subject and all property related to the 12
subject. 13
(INITIAL each authority in any subject you want to include in the agent’s general 14
authority. Cross through each authority in any subject that you want to exclude. If you 15
wish to grant general authority over an entire subject, you may initial “All of the above” 16
instead of initialing each authority.) 17
SUBJECTS AND AUTHORITY 18
A. Real Property – With respect to this category, I authorize my agent to: 19
(___) Demand, buy, lease, receive, accept as a gift or as security for an 20
extension of credit, or otherwise acquire or reject an interest in real property or a right 21
incident to real property 22
(___) Sell, exchange, convey with or without covenants, representations, or 23
warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 24
consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 25
other governmental permits, plat or consent to platting, develop, grant an option 26
concerning, lease, sublease, contribute to an entity in exchange for an interest in that 27
entity, or otherwise grant or dispose of an interest in real property or a right incident to 28
real property 29
(___) Pledge or mortgage an interest in real property or right incident to real 30
property as security to borrow money or pay, renew, or extend the time of payment of a 31
debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 32
(___) Release, assign, satisfy, or enforce by litigation or otherwise a 33
mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 34 14 HOUSE BILL 92
property that exists or is asserted 1
(___) Manage or conserve an interest in real property or a right incident to 2
real property owned or claimed to be owned by the principal, including: 3
(1) Insuring against liability or casualty or other loss; 4
(2) Obtaining or regaining possession of or protecting the interest or right 5
by litigation or otherwise; 6
(3) Paying, assessing, compromising, or contesting taxes or assessments or 7
applying for and receiving refunds in connection with them; and 8
(4) Purchasing supplies, hiring assistance or labor, and making repairs or 9
alterations to the real property 10
(___) Use, develop, alter, replace, remove, erect, or install structures or other 11
improvements on real property in or incident to which the principal has, or claims to have, 12
an interest or right 13
(___) Participate in a reorganization with respect to real property or an entity 14
that owns an interest in or a right incident to real property and receive, hold, and act with 15
respect to stocks and bonds or other property received in a plan of reorganization, including: 16
(1) Selling or otherwise disposing of the stocks and bonds or other property; 17
(2) Exercising or selling an option, a right of conversion, or a similar right 18
with respect to the stocks and bonds or other property; and 19
(3) Exercising voting rights in person or by proxy 20
(___) Change the form of title of an interest in or a right incident to real 21
property 22
(___) Dedicate to public use, with or without consideration, easements or 23
other real property in which the principal has, or claims to have, an interest 24
(___) All of the above 25
B. Tangible Personal Property – With respect to this subject, I authorize my 26
agent to: 27
(___) Demand, buy, receive, accept as a gift or as security for an extension of 28
credit, or otherwise acquire or reject ownership or possession of tangible personal property 29
or an interest in tangible personal property 30
(___) Sell, exchange, convey with or without covenants, representations, or 31 HOUSE BILL 92 15
warranties, quitclaim, release, surrender, create a security interest in, grant options 1
concerning, lease, sublease, or otherwise dispose of tangible personal property or an 2
interest in tangible personal property 3
(___) Grant a security interest in tangible personal property or an interest in 4
tangible personal property as security to borrow money or pay, renew, or extend the time 5
of payment of a debt of the principal or a debt guaranteed by the principal 6
(___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 7
interest, lien, or other claim on behalf of the principal, with respect to tangible personal 8
property or an interest in tangible personal property 9
(___) Manage or conserve tangible personal property or an interest in 10
tangible personal property on behalf of the principal, including: 11
(1) Insuring against liability or casualty or other loss; 12
(2) Obtaining or regaining possession of or protecting the property or 13
interest, by litigation or otherwise; 14
(3) Paying, assessing, compromising, or contesting taxes or assessments or 15
applying for and receiving refunds in connection with taxes or assessments; 16
(4) Moving the property from place to place; 17
(5) Storing the property for hire or on a gratuitous bailment; and 18
(6) Using and making repairs, alterations, or improvements to the property 19
(___) Change the form of title of an interest in tangible personal property 20
(___) All of the above 21
C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 22
(___) Buy, sell, and exchange stocks and bonds 23
(___) Establish, continue, modify, or terminate an account with respect to 24
stocks and bonds 25
(___) Pledge stocks and bonds as security to borrow, pay, renew, or extend 26
the time of payment of a debt of the principal 27
