| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0092* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 92 | |
| 11 | 8 | N2 2lr0391 | |
| 12 | 9 | HB 870/21 – JUD (PRE–FILED) | |
| 13 | 10 | By: Delegate Hill | |
| 14 | 11 | Requested: August 18, 2021 | |
| 15 | 12 | Introduced and read first time: January 12, 2022 | |
| 16 | 13 | Assigned to: Judiciary | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 15, 2022 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Maryland General and Limited Power of Attorney Act – Assistance With 2 | |
| 26 | 20 | Governmental Benefits and Programs 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of altering certain statutory forms for a power of attorney to include 4 | |
| 29 | 23 | certain provisions relating to the authority of an agent to perform certain acts 5 | |
| 30 | 24 | relating to eligibility and qualifications for certain governmental benefits or 6 | |
| 31 | 25 | programs; altering a certain provision in a certain statutory form for a limited power 7 | |
| 32 | 26 | of attorney relating to the authority of an agent to make a gift of part or all of a 8 | |
| 33 | 27 | principal’s property or to take certain actions with respect to certain trusts under 9 | |
| 34 | 28 | certain circumstances; and generally relating to powers of attorney. 10 | |
| 35 | 29 | ||
| 36 | 30 | BY repealing and reenacting, with amendments, 11 | |
| 37 | 31 | Article – Estates and Trusts 12 | |
| 38 | 32 | Section 17–202 and 17–203 13 | |
| 39 | 33 | Annotated Code of Maryland 14 | |
| 40 | 34 | (2017 Replacement Volume and 2021 Supplement) 15 | |
| 41 | 35 | ||
| 42 | 36 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
| 43 | 37 | That the Laws of Maryland read as follows: 17 | |
| 44 | 38 | ||
| 45 | 39 | Article – Estates and Trusts 18 | |
| 46 | 40 | ||
| 47 | 41 | 17–202. 19 | |
| 42 | + | ||
| 43 | + | “MARYLAND STATUTORY FORM 20 | |
| 44 | + | ||
| 45 | + | PERSONAL FINANCIAL POWER OF ATTORNEY 21 | |
| 46 | + | ||
| 47 | + | IMPORTANT INFORMATION AND WARNING 22 | |
| 48 | 48 | 2 HOUSE BILL 92 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | “MARYLAND STATUTORY FORM 1 | |
| 51 | + | You should be very careful in deciding whether or not to sign this document. The powers 1 | |
| 52 | + | granted by you (the principal) in this document are broad and sweeping. This power of 2 | |
| 53 | + | attorney authorizes another person (your agent) to make decisions concerning your 3 | |
| 54 | + | property for you (the principal). Your agent will be able to make decisions and act with 4 | |
| 55 | + | respect to your property (including your money) whether or not you are able to act for 5 | |
| 56 | + | yourself. 6 | |
| 52 | 57 | ||
| 53 | - | PERSONAL FINANCIAL POWER OF ATTORNEY 2 | |
| 58 | + | You should select someone you trust to serve as your agent. Unless you specify otherwise, 7 | |
| 59 | + | generally the agent’s authority will continue until you die or revoke the power of attorney 8 | |
| 60 | + | or the agent resigns or is unable to act for you. 9 | |
| 54 | 61 | ||
| 55 | - | IMPORTANT INFORMATION AND WARNING 3 | |
| 62 | + | You need not grant all of the powers listed below. If you choose to grant less than all of the 10 | |
| 63 | + | listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 11 | |
| 64 | + | and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 12 | |
| 65 | + | intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 13 | |
| 66 | + | Agent to exercise. 14 | |
| 56 | 67 | ||
| 57 | - | You should be very careful in deciding whether or not to sign this document. The powers 4 | |
| 58 | - | granted by you (the principal) in this document are broad and sweeping. This power of 5 | |
| 59 | - | attorney authorizes another person (your agent) to make decisions concerning your 6 | |
| 60 | - | property for you (the principal). Your agent will be able to make decisions and act with 7 | |
| 61 | - | respect to your property (including your money) whether or not you are able to act for 8 | |
| 62 | - | yourself. 9 | |
| 68 | + | This power of attorney becomes effective immediately unless you state otherwise in the 15 | |
| 69 | + | Special Instructions. 16 | |
| 63 | 70 | ||
| 64 | - | You should select someone you trust to serve as your agent. Unless you specify otherwise, 10 | |
| 65 | - | generally the agent’s authority will continue until you die or revoke the power of attorney 11 | |
| 66 | - | or the agent resigns or is unable to act for you. 12 | |
| 71 | + | You should obtain competent legal advice before you sign this power of attorney if you have 17 | |
| 72 | + | any questions about the document or the authority you are granting to your agent. 18 | |
| 67 | 73 | ||
| 68 | - | You need not grant all of the powers listed below. If you choose to grant less than all of the 13 | |
| 69 | - | listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 14 | |
| 70 | - | and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 15 | |
| 71 | - | intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 16 | |
| 72 | - | Agent to exercise. 17 | |
| 74 | + | DESIGNATION OF AGENT 19 | |
| 73 | 75 | ||
| 74 | - | This power of attorney becomes effective immediately unless you state otherwise in the 18 | |
| 75 | - | Special Instructions. 19 | |
| 76 | + | This section of the form provides for designation of one agent. 20 | |
| 76 | 77 | ||
| 77 | - | ||
| 78 | - | ||
| 78 | + | If you wish to name coagents, skip this section and use the next section (“Designation of 21 | |
| 79 | + | Coagents”). 22 | |
| 79 | 80 | ||
| 80 | - | ||
| 81 | + | I, ___________________________________________________________________________, 23 | |
| 81 | 82 | ||
| 82 | - | ||
| 83 | + | (Name of Principal) 24 | |
| 83 | 84 | ||
| 84 | - | If you wish to name coagents, skip this section and use the next section (“Designation of 24 | |
| 85 | - | Coagents”). 25 | |
| 85 | + | Name the following person as my agent: 25 | |
| 86 | 86 | ||
| 87 | - | ||
| 87 | + | Name of Agent: _______________________________________________________________ 26 | |
| 88 | 88 | ||
| 89 | - | ||
| 89 | + | Agent’s Address: ______________________________________________________________ 27 | |
| 90 | 90 | ||
| 91 | - | ||
| 91 | + | Agent’s Telephone Number: ___________________________________________________ 28 | |
| 92 | 92 | ||
| 93 | - | ||
| 93 | + | DESIGNATION OF COAGENTS (OPTIONAL) 29 | |
| 94 | 94 | ||
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 95 | + | This section of the form provides for designation of two or more coagents. Coagents are 30 | |
| 96 | + | required to act together unanimously unless you otherwise provide in this form. 31 | |
| 97 | + | HOUSE BILL 92 3 | |
| 98 | 98 | ||
| 99 | 99 | ||
| 100 | + | I, ___________________________________________________________________________, 1 | |
| 100 | 101 | ||
| 101 | - | ||
| 102 | + | (Name of Principal) 2 | |
| 102 | 103 | ||
| 103 | - | This section of the form provides for designation of two or more coagents. Coagents are 2 | |
| 104 | - | required to act together unanimously unless you otherwise provide in this form. 3 | |
| 104 | + | Name the following persons as coagents: _______________________________________ 3 | |
| 105 | 105 | ||
| 106 | - | ||
| 106 | + | Name of Coagent: ____________________________________________________________ 4 | |
| 107 | 107 | ||
| 108 | - | ||
| 108 | + | Coagent’s Address: ___________________________________________________________ 5 | |
| 109 | 109 | ||
| 110 | - | ||
| 110 | + | Coagent’s Telephone Number: _________________________________________________ 6 | |
| 111 | 111 | ||
| 112 | 112 | Name of Coagent: ____________________________________________________________ 7 | |
| 113 | 113 | ||
| 114 | 114 | Coagent’s Address: ___________________________________________________________ 8 | |
| 115 | 115 | ||
| 116 | 116 | Coagent’s Telephone Number: _________________________________________________ 9 | |
| 117 | 117 | ||
| 118 | - | Name of Coagent: ____________________________________________________________ 10 | |
| 118 | + | Special Instructions Regarding Coagents: _______________________________________ 10 | |
| 119 | + | ___________________________________________________________________________________ 11 | |
| 120 | + | ___________________________________________________________________________________ 12 | |
| 121 | + | ____________________________________________________________________ 13 | |
| 119 | 122 | ||
| 120 | - | ||
| 123 | + | DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 14 | |
| 121 | 124 | ||
| 122 | - | ||
| 125 | + | If my agent is unable or unwilling to act for me, I name as my successor agent: 15 | |
| 123 | 126 | ||
| 124 | - | Special Instructions Regarding Coagents: _______________________________________ 13 | |
| 125 | - | ___________________________________________________________________________________ 14 | |
| 126 | - | ___________________________________________________________________________________ 15 | |
| 127 | - | ____________________________________________________________________ 16 | |
| 127 | + | Name of Successor Agent: _____________________________________________________ 16 | |
| 128 | 128 | ||
| 129 | - | DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 17 | |
| 129 | + | Successor Agent’s 17 | |
| 130 | + | Address: _____________________________________________________________________ 18 | |
| 130 | 131 | ||
| 131 | - | If my agent is unable or unwilling to act for me, I name as my successor agent: 18 | |
| 132 | + | Successor Agent’s 19 | |
| 133 | + | Telephone Number: ___________________________________________________________ 20 | |
| 132 | 134 | ||
| 133 | - | Name of Successor Agent: _____________________________________________________ 19 | |
| 135 | + | If my successor agent is unable or unwilling to act for me, I name as my second successor 21 | |
| 136 | + | agent: 22 | |
| 134 | 137 | ||
| 135 | - | ||
| 136 | - | ||
| 138 | + | Name of Second 23 | |
| 139 | + | Successor Agent: _____________________________________________________________ 24 | |
| 137 | 140 | ||
| 138 | - | Successor | |
| 139 | - | ||
| 141 | + | Second Successor 25 | |
| 142 | + | Agent’s Address: ______________________________________________________________ 26 | |
| 140 | 143 | ||
| 141 | - | If my successor agent is unable or unwilling to act for me, I name as my second successor 24 | |
| 142 | - | agent: 25 | |
| 143 | - | ||
| 144 | - | Name of Second 26 | |
| 145 | - | Successor Agent: _____________________________________________________________ 27 | |
| 144 | + | Second Successor Agent’s 27 | |
| 145 | + | Telephone Number: ___________________________________________________________ 28 | |
| 146 | 146 | 4 HOUSE BILL 92 | |
| 147 | 147 | ||
| 148 | 148 | ||
| 149 | - | Second Successor 1 | |
| 150 | - | Agent’s Address: ______________________________________________________________ 2 | |
| 149 | + | GRANT OF GENERAL AUTHORITY 1 | |
| 151 | 150 | ||
| 152 | - | ||
| 153 | - | ||
| 151 | + | I (“the principal”) grant my agent and any successor agent, with respect to each subject 2 | |
| 152 | + | listed below, the authority to do all acts that I could do to: 3 | |
| 154 | 153 | ||
| 155 | - | GRANT OF GENERAL AUTHORITY 5 | |
| 154 | + | (1) Contract with another person, on terms agreeable to the agent, to 4 | |
| 155 | + | accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 5 | |
| 156 | + | restate, release, or modify the contract or another contract made by or on behalf of the 6 | |
| 157 | + | principal; 7 | |
| 156 | 158 | ||
| 157 | - | ||
| 158 | - | ||
| 159 | + | (2) Execute, acknowledge, seal, deliver, file, or record any instrument or 8 | |
| 160 | + | communication the agent considers desirable to accomplish a purpose of a transaction; 9 | |
| 159 | 161 | ||
| 160 | - | (1) Contract with another person, on terms agreeable to the agent, to 8 | |
| 161 | - | accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 9 | |
| 162 | - | restate, release, or modify the contract or another contract made by or on behalf of the 10 | |
| 163 | - | principal; 11 | |
| 162 | + | (3) Seek on the principal’s behalf the assistance of a court or other 10 | |
| 163 | + | governmental agency to carry out an act authorized in this power of attorney; 11 | |
| 164 | 164 | ||
| 165 | - | (2) Execute, acknowledge, seal, deliver, file, or record any instrument or 12 | |
| 166 | - | communication the agent considers desirable to accomplish a purpose of a transaction; 13 | |
| 165 | + | (4) Initiate, participate in, submit to alternative dispute resolution, settle, 12 | |
| 166 | + | oppose, or propose or accept a compromise with respect to a claim existing in favor of or 13 | |
| 167 | + | against the principal or intervene in litigation relating to the claim; 14 | |
| 167 | 168 | ||
| 168 | - | ( | |
| 169 | - | ||
| 169 | + | (5) Engage, compensate, and discharge an attorney, accountant, 15 | |
| 170 | + | discretionary investment manager, expert witness, or other advisor; 16 | |
| 170 | 171 | ||
| 171 | - | (4) Initiate, participate in, submit to alternative dispute resolution, settle, 16 | |
| 172 | - | oppose, or propose or accept a compromise with respect to a claim existing in favor of or 17 | |
| 173 | - | against the principal or intervene in litigation relating to the claim; 18 | |
| 172 | + | (6) Prepare, execute, and file a record, report, or other document to 17 | |
| 173 | + | safeguard or promote the principal’s interest under a statute or regulation and 18 | |
| 174 | + | communicate with representatives or employees of a government or governmental 19 | |
| 175 | + | subdivision, agency, or instrumentality, on behalf of the principal; and 20 | |
| 174 | 176 | ||
| 175 | - | ( | |
| 176 | - | ||
| 177 | + | (7) Do lawful acts with respect to the subject and all property related to the 21 | |
| 178 | + | subject. 22 | |
| 177 | 179 | ||
| 178 | - | (6) Prepare, execute, and file a record, report, or other document to 21 | |
| 179 | - | safeguard or promote the principal’s interest under a statute or regulation and 22 | |
| 180 | - | communicate with representatives or employees of a government or governmental 23 | |
| 181 | - | subdivision, agency, or instrumentality, on behalf of the principal; and 24 | |
| 180 | + | SUBJECTS AND AUTHORITY 23 | |
| 182 | 181 | ||
| 183 | - | ||
| 184 | - | ||
| 182 | + | My agent’s authority shall include the authority to act as stated below with regard to each 24 | |
| 183 | + | of the following subjects: 25 | |
| 185 | 184 | ||
| 186 | - | SUBJECTS AND AUTHORITY 27 | |
| 187 | - | ||
| 188 | - | My agent’s authority shall include the authority to act as stated below with regard to each 28 | |
| 189 | - | of the following subjects: 29 | |
| 190 | - | ||
| 191 | - | Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 30 | |
| 192 | - | convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 31 | |
| 193 | - | acquire or reject an interest in real property or a right incident to real property; pledge or 32 | |