(___) Receive certificates and other evidences of ownership with respect to 28
stocks and bonds 29
(___) Exercise voting rights with respect to stocks and bonds in person or by 30 16 HOUSE BILL 92
proxy, enter into voting trusts, and consent to limitations on the right to vote 1
(___) All of the above 2
D. Commodities – With respect to this subject, I authorize my agent to: 3
(___) Buy, sell, exchange, assign, settle, and exercise commodity futures 4
contracts and call or put options on stocks or stock indexes traded on a regulated option 5
exchange 6
(___) Establish, continue, modify, and terminate option accounts 7
(___) All of the above 8
E. Banks and Other Financial Institutions – With respect to this subject, I 9
authorize my agent to: 10
(___) Continue, modify, transact all business in connection with, and 11
terminate an account or other banking arrangement made by or on behalf of the principal 12
(___) Establish, modify, transact all business in connection with, and 13
terminate an account or other banking arrangement with a bank, trust company, savings 14
and loan association, credit union, thrift company, brokerage firm, or other financial 15
institution selected by the agent 16
(___) Contract for services available from a financial institution, including 17
renting a safe deposit box or space in a vault 18
(___) Deposit by check, money order, electronic funds transfer, or otherwise 19
with, or leave in the custody of, a financial institution money or property of the principal 20
(___) Withdraw, by check, money order, electronic funds transfer, or 21
otherwise, money or property of the principal deposited with or left in the custody of a 22
financial institution 23
(___) Receive statements of account, vouchers, notices, and similar 24
documents from a financial institution and act with respect to them 25
(___) Enter a safe deposit box or vault and withdraw or add to the contents 26
(___) Borrow money and pledge as security personal property of the principal 27
necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 28
principal or a debt guaranteed by the principal 29
(___) Make, assign, draw, endorse, discount, guarantee, and negotiate 30
promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 31
principal or payable to the principal or the principal’s order, transfer money, receive the 32 HOUSE BILL 92 17
cash or other proceeds of those transactions, and accept a draft drawn by a person on the 1
principal and pay the draft when due 2
(___) Receive for the principal and act on a sight draft, warehouse receipt, 3
other document of title whether tangible or electronic, or other negotiable or nonnegotiable 4
instrument 5
(___) Apply for, receive, and use letters of credit, credit cards and debit cards, 6
electronic transaction authorizations, and traveler’s checks from a financial institution and 7
give an indemnity or other agreement in connection with letters of credit 8
(___) Consent to an extension of the time of payment with respect to 9
commercial paper or a financial transaction with a financial institution 10
(___) All of the above 11
F. Operation of an Entity or a Business – With respect to this subject, I authorize 12
my agent to: 13
(___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 14
(___) Perform a duty or discharge a liability and exercise in person or by 15
proxy a right, power, privilege, or an option that the principal has, may have, or claims to 16
have 17
(___) Enforce the terms of an ownership agreement 18
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 19
oppose, or propose or accept a compromise with respect to litigation to which the principal 20
is a party because of an ownership interest 21
(___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 22
right, power, privilege, or an option the principal has or claims to have as the holder of 23
stocks and bonds 24
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 25
oppose, or propose or accept a compromise with respect to litigation to which the principal 26
is a party concerning stocks and bonds 27
(___) With respect to an entity or business owned solely by the principal: 28
(1) Continue, modify, renegotiate, extend, and terminate a contract made 29
by or on behalf of the principal with respect to the entity or business before execution of 30
this power of attorney; 31
(2) Determine: 32
18 HOUSE BILL 92
(i) The location of the operation of the entity or business; 1
(ii) The nature and extent of the business of the entity or business; 2
(iii) The methods of manufacturing, selling, merchandising, 3
financing, accounting, and advertising employed in the operation of the entity or business; 4
(iv) The amount and types of insurance carried by the entity or 5
business; and 6
(v) The mode of engaging, compensating, and dealing with the 7
employees and accountants, attorneys, or other advisors of the entity or business; 8
(3) Change the name or form of organization under which the entity or 9
business is operated and enter into an ownership agreement with other persons to take 10
over all or part of the operation of the entity or business; and 11
(4) Demand and receive money due or claimed by the principal or on the 12
principal’s behalf in the operation of the entity or business and control and disburse the 13
money in the operation of the entity or business 14
(___) Put additional capital into an entity or a business in which the principal 15