| 194 | - | mortgage an interest in real property or right incident to real property as security to borrow 33 | |
| 195 | - | money or pay, renew, or extend the time of payment of a debt of the principal or a debt 34 HOUSE BILL 92 5 | |
| 185 | + | Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 26 | |
| 186 | + | convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 27 | |
| 187 | + | acquire or reject an interest in real property or a right incident to real property; pledge or 28 | |
| 188 | + | mortgage an interest in real property or right incident to real property as security to borrow 29 | |
| 189 | + | money or pay, renew, or extend the time of payment of a debt of the principal or a debt 30 | |
| 190 | + | guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 31 | |
| 191 | + | enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 32 | |
| 192 | + | encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 33 | |
| 193 | + | conserve an interest in real property or a right incident to real property owned or claimed 34 | |
| 194 | + | to be owned by the principal, including: (1) insuring against liability or casualty or other 35 | |
| 195 | + | loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 36 HOUSE BILL 92 5 | |
| 196 | 196 | ||
| 197 | 197 | ||
| 198 | - | guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 1 | |
| 199 | - | enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 2 | |
| 200 | - | encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 3 | |
| 201 | - | conserve an interest in real property or a right incident to real property owned or claimed 4 | |
| 202 | - | to be owned by the principal, including: (1) insuring against liability or casualty or other 5 | |
| 203 | - | loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 6 | |
| 204 | - | or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 7 | |
| 205 | - | applying for and receiving refunds in connection with them; and (4) purchasing supplies, 8 | |
| 206 | - | hiring assistance or labor, and making repairs or alterations to the real property. 9 | |
| 198 | + | or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 1 | |
| 199 | + | applying for and receiving refunds in connection with them; and (4) purchasing supplies, 2 | |
| 200 | + | hiring assistance or labor, and making repairs or alterations to the real property. 3 | |
| 207 | 201 | ||
| 208 | - | Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and | |
| 209 | - | exchange stocks and bonds; establish, continue, modify, or terminate an account with | |
| 210 | - | respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or | |
| 211 | - | extend the time of payment of a debt of the principal; receive certificates and other | |
| 212 | - | evidences of ownership with respect to stocks and bonds; exercise voting rights with respect | |
| 213 | - | to stocks and bonds in person or by proxy, enter into voting trusts, and consent to | |
| 214 | - | limitations on the right to vote. | |
| 202 | + | Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and 4 | |
| 203 | + | exchange stocks and bonds; establish, continue, modify, or terminate an account with 5 | |
| 204 | + | respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or 6 | |
| 205 | + | extend the time of payment of a debt of the principal; receive certificates and other 7 | |
| 206 | + | evidences of ownership with respect to stocks and bonds; exercise voting rights with respect 8 | |
| 207 | + | to stocks and bonds in person or by proxy, enter into voting trusts, and consent to 9 | |
| 208 | + | limitations on the right to vote. 10 | |
| 215 | 209 | ||
| 216 | - | Banks and other financial institutions – With respect to this subject, I authorize my agent | |
| 217 | - | to: continue, modify, transact all business in connection with, and terminate an account or | |
| 218 | - | other banking arrangement made by or on behalf of the principal; establish, modify, | |
| 219 | - | transact all business in connection with, and terminate an account or other banking | |
| 220 | - | arrangement with a bank, trust company, savings and loan association, credit union, thrift | |
| 221 | - | company, brokerage firm, or other financial institution selected by the agent; contract for | |
| 222 | - | services available from a financial institution, including renting a safe deposit box or space | |
| 223 | - | in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or | |
| 224 | - | leave in the custody of, a financial institution money or property of the principal; withdraw, | |
| 225 | - | by check, money order, electronic funds transfer, or otherwise, money or property of the | |
| 226 | - | principal deposited with or left in the custody of a financial institution; receive statements | |
| 227 | - | of account, vouchers, notices, and similar documents from a financial institution and act | |
| 228 | - | with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; | |
| 229 | - | borrow money and pledge as security personal property of the principal necessary to borrow | |
| 230 | - | money or pay, renew, or extend the time of payment of a debt of the principal or a debt | |
| 231 | - | guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and | |
| 232 | - | negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of | |
| 233 | - | the principal or payable to the principal or the principal’s order, transfer money, receive | |
| 234 | - | the cash or other proceeds of those transactions; and apply for, receive, and use credit cards | |
| 235 | - | and debit cards, electronic transaction authorizations, and traveler’s checks from a | |
| 236 | - | financial institution. | |
| 210 | + | Banks and other financial institutions – With respect to this subject, I authorize my agent 11 | |
| 211 | + | to: continue, modify, transact all business in connection with, and terminate an account or 12 | |
| 212 | + | other banking arrangement made by or on behalf of the principal; establish, modify, 13 | |
| 213 | + | transact all business in connection with, and terminate an account or other banking 14 | |
| 214 | + | arrangement with a bank, trust company, savings and loan association, credit union, thrift 15 | |
| 215 | + | company, brokerage firm, or other financial institution selected by the agent; contract for 16 | |
| 216 | + | services available from a financial institution, including renting a safe deposit box or space 17 | |
| 217 | + | in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or 18 | |
| 218 | + | leave in the custody of, a financial institution money or property of the principal; withdraw, 19 | |
| 219 | + | by check, money order, electronic funds transfer, or otherwise, money or property of the 20 | |
| 220 | + | principal deposited with or left in the custody of a financial institution; receive statements 21 | |
| 221 | + | of account, vouchers, notices, and similar documents from a financial institution and act 22 | |
| 222 | + | with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; 23 | |
| 223 | + | borrow money and pledge as security personal property of the principal necessary to borrow 24 | |
| 224 | + | money or pay, renew, or extend the time of payment of a debt of the principal or a debt 25 | |
| 225 | + | guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and 26 | |
| 226 | + | negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of 27 | |
| 227 | + | the principal or payable to the principal or the principal’s order, transfer money, receive 28 | |
| 228 | + | the cash or other proceeds of those transactions; and apply for, receive, and use credit cards 29 | |
| 229 | + | and debit cards, electronic transaction authorizations, and traveler’s checks from a 30 | |
| 230 | + | financial institution. 31 | |
| 237 | 231 | ||
| 238 | - | Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 38 | |
| 239 | - | pay the premium or make a contribution on, modify, exchange, rescind, release, or 39 | |
| 240 | - | terminate a contract procured by or on behalf of the principal that insures or provides an 40 | |
| 241 | - | annuity to either the principal or another person, whether or not the principal is a 41 | |
| 242 | - | beneficiary under the contract; procure new, different, and additional contracts of 42 | |
| 243 | - | insurance and annuities for the principal and select the amount, type of insurance or 43 | |
| 244 | - | annuity, and mode of payment; pay the premium or make a contribution on, modify, 44 6 HOUSE BILL 92 | |
| 232 | + | Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 32 | |
| 233 | + | pay the premium or make a contribution on, modify, exchange, rescind, release, or 33 | |
| 234 | + | terminate a contract procured by or on behalf of the principal that insures or provides an 34 | |
| 235 | + | annuity to either the principal or another person, whether or not the principal is a 35 | |
| 236 | + | beneficiary under the contract; procure new, different, and additional contracts of 36 | |
| 237 | + | insurance and annuities for the principal and select the amount, type of insurance or 37 | |
| 238 | + | annuity, and mode of payment; pay the premium or make a contribution on, modify, 38 | |
| 239 | + | exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 39 | |
| 240 | + | agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 40 | |
| 241 | + | and receive the cash surrender value on a contract of insurance or annuity; exercise an 41 | |
| 242 | + | election; exercise investment powers available under a contract of insurance or annuity; 42 | |
| 243 | + | change the manner of paying premiums on a contract of insurance or annuity; change or 43 | |
| 244 | + | convert the type of insurance or annuity with respect to which the principal has or claims 44 6 HOUSE BILL 92 | |
| 245 | 245 | ||
| 246 | 246 | ||
| 247 | - | exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 1 | |
| 248 | - | agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 2 | |
| 249 | - | and receive the cash surrender value on a contract of insurance or annuity; exercise an 3 | |
| 250 | - | election; exercise investment powers available under a contract of insurance or annuity; 4 | |
| 251 | - | change the manner of paying premiums on a contract of insurance or annuity; change or 5 | |
| 252 | - | convert the type of insurance or annuity with respect to which the principal has or claims 6 | |
| 253 | - | to have authority described in this section; apply for and procure a benefit or assistance 7 | |
| 254 | - | under a statute or regulation to guarantee or pay premiums of a contract of insurance on 8 | |
| 255 | - | the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 9 | |
| 256 | - | interest of the principal in a contract of insurance or annuity; select the form and timing of 10 | |
| 257 | - | the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 11 | |
| 258 | - | otherwise, compromise or contest, and apply for refunds in connection with a tax or 12 | |
| 259 | - | assessment levied by a taxing authority with respect to a contract of insurance or annuity 13 | |
| 260 | - | or the proceeds or liability from the contract of insurance or annuity accruing by reason of 14 | |
| 261 | - | the tax or assessment. 15 | |
| 247 | + | to have authority described in this section; apply for and procure a benefit or assistance 1 | |
| 248 | + | under a statute or regulation to guarantee or pay premiums of a contract of insurance on 2 | |
| 249 | + | the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 3 | |
| 250 | + | interest of the principal in a contract of insurance or annuity; select the form and timing of 4 | |
| 251 | + | the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 5 | |
| 252 | + | otherwise, compromise or contest, and apply for refunds in connection with a tax or 6 | |
| 253 | + | assessment levied by a taxing authority with respect to a contract of insurance or annuity 7 | |
| 254 | + | or the proceeds or liability from the contract of insurance or annuity accruing by reason of 8 | |
| 255 | + | the tax or assessment. 9 | |
| 262 | 256 | ||
| 263 | - | Claims and litigation – With respect to this subject, I authorize my agent to: assert and | |
| 264 | - | maintain before a court or administrative agency a claim, claim for relief, cause of action, | |
| 265 | - | counterclaim, offset, recoupment, or defense, including an action to recover property or | |
| 266 | - | other thing of value, recover damages sustained by the principal, eliminate or modify tax | |
| 267 | - | liability, or seek an injunction, specific performance, or other relief; act for the principal | |
| 268 | - | with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the | |
| 269 | - | principal or some other person, or with respect to a reorganization, receivership, or | |
| 270 | - | application for the appointment of a receiver or trustee that affects an interest of the | |
| 271 | - | principal in property or other thing of value; pay a judgment, award, or order against the | |
| 272 | - | principal or a settlement made in connection with a claim or litigation; and receive money | |
| 273 | - | or other thing of value paid in settlement of or as proceeds of a claim or litigation. | |
| 257 | + | Claims and litigation – With respect to this subject, I authorize my agent to: assert and 10 | |
| 258 | + | maintain before a court or administrative agency a claim, claim for relief, cause of action, 11 | |
| 259 | + | counterclaim, offset, recoupment, or defense, including an action to recover property or 12 | |
| 260 | + | other thing of value, recover damages sustained by the principal, eliminate or modify tax 13 | |
| 261 | + | liability, or seek an injunction, specific performance, or other relief; act for the principal 14 | |
| 262 | + | with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the 15 | |
| 263 | + | principal or some other person, or with respect to a reorganization, receivership, or 16 | |
| 264 | + | application for the appointment of a receiver or trustee that affects an interest of the 17 | |
| 265 | + | principal in property or other thing of value; pay a judgment, award, or order against the 18 | |
| 266 | + | principal or a settlement made in connection with a claim or litigation; and receive money 19 | |
| 267 | + | or other thing of value paid in settlement of or as proceeds of a claim or litigation. 20 | |
| 274 | 268 | ||
| 275 | - | Benefits from governmental programs or civil or military service (including any benefit, | |
| 276 | - | program, or assistance provided under a statute or regulation including Social Security, | |
| 277 | - | Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute | |
| 278 | - | vouchers in the name of the principal for allowances and reimbursements payable by the | |
| 279 | - | United States or a foreign government or by a state or subdivision of a state to the principal; | |
| 280 | - | PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A | |
| 281 | - | BENEFIT OR PROGRAM , INCLUDING OBTAINING PERSONAL AND FINANCI AL | |
| 282 | - | RECORDS AND , TO THE EXTENT AUTHOR IZED IN THE SPECIAL | |
| 283 | - | BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll in, apply for, | |
| 284 | - | select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program; | |
| 285 | - | prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or | |
| 286 | - | otherwise, to which the principal may be entitled under a statute or regulation; initiate, | |
| 287 | - | participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept | |
| 288 | - | a compromise with respect to litigation concerning a benefit or assistance the principal may | |
| 289 | - | be entitled to receive under a statute or regulation; and receive the financial proceeds of a | |
| 290 | - | claim described above and conserve, invest, disburse, or use for a lawful purpose anything | |
| 291 | - | so received. | |
| 269 | + | Benefits from governmental programs or civil or military service (including any benefit, 21 | |
| 270 | + | program, or assistance provided under a statute or regulation including Social Security, 22 | |
| 271 | + | Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute 23 | |
| 272 | + | vouchers in the name of the principal for allowances and reimbursements payable by the 24 | |
| 273 | + | United States or a foreign government or by a state or subdivision of a state to the principal; 25 | |
| 274 | + | PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A 26 | |
| 275 | + | BENEFIT OR PROGRAM , INCLUDING OBTAINING PERSONAL AND FINANCI AL 27 | |
| 276 | + | RECORDS AND , TO THE EXTENT AUTHOR IZED IN THE SPECIAL INSTRUCTIONS 28 | |
| 277 | + | BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll in, apply for, 29 | |
| 278 | + | select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program; 30 | |
| 279 | + | prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or 31 | |
| 280 | + | otherwise, to which the principal may be entitled under a statute or regulation; initiate, 32 | |
| 281 | + | participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept 33 | |
| 282 | + | a compromise with respect to litigation concerning a benefit or assistance the principal may 34 | |
| 283 | + | be entitled to receive under a statute or regulation; and receive the financial proceeds of a 35 | |
| 284 | + | claim described above and conserve, invest, disburse, or use for a lawful purpose anything 36 | |
| 285 | + | so received. 37 | |
| 292 | 286 | ||
| 293 | - | Retirement plans (including a plan or account created by an employer, the principal, or 44 HOUSE BILL 92 7 | |
| 287 | + | Retirement plans (including a plan or account created by an employer, the principal, or 38 | |
| 288 | + | another individual to provide retirement benefits or deferred compensation of which the 39 | |
| 289 | + | principal is a participant, beneficiary, or owner, including a plan or account under the 40 | |
| 290 | + | following sections of the Internal Revenue Code: (1) an individual retirement account under 41 | |
| 291 | + | Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 42 | |
| 292 | + | account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 43 | |
| 293 | + | individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 44 HOUSE BILL 92 7 | |
| 294 | 294 | ||
| 295 | 295 | ||
| 296 | - | another individual to provide retirement benefits or deferred compensation of which the 1 | |
| 297 | - | principal is a participant, beneficiary, or owner, including a plan or account under the 2 | |
| 298 | - | following sections of the Internal Revenue Code: (1) an individual retirement account under 3 | |
| 299 | - | Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 4 | |
| 300 | - | account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 5 | |
| 301 | - | individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 6 | |
| 302 | - | 408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 7 | |
| 303 | - | Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 8 | |
| 304 | - | retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 9 | |
| 305 | - | (6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 10 | |
| 306 | - | nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 11 | |
| 307 | - | U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 12 | |
| 308 | - | timing of payments under a retirement plan and withdraw benefits from a plan; make a 13 | |
| 309 | - | rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 14 | |
| 310 | - | to another; establish a retirement plan in the principal’s name; make contributions to a 15 | |
| 311 | - | retirement plan; exercise investment powers available under a retirement plan; borrow 16 | |
| 312 | - | from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 17 | |
| 313 | - | my agent the authority to create or change a beneficiary designation for a retirement plan 18 | |
| 314 | - | may affect the benefits that I may receive if that authority is exercised. If I grant my agent 19 | |
| 315 | - | the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 20 | |
| 316 | - | beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 21 | |
| 317 | - | make the property subject to that authority taxable as a part of the agent’s estate. 22 | |
| 318 | - | Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 23 | |
| 319 | - | any retirement plan, and in particular if I wish to authorize the agent to designate as my 24 | |
| 320 | - | beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 25 | |
| 321 | - | this authority in the Special Instructions section that follows or in a separate power of 26 | |
| 322 | - | attorney. 27 | |
| 296 | + | 408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 1 | |
| 297 | + | Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 2 | |
| 298 | + | retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 3 | |
| 299 | + | (6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 4 | |
| 300 | + | nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 5 | |
| 301 | + | U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 6 | |
| 302 | + | timing of payments under a retirement plan and withdraw benefits from a plan; make a 7 | |
| 303 | + | rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 8 | |
| 304 | + | to another; establish a retirement plan in the principal’s name; make contributions to a 9 | |
| 305 | + | retirement plan; exercise investment powers available under a retirement plan; borrow 10 | |
| 306 | + | from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 11 | |
| 307 | + | my agent the authority to create or change a beneficiary designation for a retirement plan 12 | |
| 308 | + | may affect the benefits that I may receive if that authority is exercised. If I grant my agent 13 | |
| 309 | + | the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 14 | |
| 310 | + | beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 15 | |
| 311 | + | make the property subject to that authority taxable as a part of the agent’s estate. 16 | |
| 312 | + | Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 17 | |
| 313 | + | any retirement plan, and in particular if I wish to authorize the agent to designate as my 18 | |
| 314 | + | beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 19 | |
| 315 | + | this authority in the Special Instructions section that follows or in a separate power of 20 | |
| 316 | + | attorney. 21 | |
| 323 | 317 | ||
| 324 | - | Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, | |
| 325 | - | state, local, and foreign income, gift, payroll, property, federal insurance contributions act, | |
| 326 | - | and other tax returns, claims for refunds, requests for extension of time, petitions regarding | |
| 327 | - | tax matters, and other tax–related documents, including receipts, offers, waivers, consents, | |
| 328 | - | including consents and agreements under Internal Revenue Code Section 2032(A), 26 | |
| 329 | - | U.S.C. § 2032(A), closing agreements, and other powers of attorney required by the Internal | |
| 330 | - | Revenue Service or other taxing authority with respect to a tax year on which the statute | |
| 331 | - | of limitations has not run and the following 25 tax years; pay taxes due, collect refunds, | |
| 332 | - | post bonds, receive confidential information, and contest deficiencies determined by the | |
| 333 | - | Internal Revenue Service or other taxing authority; exercise elections available to the | |
| 334 | - | principal under federal, state, local, or foreign tax law; and act for the principal in all tax | |
| 335 | - | matters for all periods before the Internal Revenue Service, or other taxing authority. | |
| 318 | + | Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, 22 | |
| 319 | + | state, local, and foreign income, gift, payroll, property, federal insurance contributions act, 23 | |
| 320 | + | and other tax returns, claims for refunds, requests for extension of time, petitions regarding 24 | |
| 321 | + | tax matters, and other tax–related documents, including receipts, offers, waivers, consents, 25 | |
| 322 | + | including consents and agreements under Internal Revenue Code Section 2032(A), 26 26 | |
| 323 | + | U.S.C. § 2032(A), closing agreements, and other powers of attorney required by the Internal 27 | |
| 324 | + | Revenue Service or other taxing authority with respect to a tax year on which the statute 28 | |
| 325 | + | of limitations has not run and the following 25 tax years; pay taxes due, collect refunds, 29 | |
| 326 | + | post bonds, receive confidential information, and contest deficiencies determined by the 30 | |
| 327 | + | Internal Revenue Service or other taxing authority; exercise elections available to the 31 | |
| 328 | + | principal under federal, state, local, or foreign tax law; and act for the principal in all tax 32 | |
| 329 | + | matters for all periods before the Internal Revenue Service, or other taxing authority. 33 | |
| 336 | 330 | ||
| 337 | - | Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 40 | |
| 338 | - | Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 41 | |
| 339 | - | the content of any of my electronic communications; (2) any catalogue of electronic 42 | |
| 340 | - | communications sent or received by me; and (3) any other digital asset in which I have a 43 | |
| 341 | - | right or interest. 44 | |
| 342 | - | 8 HOUSE BILL 92 | |
| 331 | + | Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 34 | |
| 332 | + | Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 35 | |
| 333 | + | the content of any of my electronic communications; (2) any catalogue of electronic 36 | |
| 334 | + | communications sent or received by me; and (3) any other digital asset in which I have a 37 | |
| 335 | + | right or interest. 38 | |
| 336 | + | ||
| 337 | + | SPECIAL INSTRUCTIONS (OPTIONAL) 39 | |
| 338 | + | ||
| 339 | + | YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLL OWING LINES: 40 | |
| 340 | + | ||
| 341 | + | ___________________________________________________________________________________ 41 | |
| 342 | + | ___________________________________________________________________________________ 42 8 HOUSE BILL 92 | |
| 343 | 343 | ||
| 344 | 344 | ||
| 345 | - | SPECIAL INSTRUCTIONS (OPTIONAL) 1 | |
| 346 | - | ||
| 347 | - | YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES: 2 | |
| 348 | - | ||
| 345 | + | ___________________________________________________________________________________ 1 | |
| 346 | + | ___________________________________________________________________________________ 2 | |
| 349 | 347 | ___________________________________________________________________________________ 3 | |
| 350 | 348 | ___________________________________________________________________________________ 4 | |
| 351 | 349 | ___________________________________________________________________________________ 5 | |
| 352 | - | ___________________________________________________________________________________ 6 | |
| 353 | - | ___________________________________________________________________________________ 7 | |
| 354 | - | ___________________________________________________________________________________ 8 | |
| 355 | - | ___________________________________________________________________________________ 9 | |
| 356 | - | ___________________________________________ 10 | |
| 350 | + | ___________________________________________ 6 | |
| 357 | 351 | ||
| 358 | - | EFFECTIVE DATE | |
| 352 | + | EFFECTIVE DATE 7 | |
| 359 | 353 | ||
| 360 | - | This power of attorney is effective immediately unless I have stated otherwise in the Special | |
| 361 | - | Instructions. | |
| 354 | + | This power of attorney is effective immediately unless I have stated otherwise in the Special 8 | |
| 355 | + | Instructions. 9 | |
| 362 | 356 | ||
| 363 | - | TERMINATION DATE (OPTIONAL) | |
| 357 | + | TERMINATION DATE (OPTIONAL) 10 | |
| 364 | 358 | ||
| 365 | - | This power of attorney shall terminate on ______________________________, 20____. | |
| 366 | - | (Use a specific calendar date) | |
| 359 | + | This power of attorney shall terminate on ______________________________, 20____. 11 | |
| 360 | + | (Use a specific calendar date) 12 | |
| 367 | 361 | ||
| 368 | - | NOMINATION OF GUARDIAN (OPTIONAL) | |
| 362 | + | NOMINATION OF GUARDIAN (OPTIONAL) 13 | |
| 369 | 363 | ||
| 370 | - | If it becomes necessary for a court to appoint a guardian of my property or guardian of my | |
| 371 | - | person, I nominate the following person(s) for appointment: | |
| 364 | + | If it becomes necessary for a court to appoint a guardian of my property or guardian of my 14 | |
| 365 | + | person, I nominate the following person(s) for appointment: 15 | |
| 372 | 366 | ||
| 373 | - | Name of nominee for guardian of my property: __________________________________ | |
| 374 | - | Nominee’s address: ___________________________________________________________ | |
| 375 | - | Nominee’s telephone number: _________________________________________________ | |
| 376 | - | Name of nominee for guardian of my person: ____________________________________ | |
| 377 | - | Nominee’s address: ___________________________________________________________ | |
| 378 | - | Nominee’s telephone number: _________________________________________________ | |
| 367 | + | Name of nominee for guardian of my property: __________________________________ 16 | |
| 368 | + | Nominee’s address: ___________________________________________________________ 17 | |
| 369 | + | Nominee’s telephone number: _________________________________________________ 18 | |
| 370 | + | Name of nominee for guardian of my person: ____________________________________ 19 | |
| 371 | + | Nominee’s address: ___________________________________________________________ 20 | |
| 372 | + | Nominee’s telephone number: _________________________________________________ 21 | |
| 379 | 373 | ||
| 380 | - | DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE | |
| 381 | - | (OPTIONAL) | |