has an interest 16
(___) Join in a plan of reorganization, consolidation, conversion, 17
domestication, or merger of the entity or business 18
(___) Sell or liquidate all or part of an entity or business 19
(___) Establish the value of an entity or a business under a buyout agreement 20
to which the principal is a party 21
(___) Prepare, sign, file, and deliver reports, compilations of information, 22
returns, or other papers with respect to an entity or business and make related payments 23
(___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 24
perform other acts to protect the principal from illegal or unnecessary taxation, 25
assessments, fines, or penalties, with respect to an entity or a business, including attempts 26
to recover, as permitted by law, money paid before or after the execution of this power of 27
attorney 28
(___) All of the above 29
G. Insurance and Annuities – With respect to this subject, I authorize my agent 30
to: 31
(___) Continue, pay the premium or make a contribution on, modify, 32 HOUSE BILL 92 19
exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 1
that insures or provides an annuity to either the principal or another person, whether or 2
not the principal is a beneficiary under the contract 3
(___) Procure new, different, and additional contracts of insurance and 4
annuities for the principal and the principal’s spouse, children, and other dependents, and 5
select the amount, type of insurance or annuity, and mode of payment 6
(___) Pay the premium or make a contribution on, modify, exchange, rescind, 7
release, or terminate a contract of insurance or annuity procured by the agent 8
(___) Apply for and receive a loan secured by a contract of insurance or 9
annuity 10
(___) Surrender and receive the cash surrender value on a contract of 11
insurance or annuity 12
(___) Exercise an election 13
(___) Exercise investment powers available under a contract of insurance or 14
annuity 15
(___) Change the manner of paying premiums on a contract of insurance or 16
annuity 17
(___) Change or convert the type of insurance or annuity with respect to 18
which the principal has or claims to have authority described in this section 19
(___) Apply for and procure a benefit or assistance under a statute or 20
regulation to guarantee or pay premiums of a contract of insurance on the life of the 21
principal 22
(___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 23
of the principal in a contract of insurance or annuity 24
(___) Select the form and timing of the payment of proceeds from a contract 25
of insurance or annuity 26
(___) Pay, from proceeds or otherwise, compromise or contest, and apply for 27
refunds in connection with a tax or assessment levied by a taxing authority with respect to 28
a contract of insurance or annuity or the proceeds or liability from the contract of insurance 29
or annuity accruing by reason of the tax or assessment 30
(___) All of the above 31
H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 32
estates, guardianships, conservatorships, escrows, or custodianships or funds from which 33 20 HOUSE BILL 92
the principal is, may become, or claims to be entitled to a share or payment) – With respect 1
to this subject, I authorize my agent to: 2
(___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 3
or payment from the fund described above 4
(___) Demand or obtain money or another thing of value to which the 5
principal is, may become, or claims to be entitled by reason of the fund described above, by 6
litigation or otherwise 7
(___) Exercise for the benefit of the principal a presently exercisable general 8
power of appointment held by the principal 9
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 10
oppose, or propose or accept a compromise with respect to litigation to ascertain the 11
meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 12
transaction affecting the interest of the principal 13
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 14
oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 15
or surcharge a fiduciary 16
(___) Conserve, invest, disburse, or use anything received for an authorized 17
purpose 18
(___) Transfer an interest of the principal in real property, stocks and bonds, 19
accounts with financial institutions or securities intermediaries, insurance, annuities, and 20
other property to the trustee of a revocable trust created by the principal as settlor 21
(___) Reject, renounce, disclaim, release, or consent to a reduction in or 22
modification of a share in or payment from the fund described above 23
(___) Elect to take an elective share of an estate subject to election under § 24
3–403 of the Estates and Trusts Article 25
(___) All of the above 26
I. Claims and Litigation – With respect to this subject, I authorize my agent to: 27
(___) Assert and maintain before a court or administrative agency a claim, 28
claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 29
action to recover property or other thing of value, recover damages sustained by the 30
principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 31
other relief 32
(___) Bring an action to determine adverse claims or intervene or otherwise 33
participate in litigation 34 HOUSE BILL 92 21
(___) Seek an attachment, garnishment, order of arrest, or other preliminary, 1
provisional, or intermediate relief and use an available procedure to effect or satisfy a 2
judgment, order, or decree 3
(___) Make or accept a tender, offer of judgment, or admission of facts, submit 4
a controversy on an agreed statement of facts, consent to examination, and bind the 5
principal in litigation 6
(___) Submit to alternative dispute resolution, settle, and propose or accept 7
a compromise 8
(___) Waive the issuance and service of process on the principal, accept 9
service of process, appear for the principal, designate persons on which process directed to 10
the principal may be served, execute and file or deliver stipulations on the principal’s 11
behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 12
bonds, contract and pay for the preparation and printing of records and briefs, receive, 13
execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 14
of judgment, notice, agreement, or other instrument in connection with the prosecution, 15
settlement, or defense of a claim or litigation 16
(___) Act for the principal with respect to bankruptcy or insolvency, whether 17
voluntary or involuntary, concerning the principal or some other person, or with respect to 18
a reorganization, receivership, or application for the appointment of a receiver or trustee 19
that affects an interest of the principal in property or other thing of value 20
(___) Pay a judgment, award, or order against the principal or a settlement 21
made in connection with a claim or litigation 22
(___) Receive money or other thing of value paid in settlement of or as 23
proceeds of a claim or litigation 24
(___) All of the above 25
J. Personal and Family Maintenance – With respect to this subject, I authorize 26
my agent to: 27
(___) Perform the acts necessary to maintain the customary standard of 28
living of the principal, the principal’s spouse, and the following individuals, whether living 29
when this power of attorney is executed or later born: 30
(1) The principal’s children; 31
(2) Other individuals legally entitled to be supported by the 32
principal; and 33
(3) The individuals whom the principal has customarily supported 34 22 HOUSE BILL 92
or indicated the intent to support; 1
(___) Make periodic payments of child support and other family maintenance 2
required by a court or governmental agency or an agreement to which the principal is a 3
party 4
(___) Provide living quarters for the individuals described above by: 5
(1) Purchase, lease, or other contract; or 6
(2) Paying the operating costs, including interest, amortization 7
payments, repairs, improvements, and taxes, for premises owned by the principal or 8
occupied by those individuals 9
(___) Provide normal domestic help, usual vacations and travel expenses, and 10
funds for shelter, clothing, food, appropriate education, including postsecondary and 11
vocational education, and other current living costs for the individuals described above 12
(___) Pay expenses for necessary health care and custodial care on behalf of 13
the individuals described above 14
(___) Act as the principal’s personal representative in accordance with the 15
Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 16
Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 17
the past, present, or future payment for the provision of health care consented to by the 18
principal or anyone authorized under the law of this State to consent to health care on 19
behalf of the principal 20
(___) Continue provisions made by the principal for automobiles or other 21
means of transportation, including registering, licensing, insuring, and replacing the 22
means of transportation, for the individuals described above 23
(___) Maintain credit and debit accounts for the convenience of the 24
individuals described above and open new accounts 25
(___) Continue payments incidental to the membership or affiliation of the 26
principal in a religious institution, club, society, order, or other organization or to continue 27
contributions to those organizations 28
(NOTE: Authority with respect to personal and family maintenance is neither 29
dependent on, nor limited by, authority that an agent may or may not have with respect to 30
gifts under this power of attorney.) 31
(___) All of the above 32
K. Benefits from Governmental Programs or Civil or Military Service (including 33
any benefit, program, or assistance provided under a statute or regulation including Social 34 HOUSE BILL 92 23
Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: 1
(___) Execute vouchers in the name of the principal for allowances and 2
reimbursements payable by the United States or a foreign government or by a state or 3
subdivision of a state to the principal, including allowances and reimbursements for 4
transportation of the individuals described in “J. Personal and Family Maintenance” above, 5
and for shipment of the household effects of those individuals 6
(___) Take possession and order the removal and shipment of property of the 7
principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 8
either governmental or private, and execute and deliver a release, voucher, receipt, bill of 9
lading, shipping ticket, certificate, or other instrument for that purpose 10
(___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 11
QUALIFY FOR A BENEFIT OR PRO GRAM, INCLUDING OBTAINING PERSONAL AND 12
FINANCIAL RECORDS AN D, TO THE EXTENT SPECIF ICALLY AUTHORIZED BE LOW, TO 13
TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 14