| 374 | + | DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 22 | |
| 375 | + | (OPTIONAL) 23 | |
| 382 | 376 | ||
| 383 | - | If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I | |
| 384 | - | designate the following person as my agent for purposes of making the election to take an | |
| 385 | - | elective share of an estate subject to election under § 3–403 of the Estates and Trusts | |
| 386 | - | Article: | |
| 377 | + | If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I 24 | |
| 378 | + | designate the following person as my agent for purposes of making the election to take an 25 | |
| 379 | + | elective share of an estate subject to election under § 3–403 of the Estates and Trusts 26 | |
| 380 | + | Article: 27 | |
| 387 | 381 | ||
| 388 | - | Name of designated agent: _____________________________________________________ 32 | |
| 389 | - | Designated agent’s address: ____________________________________________________ 33 | |
| 390 | - | Designated agent’s telephone number: __________________________________________ 34 | |
| 391 | - | HOUSE BILL 92 9 | |
| 382 | + | Name of designated agent: _____________________________________________________ 28 | |
| 383 | + | Designated agent’s address: ____________________________________________________ 29 | |
| 384 | + | Designated agent’s telephone number: __________________________________________ 30 | |
| 385 | + | ||
| 386 | + | SIGNATURE AND ACKNOWLEDGMENT 31 | |
| 387 | + | ||
| 388 | + | ________________________________________ __________________________ 32 | |
| 389 | + | Your Signature Date 33 | |
| 390 | + | ||
| 391 | + | ______________________________________________________________________________ 34 HOUSE BILL 92 9 | |
| 392 | 392 | ||
| 393 | 393 | ||
| 394 | - | ||
| 394 | + | Your Name Printed 1 | |
| 395 | 395 | ||
| 396 | - | ________________________________________ __________________________ 2 | |
| 397 | - | Your Signature Date 3 | |
| 396 | + | ___________________________________________________________________________________ 2 | |
| 397 | + | _________________________________________________________________________ 3 | |
| 398 | + | Your Address 4 | |
| 398 | 399 | ||
| 399 | - | ______________________________________________________________________________ | |
| 400 | - | Your | |
| 400 | + | ______________________________________________________________________________ 5 | |
| 401 | + | Your Telephone Number 6 | |
| 401 | 402 | ||
| 402 | - | ___________________________________________________________________________________ 6 | |
| 403 | - | _________________________________________________________________________ 7 | |
| 404 | - | Your Address 8 | |
| 403 | + | STATE OF MARYLAND 7 | |
| 404 | + | (COUNTY) OF _______________________________________________________________ 8 | |
| 405 | 405 | ||
| 406 | - | ______________________________________________________________________________ 9 | |
| 407 | - | Your Telephone Number 10 | |
| 406 | + | This document was acknowledged before me on 9 | |
| 408 | 407 | ||
| 409 | - | ||
| 410 | - | ( | |
| 408 | + | __________________________ 10 | |
| 409 | + | (Date) 11 | |
| 411 | 410 | ||
| 412 | - | This document was acknowledged before me on 13 | |
| 411 | + | By ______________________________________ to be his/her act. 12 | |
| 412 | + | (Name of Principal) 13 | |
| 413 | 413 | ||
| 414 | - | __________________________ 14 | |
| 415 | - | (Date) 15 | |
| 414 | + | ____________________________________________ (SEAL, IF ANY) 14 | |
| 415 | + | Signature of Notary 15 | |
| 416 | + | My commission expires: _____________________ 16 | |
| 416 | 417 | ||
| 417 | - | By ______________________________________ to be his/her act. 16 | |
| 418 | - | (Name of Principal) 17 | |
| 418 | + | WITNESS ATTESTATION 17 | |
| 419 | 419 | ||
| 420 | - | ____________________________________________ (SEAL, IF ANY) 18 | |
| 421 | - | Signature of Notary 19 | |
| 422 | - | My commission expires: _____________________ 20 | |
| 420 | + | The foregoing power of attorney was, on the date written above, published and declared by 18 | |
| 423 | 421 | ||
| 424 | - | WITNESS ATTESTATION 21 | |
| 422 | + | ____________________________________________ 19 | |
| 423 | + | (Name of Principal) 20 | |
| 425 | 424 | ||
| 426 | - | The foregoing power of attorney was, on the date written above, published and declared by 22 | |
| 425 | + | in our presence to be his/her power of attorney. We, in his/her presence and at his/her 21 | |
| 426 | + | request, and in the presence of each other, have attested to the same and have signed our 22 | |
| 427 | + | names as attesting witnesses. 23 | |
| 427 | 428 | ||
| 428 | - | ____________________________________________ 23 | |
| 429 | - | (Name of Principal) 24 | |
| 429 | + | ____________________________________________ 24 | |
| 430 | + | Witness #1 Signature 25 | |
| 431 | + | ____________________________________________ 26 | |
| 432 | + | Witness #1 Name Printed 27 | |
| 433 | + | ____________________________________________ 28 | |
| 434 | + | ____________________________________________ 29 | |
| 435 | + | Witness #1 Address 30 | |
| 436 | + | ____________________________________________ 31 | |
| 437 | + | Witness #1 Telephone Number 32 | |
| 430 | 438 | ||
| 431 | - | in our presence to be his/her power of attorney. We, in his/her presence and at his/her 25 | |
| 432 | - | request, and in the presence of each other, have attested to the same and have signed our 26 | |
| 433 | - | names as attesting witnesses. 27 | |
| 434 | - | ||
| 435 | - | ____________________________________________ 28 | |
| 436 | - | Witness #1 Signature 29 | |
| 437 | - | ____________________________________________ 30 | |
| 438 | - | Witness #1 Name Printed 31 | |
| 439 | - | ____________________________________________ 32 | |
| 440 | - | ____________________________________________ 33 10 HOUSE BILL 92 | |
| 439 | + | ____________________________________________ 33 | |
| 440 | + | Witness #2 Signature 34 10 HOUSE BILL 92 | |
| 441 | 441 | ||
| 442 | 442 | ||
| 443 | - | Witness #1 Address 1 | |
| 444 | - | ____________________________________________ 2 | |
| 445 | - | Witness #1 Telephone Number 3 | |
| 443 | + | ____________________________________________ 1 | |
| 444 | + | Witness #2 Name Printed 2 | |
| 445 | + | ____________________________________________ 3 | |
| 446 | + | ____________________________________________ 4 | |
| 447 | + | Witness #2 Address 5 | |
| 448 | + | ____________________________________________ 6 | |
| 449 | + | Witness #2 Telephone Number” 7 | |
| 446 | 450 | ||
| 447 | - | ____________________________________________ 4 | |
| 448 | - | Witness #2 Signature 5 | |
| 449 | - | ____________________________________________ 6 | |
| 450 | - | Witness #2 Name Printed 7 | |
| 451 | - | ____________________________________________ 8 | |
| 452 | - | ____________________________________________ 9 | |
| 453 | - | Witness #2 Address 10 | |
| 454 | - | ____________________________________________ 11 | |
| 455 | - | Witness #2 Telephone Number” 12 | |
| 451 | + | 17–203. 8 | |
| 456 | 452 | ||
| 457 | - | ||
| 453 | + | “MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 9 | |
| 458 | 454 | ||
| 459 | - | ||
| 455 | + | PLEASE READ CAREFULLY 10 | |
| 460 | 456 | ||
| 461 | - | PLEASE READ CAREFULLY 15 | |
| 457 | + | This power of attorney authorizes another person (your agent) to make decisions concerning 11 | |
| 458 | + | your property for you (the principal). You need not give to your agent all the authorities 12 | |
| 459 | + | listed below and may give the agent only those limited powers that you specifically indicate. 13 | |
| 460 | + | This power of attorney gives your agent the right to make limited decisions for you. You 14 | |
| 461 | + | should very carefully weigh your decision as to what powers you give your agent. Your 15 | |
| 462 | + | agent will be able to make decisions and act with respect to your property (including your 16 | |
| 463 | + | money) whether or not you are able to act for yourself. 17 | |
| 462 | 464 | ||
| 463 | - | This power of attorney authorizes another person (your agent) to make decisions concerning 16 | |
| 464 | - | your property for you (the principal). You need not give to your agent all the authorities 17 | |
| 465 | - | listed below and may give the agent only those limited powers that you specifically indicate. 18 | |
| 466 | - | This power of attorney gives your agent the right to make limited decisions for you. You 19 | |
| 467 | - | should very carefully weigh your decision as to what powers you give your agent. Your 20 | |
| 468 | - | agent will be able to make decisions and act with respect to your property (including your 21 | |
| 469 | - | money) whether or not you are able to act for yourself. 22 | |
| 465 | + | If you choose to make a grant of limited authority, you should check the boxes that identify 18 | |
| 466 | + | the specific authorization you choose to give your agent. 19 | |
| 470 | 467 | ||
| 471 | - | If you choose to make a grant of limited authority, you should check the boxes that identify 23 | |
| 472 | - | the specific authorization you choose to give your agent. 24 | |
| 468 | + | This power of attorney does not authorize the agent to make health care decisions for you. 20 | |
| 473 | 469 | ||
| 474 | - | This power of attorney does not authorize the agent to make health care decisions for you. 25 | |
| 470 | + | You should select someone you trust to serve as your agent. Unless you specify otherwise, 21 | |
| 471 | + | generally the agent’s authority will continue until you die or revoke the power of attorney 22 | |
| 472 | + | or the agent resigns or is unable to act for you. 23 | |
| 475 | 473 | ||
| 476 | - | You should select someone you trust to serve as your agent. Unless you specify otherwise, 26 | |
| 477 | - | generally the agent’s authority will continue until you die or revoke the power of attorney 27 | |
| 478 | - | or the agent resigns or is unable to act for you. 28 | |
| 474 | + | Your agent is not entitled to compensation unless you indicate otherwise in the special 24 | |
| 475 | + | instructions of this power of attorney. If you indicate that your agent is to receive 25 | |
| 476 | + | compensation, your agent is entitled to reasonable compensation or compensation as 26 | |
| 477 | + | specified in the Special Instructions. 27 | |
| 479 | 478 | ||
| 480 | - | Your agent is not entitled to compensation unless you indicate otherwise in the special 29 | |
| 481 | - | instructions of this power of attorney. If you indicate that your agent is to receive 30 | |
| 482 | - | compensation, your agent is entitled to reasonable compensation or compensation as 31 | |
| 483 | - | specified in the Special Instructions. 32 | |
| 479 | + | This form provides for designation of one agent. If you wish to name more than one agent 28 | |
| 480 | + | you may name a coagent in the Special Instructions. Coagents are required to act together 29 | |
| 481 | + | unanimously unless you specify otherwise in the Special Instructions. 30 | |
| 484 | 482 | ||
| 485 | - | This form provides for designation of one agent. If you wish to name more than one agent 33 | |
| 486 | - | you may name a coagent in the Special Instructions. Coagents are required to act together 34 | |
| 487 | - | unanimously unless you specify otherwise in the Special Instructions. 35 | |
| 483 | + | If your agent is unavailable or unwilling to act for you, your power of attorney will end 31 | |
| 484 | + | unless you have named a successor agent. You may also name a second successor agent. 32 | |
| 488 | 485 | ||
| 489 | - | If your agent is unavailable or unwilling to act for you, your power of attorney will end 36 HOUSE BILL 92 11 | |
| 486 | + | This power of attorney becomes effective immediately unless you state otherwise in the 33 | |
| 487 | + | Special Instructions. 34 | |
| 488 | + | ||
| 489 | + | If you have questions about the power of attorney or the authority you are granting to your 35 HOUSE BILL 92 11 | |
| 490 | 490 | ||
| 491 | 491 | ||
| 492 | - | ||
| 492 | + | agent, you should seek legal advice before signing this form. 1 | |
| 493 | 493 | ||
| 494 | - | This power of attorney becomes effective immediately unless you state otherwise in the 2 | |
| 495 | - | Special Instructions. 3 | |
| 494 | + | DESIGNATION OF AGENT 2 | |
| 496 | 495 | ||
| 497 | - | If you have questions about the power of attorney or the authority you are granting to your 4 | |
| 498 | - | agent, you should seek legal advice before signing this form. 5 | |
| 496 | + | This section of the form provides for designation of one agent. 3 | |
| 499 | 497 | ||
| 500 | - | DESIGNATION OF AGENT 6 | |
| 498 | + | If you wish to name coagents, skip this section and use the next section (“Designation of 4 | |
| 499 | + | Coagents”). 5 | |
| 501 | 500 | ||
| 502 | - | This section of the form provides for designation of one agent. 7 | |
| 501 | + | I, ___________________________________________________, name the following person 6 | |
| 502 | + | (Name of Principal) 7 | |
| 503 | + | as my agent: 8 | |
| 503 | 504 | ||
| 504 | - | If you wish to name coagents, skip this section and use the next section (“Designation of 8 | |
| 505 | - | Coagents”). 9 | |
| 505 | + | Name of 9 | |
| 506 | + | Agent: _______________________________________________________________________ 10 | |
| 507 | + | Agent’s 11 | |
| 508 | + | Address: _____________________________________________________________________ 12 | |
| 509 | + | Agent’s Telephone 13 | |
| 510 | + | Number: _____________________________________________________________________ 14 | |
| 506 | 511 | ||
| 507 | - | I, ___________________________________________________, name the following person 10 | |
| 508 | - | (Name of Principal) 11 | |
| 509 | - | as my agent: 12 | |
| 512 | + | DESIGNATION OF COAGENTS (OPTIONAL) 15 | |
| 510 | 513 | ||
| 511 | - | Name of 13 | |
| 512 | - | Agent: _______________________________________________________________________ 14 | |
| 513 | - | Agent’s 15 | |
| 514 | - | Address: _____________________________________________________________________ 16 | |
| 515 | - | Agent’s Telephone 17 | |
| 516 | - | Number: _____________________________________________________________________ 18 | |
| 514 | + | This section of the form provides for designation of two or more coagents. Coagents are 16 | |
| 515 | + | required to act together unanimously unless you otherwise provide in this form. 17 | |
| 517 | 516 | ||
| 518 | - | ||
| 517 | + | I, ___________________________________________________________________________, 18 | |
| 519 | 518 | ||
| 520 | - | This section of the form provides for designation of two or more coagents. Coagents are 20 | |
| 521 | - | required to act together unanimously unless you otherwise provide in this form. 21 | |
| 519 | + | (Name of Principal) 19 | |
| 522 | 520 | ||
| 523 | - | ||
| 521 | + | Name the following persons as coagents: 20 | |
| 524 | 522 | ||
| 525 | - | ||