(___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 15
principal’s behalf, a benefit or program 16
(___) Prepare, file, and maintain a claim of the principal for a benefit or 17
assistance, financial or otherwise, to which the principal may be entitled under a statute 18
or regulation 19
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 20
oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 21
assistance the principal may be entitled to receive under a statute or regulation 22
(___) Receive the financial proceeds of a claim described above and conserve, 23
invest, disburse, or use for a lawful purpose anything so received 24
(___) All of the above 25
L. Retirement Plans (including a plan or account created by an employer, the 26
principal, or another individual to provide retirement benefits or deferred compensation of 27
which the principal is a participant, beneficiary, or owner, including a plan or account 28
under the following sections of the Internal Revenue Code: 29
(1) An individual retirement account under Internal Revenue Code Section 30
408, 26 U.S.C. § 408; 31
(2) A Roth individual retirement account under Internal Revenue Code 32
Section 408A, 26 U.S.C. § 408A; 33
(3) A deemed individual retirement account under Internal Revenue Code 34
Section 408(q), 26 U.S.C. § 408(q); 35 24 HOUSE BILL 92
(4) An annuity or mutual fund custodial account under Internal Revenue 1
Code Section 403(b), 26 U.S.C. § 403(b); 2
(5) A pension, profit–sharing, stock bonus, or other retirement plan 3
qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 4
(6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 5
and 6
(7) A nonqualified deferred compensation plan under Internal Revenue 7
Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 8
to: 9
(___) Select the form and timing of payments under a retirement plan and 10
withdraw benefits from a plan 11
(___) Make a rollover, including a direct trustee–to–trustee rollover, of 12
benefits from one retirement plan to another 13
(___) Establish a retirement plan in the principal’s name 14
(___) Make contributions to a retirement plan 15
(___) Exercise investment powers available under a retirement plan 16
(___) Borrow from, sell assets to, or purchase assets from a retirement plan 17
(___) All of the above 18
M. Taxes – With respect to this subject, I authorize my agent to: 19
(___) Prepare, sign, and file federal, state, local, and foreign income, gift, 20
payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 21
refunds, requests for extension of time, petitions regarding tax matters, and other 22
tax–related documents, including receipts, offers, waivers, consents, including consents 23
and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 24
agreements, and other powers of attorney required by the Internal Revenue Service or other 25
taxing authority with respect to a tax year on which the statute of limitations has not run 26
and the following 25 tax years 27
(___) Pay taxes due, collect refunds, post bonds, receive confidential 28
information, and contest deficiencies determined by the Internal Revenue Service or other 29
taxing authority 30
(___) Exercise elections available to the principal under federal, state, local, 31
or foreign tax law 32 HOUSE BILL 92 25
(___) Act for the principal in all tax matters for all periods before the Internal 1
Revenue Service, or other taxing authority 2
(___) All of the above 3
N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 4
SUBJECT, I AUTHORIZE MY AGENT T O: 5
(___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 6
FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under 7
the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 8
defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 9
as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 10
to this subject, I authorize my agent to: 11
(___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 12
NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL 13
SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 14
presently exercisable general power of appointment held by the principal, in an amount for 15
each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 16
Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 17
federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 18
a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 19
for each donee not to exceed twice the annual federal gift tax exclusion limit 20
(___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 21
2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 22
not to exceed the aggregate annual gift tax exclusions for both spouses 23
(NOTE: An agent may only make a gift of the principal’s property as the agent 24
determines is consistent with the principal’s objectives if actually known by the agent and, 25
if unknown, as the agent determines is consistent with the principal’s best interest based 26
on all relevant factors, including: 27
(1) The value and nature of the principal’s property; 28
(2) The principal’s foreseeable obligations and need for maintenance; 29
(3) Minimization of taxes, including income, estate, inheritance, 30
generation–skipping transfer, and gift taxes; 31
(4) Eligibility for a benefit, a program, or assistance under a statute or 32
regulation; and 33
(5) The principal’s personal history of making or joining in making gifts.) 34 26 HOUSE BILL 92