| 523 | + | Name of Coagent: ____________________________________________________________ 21 | |
| 526 | 524 | ||
| 527 | - | ||
| 525 | + | Coagent’s Address: ___________________________________________________________ 22 | |
| 528 | 526 | ||
| 529 | - | ||
| 527 | + | Coagent’s Telephone Number: _________________________________________________ 23 | |
| 530 | 528 | ||
| 531 | - | Coagent | |
| 529 | + | Name of Coagent: ____________________________________________________________ 24 | |
| 532 | 530 | ||
| 533 | - | Coagent’s | |
| 531 | + | Coagent’s Address: ___________________________________________________________ 25 | |
| 534 | 532 | ||
| 535 | - | ||
| 533 | + | Coagent’s Telephone Number: _________________________________________________ 26 | |
| 536 | 534 | ||
| 537 | - | Coagent’s Address: ___________________________________________________________ 29 | |
| 538 | - | 12 HOUSE BILL 92 | |
| 535 | + | Special Instructions Regarding Coagents: _______________________________________ 27 | |
| 536 | + | ___________________________________________________________________________________ 28 | |
| 537 | + | ___________________________________________________________________________________ 29 | |
| 538 | + | ____________________________________________________________________ 30 12 HOUSE BILL 92 | |
| 539 | 539 | ||
| 540 | 540 | ||
| 541 | - | Coagent’s Telephone Number: _________________________________________________ 1 | |
| 542 | 541 | ||
| 543 | - | Special Instructions Regarding Coagents: _______________________________________ 2 | |
| 544 | - | ___________________________________________________________________________________ 3 | |
| 545 | - | ___________________________________________________________________________________ 4 | |
| 546 | - | ____________________________________________________________________ 5 | |
| 542 | + | DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 1 | |
| 547 | 543 | ||
| 548 | - | ||
| 544 | + | If my agent is unable or unwilling to act for me, I name as my successor agent: 2 | |
| 549 | 545 | ||
| 550 | - | If my agent is unable or unwilling to act for me, I name as my successor agent: 7 | |
| 546 | + | Name of Successor Agent: _____________________________________________________ 3 | |
| 547 | + | Successor Agent’s 4 | |
| 548 | + | Address: _____________________________________________________________________ 5 | |
| 549 | + | Successor Agent’s Telephone Number: __________________________________________ 6 | |
| 551 | 550 | ||
| 552 | - | Name of Successor Agent: _____________________________________________________ 8 | |
| 553 | - | Successor Agent’s 9 | |
| 554 | - | Address: _____________________________________________________________________ 10 | |
| 555 | - | Successor Agent’s Telephone Number: __________________________________________ 11 | |
| 551 | + | If my successor agent is unable or unwilling to act for me, I name as my second successor 7 | |
| 552 | + | agent: 8 | |
| 556 | 553 | ||
| 557 | - | If my successor agent is unable or unwilling to act for me, I name as my second successor 12 | |
| 558 | - | agent: 13 | |
| 554 | + | Name of Second Successor 9 | |
| 555 | + | Agent: _______________________________________________________________________ 10 | |
| 556 | + | Second Successor Agent’s 11 | |
| 557 | + | Address: _____________________________________________________________________ 12 | |
| 558 | + | Second Successor Agent’s Telephone Number: ___________________________________ 13 | |
| 559 | 559 | ||
| 560 | - | Name of Second Successor 14 | |
| 561 | - | Agent: _______________________________________________________________________ 15 | |
| 562 | - | Second Successor Agent’s 16 | |
| 563 | - | Address: _____________________________________________________________________ 17 | |
| 564 | - | Second Successor Agent’s Telephone Number: ___________________________________ 18 | |
| 560 | + | GRANT OF GENERAL AUTHORITY 14 | |
| 565 | 561 | ||
| 566 | - | GRANT OF GENERAL AUTHORITY 19 | |
| 562 | + | I (“the principal”) grant my agent and any successor agent, with respect to each subject 15 | |
| 563 | + | that I choose below, the authority to do all acts that I could do to: 16 | |
| 567 | 564 | ||
| 568 | - | I (“the principal”) grant my agent and any successor agent, with respect to each subject 20 | |
| 569 | - | that I choose below, the authority to do all acts that I could do to: 21 | |
| 565 | + | (1) Demand, receive, and obtain by litigation or otherwise, money or 17 | |
| 566 | + | another thing of value to which the principal is, may become, or claims to be entitled, and 18 | |
| 567 | + | conserve, invest, disburse, or use anything so received or obtained for the purposes 19 | |
| 568 | + | intended; 20 | |
| 570 | 569 | ||
| 571 | - | ( | |
| 572 | - | ||
| 573 | - | ||
| 574 | - | ||
| 570 | + | (2) Contract with another person, on terms agreeable to the agent, to 21 | |
| 571 | + | accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 22 | |
| 572 | + | restate, release, or modify the contract or another contract made by or on behalf of the 23 | |
| 573 | + | principal; 24 | |
| 575 | 574 | ||
| 576 | - | ( | |
| 577 | - | accomplish a purpose of a transaction | |
| 578 | - | ||
| 579 | - | principal; | |
| 575 | + | (3) Execute, acknowledge, seal, deliver, file, or record any instrument or 25 | |
| 576 | + | communication the agent considers desirable to accomplish a purpose of a transaction, 26 | |
| 577 | + | including creating a schedule contemporaneously or at a later time listing some or all of the 27 | |
| 578 | + | principal’s property and attaching the schedule to this power of attorney; 28 | |
| 580 | 579 | ||
| 581 | - | (3) Execute, acknowledge, seal, deliver, file, or record any instrument or 30 | |
| 582 | - | communication the agent considers desirable to accomplish a purpose of a transaction, 31 | |
| 583 | - | including creating a schedule contemporaneously or at a later time listing some or all of the 32 | |
| 584 | - | principal’s property and attaching the schedule to this power of attorney; 33 | |
| 580 | + | (4) Initiate, participate in, submit to alternative dispute resolution, settle, 29 | |
| 581 | + | oppose, or propose or accept a compromise with respect to a claim existing in favor of or 30 | |
| 582 | + | against the principal or intervene in litigation relating to the claim; 31 | |
| 585 | 583 | ||
| 586 | - | (4) Initiate, participate in, submit to alternative dispute resolution, settle, 34 | |
| 587 | - | oppose, or propose or accept a compromise with respect to a claim existing in favor of or 35 HOUSE BILL 92 13 | |
| 584 | + | (5) Seek on the principal’s behalf the assistance of a court or other 32 | |
| 585 | + | governmental agency to carry out an act authorized in this power of attorney; 33 | |
| 586 | + | ||
| 587 | + | (6) Engage, compensate, and discharge an attorney, accountant, 34 HOUSE BILL 92 13 | |
| 588 | 588 | ||
| 589 | 589 | ||
| 590 | - | ||
| 590 | + | discretionary investment manager, expert witness, or other advisor; 1 | |
| 591 | 591 | ||
| 592 | - | ( | |
| 593 | - | ||
| 592 | + | (7) Prepare, execute, and file a record, report, or other document to 2 | |
| 593 | + | safeguard or promote the principal’s interest under a statute or regulation; 3 | |
| 594 | 594 | ||
| 595 | - | ( | |
| 596 | - | ||
| 595 | + | (8) Communicate with representatives or employees of a government or 4 | |
| 596 | + | governmental subdivision, agency, or instrumentality, on behalf of the principal; 5 | |
| 597 | 597 | ||
| 598 | - | ( | |
| 599 | - | ||
| 598 | + | (9) Access communications intended for, and communicate on behalf of the 6 | |
| 599 | + | principal, whether by mail, electronic transmission, telephone, or other means; and 7 | |
| 600 | 600 | ||
| 601 | - | ( | |
| 602 | - | ||
| 601 | + | (10) Do lawful acts with respect to the subject and all property related to the 8 | |
| 602 | + | subject. 9 | |
| 603 | 603 | ||
| 604 | - | (9) Access communications intended for, and communicate on behalf of the 10 | |
| 605 | - | principal, whether by mail, electronic transmission, telephone, or other means; and 11 | |
| 604 | + | (INITIAL each authority in any subject you want to include in the agent’s general 10 | |
| 605 | + | authority. Cross through each authority in any subject that you want to exclude. If you 11 | |
| 606 | + | wish to grant general authority over an entire subject, you may initial “All of the above” 12 | |
| 607 | + | instead of initialing each authority.) 13 | |
| 606 | 608 | ||
| 607 | - | (10) Do lawful acts with respect to the subject and all property related to the 12 | |
| 608 | - | subject. 13 | |
| 609 | + | SUBJECTS AND AUTHORITY 14 | |
| 609 | 610 | ||
| 610 | - | (INITIAL each authority in any subject you want to include in the agent’s general 14 | |
| 611 | - | authority. Cross through each authority in any subject that you want to exclude. If you 15 | |
| 612 | - | wish to grant general authority over an entire subject, you may initial “All of the above” 16 | |
| 613 | - | instead of initialing each authority.) 17 | |
| 611 | + | A. Real Property – With respect to this category, I authorize my agent to: 15 | |
| 614 | 612 | ||
| 615 | - | SUBJECTS AND AUTHORITY 18 | |
| 613 | + | (___) Demand, buy, lease, receive, accept as a gift or as security for an 16 | |
| 614 | + | extension of credit, or otherwise acquire or reject an interest in real property or a right 17 | |
| 615 | + | incident to real property 18 | |
| 616 | 616 | ||
| 617 | - | A. Real Property – With respect to this category, I authorize my agent to: 19 | |
| 617 | + | (___) Sell, exchange, convey with or without covenants, representations, or 19 | |
| 618 | + | warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 20 | |
| 619 | + | consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 21 | |
| 620 | + | other governmental permits, plat or consent to platting, develop, grant an option 22 | |
| 621 | + | concerning, lease, sublease, contribute to an entity in exchange for an interest in that 23 | |
| 622 | + | entity, or otherwise grant or dispose of an interest in real property or a right incident to 24 | |
| 623 | + | real property 25 | |
| 618 | 624 | ||
| 619 | - | (___) | |
| 620 | - | ||
| 621 | - | ||
| 625 | + | (___) Pledge or mortgage an interest in real property or right incident to real 26 | |
| 626 | + | property as security to borrow money or pay, renew, or extend the time of payment of a 27 | |
| 627 | + | debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 28 | |
| 622 | 628 | ||
| 623 | - | (___) Sell, exchange, convey with or without covenants, representations, or 23 | |
| 624 | - | warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 24 | |
| 625 | - | consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 25 | |
| 626 | - | other governmental permits, plat or consent to platting, develop, grant an option 26 | |
| 627 | - | concerning, lease, sublease, contribute to an entity in exchange for an interest in that 27 | |
| 628 | - | entity, or otherwise grant or dispose of an interest in real property or a right incident to 28 | |
| 629 | - | real property 29 | |
| 629 | + | (___) Release, assign, satisfy, or enforce by litigation or otherwise a 29 | |
| 630 | + | mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 30 | |
| 631 | + | property that exists or is asserted 31 | |
| 630 | 632 | ||
| 631 | - | (___) Pledge or mortgage an interest in real property or right incident to real 30 | |
| 632 | - | property as security to borrow money or pay, renew, or extend the time of payment of a 31 | |
| 633 | - | debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 32 | |
| 633 | + | (___) Manage or conserve an interest in real property or a right incident to 32 | |
| 634 | + | real property owned or claimed to be owned by the principal, including: 33 | |
| 634 | 635 | ||
| 635 | - | (___) Release, assign, satisfy, or enforce by litigation or otherwise a 33 | |
| 636 | - | mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 34 14 HOUSE BILL 92 | |
| 636 | + | (1) Insuring against liability or casualty or other loss; 34 14 HOUSE BILL 92 | |
| 637 | 637 | ||
| 638 | 638 | ||
| 639 | - | property that exists or is asserted 1 | |
| 640 | 639 | ||
| 641 | - | ( | |
| 642 | - | ||
| 640 | + | (2) Obtaining or regaining possession of or protecting the interest or right 1 | |
| 641 | + | by litigation or otherwise; 2 | |
| 643 | 642 | ||
| 644 | - | (1) Insuring against liability or casualty or other loss; 4 | |
| 643 | + | (3) Paying, assessing, compromising, or contesting taxes or assessments or 3 | |
| 644 | + | applying for and receiving refunds in connection with them; and 4 | |
| 645 | 645 | ||
| 646 | - | ( | |
| 647 | - | ||
| 646 | + | (4) Purchasing supplies, hiring assistance or labor, and making repairs or 5 | |
| 647 | + | alterations to the real property 6 | |
| 648 | 648 | ||
| 649 | - | (3) Paying, assessing, compromising, or contesting taxes or assessments or 7 | |
| 650 | - | applying for and receiving refunds in connection with them; and 8 | |
| 649 | + | (___) Use, develop, alter, replace, remove, erect, or install structures or other 7 | |
| 650 | + | improvements on real property in or incident to which the principal has, or claims to have, 8 | |
| 651 | + | an interest or right 9 | |
| 651 | 652 | ||
| 652 | - | (4) Purchasing supplies, hiring assistance or labor, and making repairs or 9 | |
| 653 | - | alterations to the real property 10 | |
| 653 | + | (___) Participate in a reorganization with respect to real property or an entity 10 | |
| 654 | + | that owns an interest in or a right incident to real property and receive, hold, and act with 11 | |
| 655 | + | respect to stocks and bonds or other property received in a plan of reorganization, including: 12 | |
| 654 | 656 | ||
| 655 | - | (___) Use, develop, alter, replace, remove, erect, or install structures or other 11 | |
| 656 | - | improvements on real property in or incident to which the principal has, or claims to have, 12 | |
| 657 | - | an interest or right 13 | |
| 657 | + | (1) Selling or otherwise disposing of the stocks and bonds or other property; 13 | |
| 658 | 658 | ||
| 659 | - | (___) Participate in a reorganization with respect to real property or an entity 14 | |
| 660 | - | that owns an interest in or a right incident to real property and receive, hold, and act with 15 | |
| 661 | - | respect to stocks and bonds or other property received in a plan of reorganization, including: 16 | |
| 659 | + | (2) Exercising or selling an option, a right of conversion, or a similar right 14 | |
| 660 | + | with respect to the stocks and bonds or other property; and 15 | |
| 662 | 661 | ||
| 663 | - | ( | |
| 662 | + | (3) Exercising voting rights in person or by proxy 16 | |
| 664 | 663 | ||
| 665 | - | ( | |
| 666 | - | ||
| 664 | + | (___) Change the form of title of an interest in or a right incident to real 17 | |
| 665 | + | property 18 | |
| 667 | 666 | ||
| 668 | - | (3) Exercising voting rights in person or by proxy 20 | |
| 667 | + | (___) Dedicate to public use, with or without consideration, easements or 19 | |
| 668 | + | other real property in which the principal has, or claims to have, an interest 20 | |
| 669 | 669 | ||
| 670 | - | (___) Change the form of title of an interest in or a right incident to real 21 | |
| 671 | - | property 22 | |
| 670 | + | (___) All of the above 21 | |
| 672 | 671 | ||
| 673 | - | (___) Dedicate to public use, with or without consideration, easements or 23 | |
| 674 | - | other real property in which the principal has, or claims to have, an interest 24 | |
| 672 | + | B. Tangible Personal Property – With respect to this subject, I authorize my 22 | |
| 673 | + | agent to: 23 | |
| 674 | + | ||
| 675 | + | (___) Demand, buy, receive, accept as a gift or as security for an extension of 24 | |
| 676 | + | credit, or otherwise acquire or reject ownership or possession of tangible personal property 25 | |
| 677 | + | or an interest in tangible personal property 26 | |
| 678 | + | ||
| 679 | + | (___) Sell, exchange, convey with or without covenants, representations, or 27 | |
| 680 | + | warranties, quitclaim, release, surrender, create a security interest in, grant options 28 | |
| 681 | + | concerning, lease, sublease, or otherwise dispose of tangible personal property or an 29 | |
| 682 | + | interest in tangible personal property 30 | |
| 683 | + | ||
| 684 | + | (___) Grant a security interest in tangible personal property or an interest in 31 | |
| 685 | + | tangible personal property as security to borrow money or pay, renew, or extend the time 32 HOUSE BILL 92 15 | |
| 686 | + | ||
| 687 | + | ||
| 688 | + | of payment of a debt of the principal or a debt guaranteed by the principal 1 | |
| 689 | + | ||
| 690 | + | (___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 2 | |
| 691 | + | interest, lien, or other claim on behalf of the principal, with respect to tangible personal 3 | |
| 692 | + | property or an interest in tangible personal property 4 | |
| 693 | + | ||
| 694 | + | (___) Manage or conserve tangible personal property or an interest in 5 | |
| 695 | + | tangible personal property on behalf of the principal, including: 6 | |
| 696 | + | ||
| 697 | + | (1) Insuring against liability or casualty or other loss; 7 | |
| 698 | + | ||
| 699 | + | (2) Obtaining or regaining possession of or protecting the property or 8 | |
| 700 | + | interest, by litigation or otherwise; 9 | |
| 701 | + | ||
| 702 | + | (3) Paying, assessing, compromising, or contesting taxes or assessments or 10 | |
| 703 | + | applying for and receiving refunds in connection with taxes or assessments; 11 | |
| 704 | + | ||
| 705 | + | (4) Moving the property from place to place; 12 | |
| 706 | + | ||
| 707 | + | (5) Storing the property for hire or on a gratuitous bailment; and 13 | |
| 708 | + | ||
| 709 | + | (6) Using and making repairs, alterations, or improvements to the property 14 | |
| 710 | + | ||
| 711 | + | (___) Change the form of title of an interest in tangible personal property 15 | |
| 712 | + | ||
| 713 | + | (___) All of the above 16 | |
| 714 | + | ||
| 715 | + | C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 17 | |
| 716 | + | ||
| 717 | + | (___) Buy, sell, and exchange stocks and bonds 18 | |
| 718 | + | ||
| 719 | + | (___) Establish, continue, modify, or terminate an account with respect to 19 | |
| 720 | + | stocks and bonds 20 | |
| 721 | + | ||
| 722 | + | (___) Pledge stocks and bonds as security to borrow, pay, renew, or extend 21 | |
| 723 | + | the time of payment of a debt of the principal 22 | |
| 724 | + | ||
| 725 | + | (___) Receive certificates and other evidences of ownership with respect to 23 | |
| 726 | + | stocks and bonds 24 | |
| 727 | + | ||
| 728 | + | (___) Exercise voting rights with respect to stocks and bonds in person or by 25 | |
| 729 | + | proxy, enter into voting trusts, and consent to limitations on the right to vote 26 | |
| 730 | + | ||
| 731 | + | (___) All of the above 27 | |
| 732 | + | ||
| 733 | + | D. Commodities – With respect to this subject, I authorize my agent to: 28 | |
| 734 | + | 16 HOUSE BILL 92 | |
| 735 | + | ||
| 736 | + | ||
| 737 | + | (___) Buy, sell, exchange, assign, settle, and exercise commodity futures 1 | |
| 738 | + | contracts and call or put options on stocks or stock indexes traded on a regulated option 2 | |
| 739 | + | exchange 3 | |
| 740 | + | ||
| 741 | + | (___) Establish, continue, modify, and terminate option accounts 4 | |
| 742 | + | ||
| 743 | + | (___) All of the above 5 | |
| 744 | + | ||
| 745 | + | E. Banks and Other Financial Institutions – With respect to this subject, I 6 | |
| 746 | + | authorize my agent to: 7 | |
| 747 | + | ||
| 748 | + | (___) Continue, modify, transact all business in connection with, and 8 | |
| 749 | + | terminate an account or other banking arrangement made by or on behalf of the principal 9 | |
| 750 | + | ||
| 751 | + | (___) Establish, modify, transact all business in connection with, and 10 | |
| 752 | + | terminate an account or other banking arrangement with a bank, trust company, savings 11 | |
| 753 | + | and loan association, credit union, thrift company, brokerage firm, or other financial 12 | |
| 754 | + | institution selected by the agent 13 | |
| 755 | + | ||
| 756 | + | (___) Contract for services available from a financial institution, including 14 | |
| 757 | + | renting a safe deposit box or space in a vault 15 | |
| 758 | + | ||
| 759 | + | (___) Deposit by check, money order, electronic funds transfer, or otherwise 16 | |
| 760 | + | with, or leave in the custody of, a financial institution money or property of the principal 17 | |
| 761 | + | ||
| 762 | + | (___) Withdraw, by check, money order, electronic funds transfer, or 18 | |
| 763 | + | otherwise, money or property of the principal deposited with or left in the custody of a 19 | |
| 764 | + | financial institution 20 | |
| 765 | + | ||
| 766 | + | (___) Receive statements of account, vouchers, notices, and similar 21 | |
| 767 | + | documents from a financial institution and act with respect to them 22 | |
| 768 | + | ||
| 769 | + | (___) Enter a safe deposit box or vault and withdraw or add to the contents 23 | |
| 770 | + | ||
| 771 | + | (___) Borrow money and pledge as security personal property of the principal 24 | |
| 772 | + | necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 25 | |
| 773 | + | principal or a debt guaranteed by the principal 26 | |
| 774 | + | ||
| 775 | + | (___) Make, assign, draw, endorse, discount, guarantee, and negotiate 27 | |
| 776 | + | promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 28 | |
| 777 | + | principal or payable to the principal or the principal’s order, transfer money, receive the 29 | |
| 778 | + | cash or other proceeds of those transactions, and accept a draft drawn by a person on the 30 | |
| 779 | + | principal and pay the draft when due 31 | |
| 780 | + | ||
| 781 | + | (___) Receive for the principal and act on a sight draft, warehouse receipt, 32 | |
| 782 | + | other document of title whether tangible or electronic, or other negotiable or nonnegotiable 33 | |
| 783 | + | instrument 34 HOUSE BILL 92 17 | |
| 784 | + | ||
| 785 | + | ||
| 786 | + | ||
| 787 | + | (___) Apply for, receive, and use letters of credit, credit cards and debit cards, 1 | |
| 788 | + | electronic transaction authorizations, and traveler’s checks from a financial institution and 2 | |
| 789 | + | give an indemnity or other agreement in connection with letters of credit 3 | |
| 790 | + | ||
| 791 | + | (___) Consent to an extension of the time of payment with respect to 4 | |
| 792 | + | commercial paper or a financial transaction with a financial institution 5 | |
| 793 | + | ||
| 794 | + | (___) All of the above 6 | |
| 795 | + | ||
| 796 | + | F. Operation of an Entity or a Business – With respect to this subject, I authorize 7 | |
| 797 | + | my agent to: 8 | |
| 798 | + | ||
| 799 | + | (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 9 | |
| 800 | + | ||
| 801 | + | (___) Perform a duty or discharge a liability and exercise in person or by 10 | |
| 802 | + | proxy a right, power, privilege, or an option that the principal has, may have, or claims to 11 | |
| 803 | + | have 12 | |
| 804 | + | ||
| 805 | + | (___) Enforce the terms of an ownership agreement 13 | |
| 806 | + | ||
| 807 | + | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 14 | |
| 808 | + | oppose, or propose or accept a compromise with respect to litigation to which the principal 15 | |
| 809 | + | is a party because of an ownership interest 16 | |
| 810 | + | ||
| 811 | + | (___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 17 | |
| 812 | + | right, power, privilege, or an option the principal has or claims to have as the holder of 18 | |
| 813 | + | stocks and bonds 19 | |
| 814 | + | ||
| 815 | + | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 20 | |
| 816 | + | oppose, or propose or accept a compromise with respect to litigation to which the principal 21 | |
| 817 | + | is a party concerning stocks and bonds 22 | |
| 818 | + | ||
| 819 | + | (___) With respect to an entity or business owned solely by the principal: 23 | |
| 820 | + | ||
| 821 | + | (1) Continue, modify, renegotiate, extend, and terminate a contract made 24 | |
| 822 | + | by or on behalf of the principal with respect to the entity or business before execution of 25 | |
| 823 | + | this power of attorney; 26 | |
| 824 | + | ||
| 825 | + | (2) Determine: 27 | |
| 826 | + | ||
| 827 | + | (i) The location of the operation of the entity or business; 28 | |
| 828 | + | ||
| 829 | + | (ii) The nature and extent of the business of the entity or business; 29 | |
| 830 | + | ||
| 831 | + | (iii) The methods of manufacturing, selling, merchandising, 30 | |
| 832 | + | financing, accounting, and advertising employed in the operation of the entity or business; 31 18 HOUSE BILL 92 | |
| 833 | + | ||
| 834 | + | ||
| 835 | + | ||
| 836 | + | (iv) The amount and types of insurance carried by the entity or 1 | |
| 837 | + | business; and 2 | |
| 838 | + | ||
| 839 | + | (v) The mode of engaging, compensating, and dealing with the 3 | |
| 840 | + | employees and accountants, attorneys, or other advisors of the entity or business; 4 | |
| 841 | + | ||
| 842 | + | (3) Change the name or form of organization under which the entity or 5 | |
| 843 | + | business is operated and enter into an ownership agreement with other persons to take 6 | |
| 844 | + | over all or part of the operation of the entity or business; and 7 | |
| 845 | + | ||
| 846 | + | (4) Demand and receive money due or claimed by the principal or on the 8 | |
| 847 | + | principal’s behalf in the operation of the entity or business and control and disburse the 9 | |
| 848 | + | money in the operation of the entity or business 10 | |
| 849 | + | ||
| 850 | + | (___) Put additional capital into an entity or a business in which the principal 11 | |
| 851 | + | has an interest 12 | |
| 852 | + | ||
| 853 | + | (___) Join in a plan of reorganization, consolidation, conversion, 13 | |
| 854 | + | domestication, or merger of the entity or business 14 | |
| 855 | + | ||
| 856 | + | (___) Sell or liquidate all or part of an entity or business 15 | |
| 857 | + | ||
| 858 | + | (___) Establish the value of an entity or a business under a buyout agreement 16 | |
| 859 | + | to which the principal is a party 17 | |
| 860 | + | ||
| 861 | + | (___) Prepare, sign, file, and deliver reports, compilations of information, 18 | |
| 862 | + | returns, or other papers with respect to an entity or business and make related payments 19 | |
| 863 | + | ||
| 864 | + | (___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 20 | |
| 865 | + | perform other acts to protect the principal from illegal or unnecessary taxation, 21 | |
| 866 | + | assessments, fines, or penalties, with respect to an entity or a business, including attempts 22 | |
| 867 | + | to recover, as permitted by law, money paid before or after the execution of this power of 23 | |
| 868 | + | attorney 24 | |
| 675 | 869 | ||
| 676 | 870 | (___) All of the above 25 | |
| 677 | 871 | ||
| 678 | - | | |
| 679 | - | ||
| 872 | + | G. Insurance and Annuities – With respect to this subject, I authorize my agent 26 | |
| 873 | + | to: 27 | |
| 680 | 874 | ||
| 681 | - | (___) Demand, buy, receive, accept as a gift or as security for an extension of 28 | |
| 682 | - | credit, or otherwise acquire or reject ownership or possession of tangible personal property 29 | |
| 683 | - | or an interest in tangible personal property 30 | |
| 875 | + | (___) Continue, pay the premium or make a contribution on, modify, 28 | |
| 876 | + | exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 29 | |
| 877 | + | that insures or provides an annuity to either the principal or another person, whether or 30 | |
| 878 | + | not the principal is a beneficiary under the contract 31 | |
| 684 | 879 | ||
| 685 | - | (___) Sell, exchange, convey with or without covenants, representations, or 31 HOUSE BILL 92 15 | |
| 880 | + | (___) Procure new, different, and additional contracts of insurance and 32 | |
| 881 | + | annuities for the principal and the principal’s spouse, children, and other dependents, and 33 HOUSE BILL 92 19 | |
| 686 | 882 | ||
| 687 | 883 | ||
| 688 | - | warranties, quitclaim, release, surrender, create a security interest in, grant options 1 | |
| 689 | - | concerning, lease, sublease, or otherwise dispose of tangible personal property or an 2 | |
| 690 | - | interest in tangible personal property 3 | |
| 884 | + | select the amount, type of insurance or annuity, and mode of payment 1 | |
| 691 | 885 | ||
| 692 | - | (___) Grant a security interest in tangible personal property or an interest in 4 | |
| 693 | - | tangible personal property as security to borrow money or pay, renew, or extend the time 5 | |
| 694 | - | of payment of a debt of the principal or a debt guaranteed by the principal 6 | |
| 886 | + | (___) Pay the premium or make a contribution on, modify, exchange, rescind, 2 | |
| 887 | + | release, or terminate a contract of insurance or annuity procured by the agent 3 | |
| 695 | 888 | ||
| 696 | - | (___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 7 | |
| 697 | - | interest, lien, or other claim on behalf of the principal, with respect to tangible personal 8 | |
| 698 | - | property or an interest in tangible personal property 9 | |
| 889 | + | (___) Apply for and receive a loan secured by a contract of insurance or 4 | |
| 890 | + | annuity 5 | |
| 699 | 891 | ||
| 700 | - | (___) | |
| 701 | - | ||
| 892 | + | (___) Surrender and receive the cash surrender value on a contract of 6 | |
| 893 | + | insurance or annuity 7 | |
| 702 | 894 | ||
| 703 | - | ( | |
| 895 | + | (___) Exercise an election 8 | |
| 704 | 896 | ||
| 705 | - | ( | |
| 706 | - | ||
| 897 | + | (___) Exercise investment powers available under a contract of insurance or 9 | |
| 898 | + | annuity 10 | |