(___) All of the above 1
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 2
[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 3
for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 4
(Caution: Granting any of the following will give your agent the authority to take actions 5
that could significantly reduce your property or change how your property is distributed at 6
your death. In addition, granting your agent the authority to make gifts to, or to designate 7
as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 8
the agent may constitute a taxable gift by you and may make the property subject to that 9
authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 10
WANT to give your agent.) 11
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 12
POWER OF ATTORNEY WITHOUT R ESTRICTION ON THE AM OUNT OF THE GIFT OR 13
TRANSFER 14
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 15
POWER OF ATTORNEY IN FAVOR OF MY AGENT 16
(___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 17
existing inter vivos trust if the trust expressly authorizes that action by the agent] 18
INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 19
THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 20
OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 21
INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 22
PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 23
DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 24
TRUST, OR OTHER INSTRUMENT 25
(___) AMEND, REVOKE, OR TERMINATE AN EXIS TING INTER VIVOS TRU ST IF 26
THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT 27
(___) Make a gift, subject to any special instructions in this power of attorney, 28
INCLUDING A GIFT OF THE PRINCIPAL’S ASSETS TO ASSIST T HE PRINCIPAL IN 29
MEETING THE ELIGIBIL ITY REQUIREMENTS AND QUALIFYING FOR A BEN EFIT OR 30
PROGRAM 31
(___) Create or change rights of survivorship 32
(___) Create or change a beneficiary designation, subject to any special instructions 33
in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 34 HOUSE BILL 92 27
agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 1
authority within the special instructions of this power of attorney or in a separate power of 2
attorney 3
(___) Authorize another person to exercise the authority granted under this power 4
of attorney 5
(___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, 6
including a survivor benefit under a retirement plan 7
(___) Exercise fiduciary powers that the principal has authority to delegate 8
(___) Disclaim or refuse an interest in property, including a power of appointment 9
(___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 10
access and take control of (1) the content of any of my electronic communications, (2) any 11
catalogue of electronic communications sent or received by me, and (3) any other digital 12
asset in which I have a right or interest 13
(___) Demand the delivery of the principal’s will from the custodian of the will and, 14
on delivery of the principal’s will, take custody of the will subject to the requirements of 15
Title 4, Subtitle 2 of the Estates and Trusts Article 16
LIMITATION ON AGENT’S AUTHORITY 17
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 18
benefit the agent or a person to whom the agent owes an obligation of support unless I have 19
included that authority in the Special Instructions. 20
SPECIAL INSTRUCTIONS (OPTIONAL) 21
You may give special instructions on the following lines: 22
___________________________________________________________________________________ 23
___________________________________________________________________________________ 24
___________________________________________________________________________________ 25
___________________________________________________________________________________ 26
___________________________________________________________________________________ 27
___________________________________________________________________________________ 28
________________________________________________ 29
EFFECTIVE DATE 30
This power of attorney is effective immediately unless I have stated otherwise in the Special 31
Instructions. 32
TERMINATION DATE (OPTIONAL) 33 28 HOUSE BILL 92
This power of attorney shall terminate on _______________________________, 20______. 1
(Use a specific calendar date) 2
NOMINATION OF GUARDIAN (OPTIONAL) 3
If it becomes necessary for a court to appoint a guardian of my property or guardian of my 4
person, I nominate the following person(s) for appointment: 5
Name of Nominee for guardian of my property: 6
_____________________________________________________________________________ 7
Nominee’s Address: __________________________________________________________ 8
Nominee’s Telephone Number: ________________________________________________ 9
Name of Nominee for guardian of my person: 10
______________________________________________________________________________ 11
Nominee’s Address: ___________________________________________________________ 12
Nominee’s Telephone Number: ________________________________________________ 13
SIGNATURE AND ACKNOWLEDGMENT 14
_____________________________________________ __________________________ 15
Your Signature Date 16
______________________________________________________________________________ 17
Your Name Printed 18