| 707 | 899 | ||
| 708 | - | ( | |
| 709 | - | ||
| 900 | + | (___) Change the manner of paying premiums on a contract of insurance or 11 | |
| 901 | + | annuity 12 | |
| 710 | 902 | ||
| 711 | - | (4) Moving the property from place to place; 17 | |
| 903 | + | (___) Change or convert the type of insurance or annuity with respect to 13 | |
| 904 | + | which the principal has or claims to have authority described in this section 14 | |
| 712 | 905 | ||
| 713 | - | (5) Storing the property for hire or on a gratuitous bailment; and 18 | |
| 906 | + | (___) Apply for and procure a benefit or assistance under a statute or 15 | |
| 907 | + | regulation to guarantee or pay premiums of a contract of insurance on the life of the 16 | |
| 908 | + | principal 17 | |
| 714 | 909 | ||
| 715 | - | (6) Using and making repairs, alterations, or improvements to the property 19 | |
| 910 | + | (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 18 | |
| 911 | + | of the principal in a contract of insurance or annuity 19 | |
| 716 | 912 | ||
| 717 | - | (___) Change the form of title of an interest in tangible personal property 20 | |
| 913 | + | (___) Select the form and timing of the payment of proceeds from a contract 20 | |
| 914 | + | of insurance or annuity 21 | |
| 915 | + | ||
| 916 | + | (___) Pay, from proceeds or otherwise, compromise or contest, and apply for 22 | |
| 917 | + | refunds in connection with a tax or assessment levied by a taxing authority with respect to 23 | |
| 918 | + | a contract of insurance or annuity or the proceeds or liability from the contract of insurance 24 | |
| 919 | + | or annuity accruing by reason of the tax or assessment 25 | |
| 920 | + | ||
| 921 | + | (___) All of the above 26 | |
| 922 | + | ||
| 923 | + | H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 27 | |
| 924 | + | estates, guardianships, conservatorships, escrows, or custodianships or funds from which 28 | |
| 925 | + | the principal is, may become, or claims to be entitled to a share or payment) – With respect 29 | |
| 926 | + | to this subject, I authorize my agent to: 30 | |
| 927 | + | ||
| 928 | + | (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 31 | |
| 929 | + | or payment from the fund described above 32 | |
| 930 | + | 20 HOUSE BILL 92 | |
| 931 | + | ||
| 932 | + | ||
| 933 | + | (___) Demand or obtain money or another thing of value to which the 1 | |
| 934 | + | principal is, may become, or claims to be entitled by reason of the fund described above, by 2 | |
| 935 | + | litigation or otherwise 3 | |
| 936 | + | ||
| 937 | + | (___) Exercise for the benefit of the principal a presently exercisable general 4 | |
| 938 | + | power of appointment held by the principal 5 | |
| 939 | + | ||
| 940 | + | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 6 | |
| 941 | + | oppose, or propose or accept a compromise with respect to litigation to ascertain the 7 | |
| 942 | + | meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 8 | |
| 943 | + | transaction affecting the interest of the principal 9 | |
| 944 | + | ||
| 945 | + | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 10 | |
| 946 | + | oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 11 | |
| 947 | + | or surcharge a fiduciary 12 | |
| 948 | + | ||
| 949 | + | (___) Conserve, invest, disburse, or use anything received for an authorized 13 | |
| 950 | + | purpose 14 | |
| 951 | + | ||
| 952 | + | (___) Transfer an interest of the principal in real property, stocks and bonds, 15 | |
| 953 | + | accounts with financial institutions or securities intermediaries, insurance, annuities, and 16 | |
| 954 | + | other property to the trustee of a revocable trust created by the principal as settlor 17 | |
| 955 | + | ||
| 956 | + | (___) Reject, renounce, disclaim, release, or consent to a reduction in or 18 | |
| 957 | + | modification of a share in or payment from the fund described above 19 | |
| 958 | + | ||
| 959 | + | (___) Elect to take an elective share of an estate subject to election under § 20 | |
| 960 | + | 3–403 of the Estates and Trusts Article 21 | |
| 961 | + | ||
| 962 | + | (___) All of the above 22 | |
| 963 | + | ||
| 964 | + | I. Claims and Litigation – With respect to this subject, I authorize my agent to: 23 | |
| 965 | + | ||
| 966 | + | (___) Assert and maintain before a court or administrative agency a claim, 24 | |
| 967 | + | claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 25 | |
| 968 | + | action to recover property or other thing of value, recover damages sustained by the 26 | |
| 969 | + | principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 27 | |
| 970 | + | other relief 28 | |
| 971 | + | ||
| 972 | + | (___) Bring an action to determine adverse claims or intervene or otherwise 29 | |
| 973 | + | participate in litigation 30 | |
| 974 | + | ||
| 975 | + | (___) Seek an attachment, garnishment, order of arrest, or other preliminary, 31 | |
| 976 | + | provisional, or intermediate relief and use an available procedure to effect or satisfy a 32 | |
| 977 | + | judgment, order, or decree 33 | |
| 978 | + | ||
| 979 | + | (___) Make or accept a tender, offer of judgment, or admission of facts, submit 34 HOUSE BILL 92 21 | |
| 980 | + | ||
| 981 | + | ||
| 982 | + | a controversy on an agreed statement of facts, consent to examination, and bind the 1 | |
| 983 | + | principal in litigation 2 | |
| 984 | + | ||
| 985 | + | (___) Submit to alternative dispute resolution, settle, and propose or accept 3 | |
| 986 | + | a compromise 4 | |
| 987 | + | ||
| 988 | + | (___) Waive the issuance and service of process on the principal, accept 5 | |
| 989 | + | service of process, appear for the principal, designate persons on which process directed to 6 | |
| 990 | + | the principal may be served, execute and file or deliver stipulations on the principal’s 7 | |
| 991 | + | behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 8 | |
| 992 | + | bonds, contract and pay for the preparation and printing of records and briefs, receive, 9 | |
| 993 | + | execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 10 | |
| 994 | + | of judgment, notice, agreement, or other instrument in connection with the prosecution, 11 | |
| 995 | + | settlement, or defense of a claim or litigation 12 | |
| 996 | + | ||
| 997 | + | (___) Act for the principal with respect to bankruptcy or insolvency, whether 13 | |
| 998 | + | voluntary or involuntary, concerning the principal or some other person, or with respect to 14 | |
| 999 | + | a reorganization, receivership, or application for the appointment of a receiver or trustee 15 | |
| 1000 | + | that affects an interest of the principal in property or other thing of value 16 | |
| 1001 | + | ||
| 1002 | + | (___) Pay a judgment, award, or order against the principal or a settlement 17 | |
| 1003 | + | made in connection with a claim or litigation 18 | |
| 1004 | + | ||
| 1005 | + | (___) Receive money or other thing of value paid in settlement of or as 19 | |
| 1006 | + | proceeds of a claim or litigation 20 | |
| 718 | 1007 | ||
| 719 | 1008 | (___) All of the above 21 | |
| 720 | 1009 | ||
| 721 | - | C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 22 | |
| 1010 | + | J. Personal and Family Maintenance – With respect to this subject, I authorize 22 | |
| 1011 | + | my agent to: 23 | |
| 722 | 1012 | ||
| 723 | - | (___) Buy, sell, and exchange stocks and bonds 23 | |
| 1013 | + | (___) Perform the acts necessary to maintain the customary standard of 24 | |
| 1014 | + | living of the principal, the principal’s spouse, and the following individuals, whether living 25 | |
| 1015 | + | when this power of attorney is executed or later born: 26 | |
| 724 | 1016 | ||
| 725 | - | (___) Establish, continue, modify, or terminate an account with respect to 24 | |
| 726 | - | stocks and bonds 25 | |
| 1017 | + | (1) The principal’s children; 27 | |
| 727 | 1018 | ||
| 728 | - | ( | |
| 729 | - | ||
| 1019 | + | (2) Other individuals legally entitled to be supported by the 28 | |
| 1020 | + | principal; and 29 | |
| 730 | 1021 | ||
| 731 | - | ( | |
| 732 | - | ||
| 1022 | + | (3) The individuals whom the principal has customarily supported 30 | |
| 1023 | + | or indicated the intent to support; 31 | |
| 733 | 1024 | ||
| 734 | - | (___) Exercise voting rights with respect to stocks and bonds in person or by 30 16 HOUSE BILL 92 | |
| 1025 | + | (___) Make periodic payments of child support and other family maintenance 32 | |
| 1026 | + | required by a court or governmental agency or an agreement to which the principal is a 33 | |
| 1027 | + | party 34 | |
| 1028 | + | 22 HOUSE BILL 92 | |
| 735 | 1029 | ||
| 736 | 1030 | ||
| 737 | - | ||
| 1031 | + | (___) Provide living quarters for the individuals described above by: 1 | |
| 738 | 1032 | ||
| 739 | - | ( | |
| 1033 | + | (1) Purchase, lease, or other contract; or 2 | |
| 740 | 1034 | ||
| 741 | - | D. Commodities – With respect to this subject, I authorize my agent to: 3 | |
| 1035 | + | (2) Paying the operating costs, including interest, amortization 3 | |
| 1036 | + | payments, repairs, improvements, and taxes, for premises owned by the principal or 4 | |
| 1037 | + | occupied by those individuals 5 | |
| 742 | 1038 | ||
| 743 | - | (___) | |
| 744 | - | ||
| 745 | - | ||
| 1039 | + | (___) Provide normal domestic help, usual vacations and travel expenses, and 6 | |
| 1040 | + | funds for shelter, clothing, food, appropriate education, including postsecondary and 7 | |
| 1041 | + | vocational education, and other current living costs for the individuals described above 8 | |
| 746 | 1042 | ||
| 747 | - | (___) Establish, continue, modify, and terminate option accounts 7 | |
| 1043 | + | (___) Pay expenses for necessary health care and custodial care on behalf of 9 | |
| 1044 | + | the individuals described above 10 | |
| 748 | 1045 | ||
| 749 | - | (___) All of the above 8 | |
| 1046 | + | (___) Act as the principal’s personal representative in accordance with the 11 | |
| 1047 | + | Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 12 | |
| 1048 | + | Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 13 | |
| 1049 | + | the past, present, or future payment for the provision of health care consented to by the 14 | |
| 1050 | + | principal or anyone authorized under the law of this State to consent to health care on 15 | |
| 1051 | + | behalf of the principal 16 | |
| 750 | 1052 | ||
| 751 | - | E. Banks and Other Financial Institutions – With respect to this subject, I 9 | |
| 752 | - | authorize my agent to: 10 | |
| 1053 | + | (___) Continue provisions made by the principal for automobiles or other 17 | |
| 1054 | + | means of transportation, including registering, licensing, insuring, and replacing the 18 | |
| 1055 | + | means of transportation, for the individuals described above 19 | |
| 753 | 1056 | ||
| 754 | - | (___) | |
| 755 | - | ||
| 1057 | + | (___) Maintain credit and debit accounts for the convenience of the 20 | |
| 1058 | + | individuals described above and open new accounts 21 | |
| 756 | 1059 | ||
| 757 | - | (___) Establish, modify, transact all business in connection with, and 13 | |
| 758 | - | terminate an account or other banking arrangement with a bank, trust company, savings 14 | |
| 759 | - | and loan association, credit union, thrift company, brokerage firm, or other financial 15 | |
| 760 | - | institution selected by the agent 16 | |
| 1060 | + | (___) Continue payments incidental to the membership or affiliation of the 22 | |
| 1061 | + | principal in a religious institution, club, society, order, or other organization or to continue 23 | |
| 1062 | + | contributions to those organizations 24 | |
| 761 | 1063 | ||
| 762 | - | (___) Contract for services available from a financial institution, including 17 | |
| 763 | - | renting a safe deposit box or space in a vault 18 | |
| 1064 | + | (NOTE: Authority with respect to personal and family maintenance is neither 25 | |
| 1065 | + | dependent on, nor limited by, authority that an agent may or may not have with respect to 26 | |
| 1066 | + | gifts under this power of attorney.) 27 | |
| 764 | 1067 | ||
| 765 | - | (___) Deposit by check, money order, electronic funds transfer, or otherwise 19 | |
| 766 | - | with, or leave in the custody of, a financial institution money or property of the principal 20 | |
| 1068 | + | (___) All of the above 28 | |
| 767 | 1069 | ||
| 768 | - | | |
| 769 | - | ||
| 770 | - | ||
| 1070 | + | K. Benefits from Governmental Programs or Civil or Military Service (including 29 | |
| 1071 | + | any benefit, program, or assistance provided under a statute or regulation including Social 30 | |
| 1072 | + | Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: 31 | |
| 771 | 1073 | ||
| 772 | - | (___) Receive statements of account, vouchers, notices, and similar 24 | |
| 773 | - | documents from a financial institution and act with respect to them 25 | |
| 774 | - | ||
| 775 | - | (___) Enter a safe deposit box or vault and withdraw or add to the contents 26 | |
| 776 | - | ||
| 777 | - | (___) Borrow money and pledge as security personal property of the principal 27 | |
| 778 | - | necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 28 | |
| 779 | - | principal or a debt guaranteed by the principal 29 | |
| 780 | - | ||
| 781 | - | (___) Make, assign, draw, endorse, discount, guarantee, and negotiate 30 | |
| 782 | - | promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 31 | |
| 783 | - | principal or payable to the principal or the principal’s order, transfer money, receive the 32 HOUSE BILL 92 17 | |
| 1074 | + | (___) Execute vouchers in the name of the principal for allowances and 32 | |
| 1075 | + | reimbursements payable by the United States or a foreign government or by a state or 33 | |
| 1076 | + | subdivision of a state to the principal, including allowances and reimbursements for 34 | |
| 1077 | + | transportation of the individuals described in “J. Personal and Family Maintenance” above, 35 HOUSE BILL 92 23 | |
| 784 | 1078 | ||
| 785 | 1079 | ||
| 786 | - | cash or other proceeds of those transactions, and accept a draft drawn by a person on the 1 | |
| 787 | - | principal and pay the draft when due 2 | |
| 1080 | + | and for shipment of the household effects of those individuals 1 | |
| 788 | 1081 | ||
| 789 | - | (___) Receive for the principal and act on a sight draft, warehouse receipt, 3 | |
| 790 | - | other document of title whether tangible or electronic, or other negotiable or nonnegotiable 4 | |
| 791 | - | instrument 5 | |
| 1082 | + | (___) Take possession and order the removal and shipment of property of the 2 | |
| 1083 | + | principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 3 | |
| 1084 | + | either governmental or private, and execute and deliver a release, voucher, receipt, bill of 4 | |
| 1085 | + | lading, shipping ticket, certificate, or other instrument for that purpose 5 | |
| 792 | 1086 | ||
| 793 | - | (___) Apply for, receive, and use letters of credit, credit cards and debit cards, 6 | |