___________________________________________________________________________________ 19
_________________________________________________________________________ 20
Your Address 21
______________________________________________________________________________ 22
Your Telephone Number 23
STATE OF MARYLAND 24
(COUNTY) OF _______________________________________________________________ 25
This document was acknowledged before me on 26
______________________________________________________________________________, 27
(Date) 28
by ___________________________________________________________________________. 29
(Name of Principal) 30
__________________________________________________________________ (Seal, if any) 31
Signature of Notary 32
My commission expires: _______________________________________________________ 33 HOUSE BILL 92 29
WITNESS ATTESTATION 1
The foregoing power of attorney was, on the date written above, published and declared by 2
______________________________________________________________________________ 3
(Name of Principal) 4
in our presence to be his/her power of attorney. We, in his/her presence and at his/her 5
request, and in the presence of each other, have attested to the same and have signed our 6
names as attesting witnesses. 7
____________________________________________ 8
Witness #1 Signature 9
____________________________________________ 10
Witness #1 Name Printed 11
____________________________________________ 12
____________________________________________ 13
Witness #1 Address 14
____________________________________________ 15
Witness #1 Telephone Number 16
____________________________________________ 17
Witness #2 Signature 18
____________________________________________ 19
Witness #2 Name Printed 20
____________________________________________ 21
____________________________________________ 22
Witness #2 Address 23
____________________________________________ 24
Witness #2 Telephone Number 25
This document prepared by: 26
___________________________________________________________________________________ 27
_________________________________________________________________________ 28
IMPORTANT INFORMATION FOR AGENT 29
Agent’s Duties 30
When you accept the authority granted under this power of attorney, a special legal 31
relationship is created between you and the principal. This relationship imposes on you 32
legal duties that continue until you resign or the power of attorney is terminated or revoked. 33
You must: 34
(1) Do what you know the principal reasonably expects you to do with the 35 30 HOUSE BILL 92
principal’s property or, if you do not know the principal’s expectations, act in the principal’s 1
best interest; 2
(2) Act with care, competence, and diligence for the best interest of the principal; 3
(3) Do nothing beyond the authority granted in this power of attorney; and 4
(4) Disclose your identity as an agent whenever you act for the principal by 5
writing or printing the name of the principal and signing your own name as “agent” in the 6
following manner: 7
__________________________________ ______________________________________ 8
(Principal’s Name) by (Your Signature) as Agent 9
Unless the Special Instructions in this power of attorney state otherwise, you must also: 10
(1) Act loyally for the principal’s benefit; 11
(2) Avoid conflicts that would impair your ability to act in the principal’s best 12
interest; 13
(3) Keep a record of all receipts, disbursements, and transactions made on behalf 14
of the principal; 15
(4) Cooperate with any person that has authority to make health care decisions 16
for the principal to do what you know the principal reasonably expects or, if you do not 17
know the principal’s expectations, to act in the principal’s best interest; and 18
(5) Attempt to preserve the principal’s estate plan if you know the plan and 19
preserving the plan is consistent with the principal’s best interest. 20
Termination of Agent’s Authority 21
You must stop acting on behalf of the principal if you learn of any event that terminates 22
this power of attorney or your authority under this power of attorney. Events that 23
terminate a power of attorney or your authority to act under a power of attorney include: 24
(1) Death of the principal; 25
(2) The principal’s revocation of the power of attorney or your authority; 26
(3) The occurrence of a termination event stated in the power of attorney; 27
(4) The purpose of the power of attorney is fully accomplished; or 28
(5) If you are married to the principal, a legal action is filed with a court to end 29
your marriage, or for your legal separation, unless the Special Instructions in this power of 30 HOUSE BILL 92 31
attorney state that such an action will not terminate your authority. 1
Liability of Agent 2
The meaning of the authority granted to you is defined in the Maryland Power of Attorney 3
Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 4
Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 5
granted, you may be liable for any damages caused by your violation. 6
If there is anything about this document or your duties that you do not understand, you 7
should seek legal advice.” 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2022. 10
Approved:
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Governor.
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Speaker of the House of Delegates.
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President of the Senate.