| 794 | - | electronic transaction authorizations, and traveler’s checks from a financial institution and 7 | |
| 795 | - | give an indemnity or other agreement in connection with letters of credit 8 | |
| 1087 | + | (___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 6 | |
| 1088 | + | QUALIFY FOR A BENEFIT OR PRO GRAM, INCLUDING OBTAINING PERSONAL AND 7 | |
| 1089 | + | FINANCIAL RECORDS AN D, TO THE EXTENT SPECIF ICALLY AUTHORIZED BELOW , TO 8 | |
| 1090 | + | TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 9 | |
| 796 | 1091 | ||
| 797 | - | (___) | |
| 798 | - | ||
| 1092 | + | (___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 10 | |
| 1093 | + | principal’s behalf, a benefit or program 11 | |
| 799 | 1094 | ||
| 800 | - | (___) All of the above 11 | |
| 1095 | + | (___) Prepare, file, and maintain a claim of the principal for a benefit or 12 | |
| 1096 | + | assistance, financial or otherwise, to which the principal may be entitled under a statute 13 | |
| 1097 | + | or regulation 14 | |
| 801 | 1098 | ||
| 802 | - | F. Operation of an Entity or a Business – With respect to this subject, I authorize 12 | |
| 803 | - | my agent to: 13 | |
| 1099 | + | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 15 | |
| 1100 | + | oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 16 | |
| 1101 | + | assistance the principal may be entitled to receive under a statute or regulation 17 | |
| 804 | 1102 | ||
| 805 | - | (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 14 | |
| 1103 | + | (___) Receive the financial proceeds of a claim described above and conserve, 18 | |
| 1104 | + | invest, disburse, or use for a lawful purpose anything so received 19 | |
| 806 | 1105 | ||
| 807 | - | (___) Perform a duty or discharge a liability and exercise in person or by 15 | |
| 808 | - | proxy a right, power, privilege, or an option that the principal has, may have, or claims to 16 | |
| 809 | - | have 17 | |
| 1106 | + | (___) All of the above 20 | |
| 810 | 1107 | ||
| 811 | - | (___) Enforce the terms of an ownership agreement 18 | |
| 1108 | + | L. Retirement Plans (including a plan or account created by an employer, the 21 | |
| 1109 | + | principal, or another individual to provide retirement benefits or deferred compensation of 22 | |
| 1110 | + | which the principal is a participant, beneficiary, or owner, including a plan or account 23 | |
| 1111 | + | under the following sections of the Internal Revenue Code: 24 | |
| 812 | 1112 | ||
| 813 | - | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 19 | |
| 814 | - | oppose, or propose or accept a compromise with respect to litigation to which the principal 20 | |
| 815 | - | is a party because of an ownership interest 21 | |
| 1113 | + | (1) An individual retirement account under Internal Revenue Code Section 25 | |
| 1114 | + | 408, 26 U.S.C. § 408; 26 | |
| 816 | 1115 | ||
| 817 | - | (___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 22 | |
| 818 | - | right, power, privilege, or an option the principal has or claims to have as the holder of 23 | |
| 819 | - | stocks and bonds 24 | |
| 1116 | + | (2) A Roth individual retirement account under Internal Revenue Code 27 | |
| 1117 | + | Section 408A, 26 U.S.C. § 408A; 28 | |
| 820 | 1118 | ||
| 821 | - | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 25 | |
| 822 | - | oppose, or propose or accept a compromise with respect to litigation to which the principal 26 | |
| 823 | - | is a party concerning stocks and bonds 27 | |
| 1119 | + | (3) A deemed individual retirement account under Internal Revenue Code 29 | |
| 1120 | + | Section 408(q), 26 U.S.C. § 408(q); 30 | |
| 824 | 1121 | ||
| 825 | - | (___) With respect to an entity or business owned solely by the principal: 28 | |
| 1122 | + | (4) An annuity or mutual fund custodial account under Internal Revenue 31 | |
| 1123 | + | Code Section 403(b), 26 U.S.C. § 403(b); 32 | |
| 826 | 1124 | ||
| 827 | - | (1) Continue, modify, renegotiate, extend, and terminate a contract made 29 | |
| 828 | - | by or on behalf of the principal with respect to the entity or business before execution of 30 | |
| 829 | - | this power of attorney; 31 | |
| 830 | - | ||
| 831 | - | (2) Determine: 32 | |
| 832 | - | 18 HOUSE BILL 92 | |
| 833 | - | ||
| 834 | - | ||
| 835 | - | (i) The location of the operation of the entity or business; 1 | |
| 836 | - | ||
| 837 | - | (ii) The nature and extent of the business of the entity or business; 2 | |
| 838 | - | ||
| 839 | - | (iii) The methods of manufacturing, selling, merchandising, 3 | |
| 840 | - | financing, accounting, and advertising employed in the operation of the entity or business; 4 | |
| 841 | - | ||
| 842 | - | (iv) The amount and types of insurance carried by the entity or 5 | |
| 843 | - | business; and 6 | |
| 844 | - | ||
| 845 | - | (v) The mode of engaging, compensating, and dealing with the 7 | |
| 846 | - | employees and accountants, attorneys, or other advisors of the entity or business; 8 | |
| 847 | - | ||
| 848 | - | (3) Change the name or form of organization under which the entity or 9 | |
| 849 | - | business is operated and enter into an ownership agreement with other persons to take 10 | |
| 850 | - | over all or part of the operation of the entity or business; and 11 | |
| 851 | - | ||
| 852 | - | (4) Demand and receive money due or claimed by the principal or on the 12 | |
| 853 | - | principal’s behalf in the operation of the entity or business and control and disburse the 13 | |
| 854 | - | money in the operation of the entity or business 14 | |
| 855 | - | ||
| 856 | - | (___) Put additional capital into an entity or a business in which the principal 15 | |
| 857 | - | has an interest 16 | |
| 858 | - | ||
| 859 | - | (___) Join in a plan of reorganization, consolidation, conversion, 17 | |
| 860 | - | domestication, or merger of the entity or business 18 | |
| 861 | - | ||
| 862 | - | (___) Sell or liquidate all or part of an entity or business 19 | |
| 863 | - | ||
| 864 | - | (___) Establish the value of an entity or a business under a buyout agreement 20 | |
| 865 | - | to which the principal is a party 21 | |
| 866 | - | ||
| 867 | - | (___) Prepare, sign, file, and deliver reports, compilations of information, 22 | |
| 868 | - | returns, or other papers with respect to an entity or business and make related payments 23 | |
| 869 | - | ||
| 870 | - | (___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 24 | |
| 871 | - | perform other acts to protect the principal from illegal or unnecessary taxation, 25 | |
| 872 | - | assessments, fines, or penalties, with respect to an entity or a business, including attempts 26 | |
| 873 | - | to recover, as permitted by law, money paid before or after the execution of this power of 27 | |
| 874 | - | attorney 28 | |
| 875 | - | ||
| 876 | - | (___) All of the above 29 | |
| 877 | - | ||
| 878 | - | G. Insurance and Annuities – With respect to this subject, I authorize my agent 30 | |
| 879 | - | to: 31 | |
| 880 | - | ||
| 881 | - | (___) Continue, pay the premium or make a contribution on, modify, 32 HOUSE BILL 92 19 | |
| 882 | - | ||
| 883 | - | ||
| 884 | - | exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 1 | |
| 885 | - | that insures or provides an annuity to either the principal or another person, whether or 2 | |
| 886 | - | not the principal is a beneficiary under the contract 3 | |
| 887 | - | ||
| 888 | - | (___) Procure new, different, and additional contracts of insurance and 4 | |
| 889 | - | annuities for the principal and the principal’s spouse, children, and other dependents, and 5 | |
| 890 | - | select the amount, type of insurance or annuity, and mode of payment 6 | |
| 891 | - | ||
| 892 | - | (___) Pay the premium or make a contribution on, modify, exchange, rescind, 7 | |
| 893 | - | release, or terminate a contract of insurance or annuity procured by the agent 8 | |
| 894 | - | ||
| 895 | - | (___) Apply for and receive a loan secured by a contract of insurance or 9 | |
| 896 | - | annuity 10 | |
| 897 | - | ||
| 898 | - | (___) Surrender and receive the cash surrender value on a contract of 11 | |
| 899 | - | insurance or annuity 12 | |
| 900 | - | ||
| 901 | - | (___) Exercise an election 13 | |
| 902 | - | ||
| 903 | - | (___) Exercise investment powers available under a contract of insurance or 14 | |
| 904 | - | annuity 15 | |
| 905 | - | ||
| 906 | - | (___) Change the manner of paying premiums on a contract of insurance or 16 | |
| 907 | - | annuity 17 | |
| 908 | - | ||
| 909 | - | (___) Change or convert the type of insurance or annuity with respect to 18 | |
| 910 | - | which the principal has or claims to have authority described in this section 19 | |
| 911 | - | ||
| 912 | - | (___) Apply for and procure a benefit or assistance under a statute or 20 | |
| 913 | - | regulation to guarantee or pay premiums of a contract of insurance on the life of the 21 | |
| 914 | - | principal 22 | |
| 915 | - | ||
| 916 | - | (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 23 | |
| 917 | - | of the principal in a contract of insurance or annuity 24 | |
| 918 | - | ||
| 919 | - | (___) Select the form and timing of the payment of proceeds from a contract 25 | |
| 920 | - | of insurance or annuity 26 | |
| 921 | - | ||
| 922 | - | (___) Pay, from proceeds or otherwise, compromise or contest, and apply for 27 | |
| 923 | - | refunds in connection with a tax or assessment levied by a taxing authority with respect to 28 | |
| 924 | - | a contract of insurance or annuity or the proceeds or liability from the contract of insurance 29 | |
| 925 | - | or annuity accruing by reason of the tax or assessment 30 | |
| 926 | - | ||
| 927 | - | (___) All of the above 31 | |
| 928 | - | ||
| 929 | - | H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 32 | |
| 930 | - | estates, guardianships, conservatorships, escrows, or custodianships or funds from which 33 20 HOUSE BILL 92 | |
| 931 | - | ||
| 932 | - | ||
| 933 | - | the principal is, may become, or claims to be entitled to a share or payment) – With respect 1 | |
| 934 | - | to this subject, I authorize my agent to: 2 | |
| 935 | - | ||
| 936 | - | (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 3 | |
| 937 | - | or payment from the fund described above 4 | |
| 938 | - | ||
| 939 | - | (___) Demand or obtain money or another thing of value to which the 5 | |
| 940 | - | principal is, may become, or claims to be entitled by reason of the fund described above, by 6 | |
| 941 | - | litigation or otherwise 7 | |
| 942 | - | ||
| 943 | - | (___) Exercise for the benefit of the principal a presently exercisable general 8 | |
| 944 | - | power of appointment held by the principal 9 | |
| 945 | - | ||
| 946 | - | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 10 | |
| 947 | - | oppose, or propose or accept a compromise with respect to litigation to ascertain the 11 | |
| 948 | - | meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 12 | |
| 949 | - | transaction affecting the interest of the principal 13 | |
| 950 | - | ||
| 951 | - | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 14 | |
| 952 | - | oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 15 | |
| 953 | - | or surcharge a fiduciary 16 | |
| 954 | - | ||
| 955 | - | (___) Conserve, invest, disburse, or use anything received for an authorized 17 | |
| 956 | - | purpose 18 | |
| 957 | - | ||
| 958 | - | (___) Transfer an interest of the principal in real property, stocks and bonds, 19 | |
| 959 | - | accounts with financial institutions or securities intermediaries, insurance, annuities, and 20 | |
| 960 | - | other property to the trustee of a revocable trust created by the principal as settlor 21 | |
| 961 | - | ||
| 962 | - | (___) Reject, renounce, disclaim, release, or consent to a reduction in or 22 | |
| 963 | - | modification of a share in or payment from the fund described above 23 | |
| 964 | - | ||
| 965 | - | (___) Elect to take an elective share of an estate subject to election under § 24 | |
| 966 | - | 3–403 of the Estates and Trusts Article 25 | |
| 967 | - | ||
| 968 | - | (___) All of the above 26 | |
| 969 | - | ||
| 970 | - | I. Claims and Litigation – With respect to this subject, I authorize my agent to: 27 | |
| 971 | - | ||
| 972 | - | (___) Assert and maintain before a court or administrative agency a claim, 28 | |
| 973 | - | claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 29 | |
| 974 | - | action to recover property or other thing of value, recover damages sustained by the 30 | |
| 975 | - | principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 31 | |
| 976 | - | other relief 32 | |
| 977 | - | ||
| 978 | - | (___) Bring an action to determine adverse claims or intervene or otherwise 33 | |
| 979 | - | participate in litigation 34 HOUSE BILL 92 21 | |
| 1125 | + | (5) A pension, profit–sharing, stock bonus, or other retirement plan 33 | |
| 1126 | + | qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 34 24 HOUSE BILL 92 | |
| 980 | 1127 | ||
| 981 | 1128 | ||
| 982 | 1129 | ||
| 983 | - | (___) Seek an attachment, garnishment, order of arrest, or other preliminary, 1 | |
| 984 | - | provisional, or intermediate relief and use an available procedure to effect or satisfy a 2 | |
| 985 | - | judgment, order, or decree 3 | |
| 1130 | + | (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 1 | |
| 1131 | + | and 2 | |
| 986 | 1132 | ||
| 987 | - | ( | |
| 988 | - | ||
| 989 | - | ||
| 1133 | + | (7) A nonqualified deferred compensation plan under Internal Revenue 3 | |
| 1134 | + | Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 4 | |
| 1135 | + | to: 5 | |
| 990 | 1136 | ||
| 991 | - | (___) | |
| 992 | - | a | |
| 1137 | + | (___) Select the form and timing of payments under a retirement plan and 6 | |
| 1138 | + | withdraw benefits from a plan 7 | |
| 993 | 1139 | ||
| 994 | - | (___) Waive the issuance and service of process on the principal, accept 9 | |
| 995 | - | service of process, appear for the principal, designate persons on which process directed to 10 | |
| 996 | - | the principal may be served, execute and file or deliver stipulations on the principal’s 11 | |
| 997 | - | behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 12 | |
| 998 | - | bonds, contract and pay for the preparation and printing of records and briefs, receive, 13 | |
| 999 | - | execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 14 | |
| 1000 | - | of judgment, notice, agreement, or other instrument in connection with the prosecution, 15 | |
| 1001 | - | settlement, or defense of a claim or litigation 16 | |
| 1140 | + | (___) Make a rollover, including a direct trustee–to–trustee rollover, of 8 | |
| 1141 | + | benefits from one retirement plan to another 9 | |
| 1002 | 1142 | ||
| 1003 | - | (___) Act for the principal with respect to bankruptcy or insolvency, whether 17 | |
| 1004 | - | voluntary or involuntary, concerning the principal or some other person, or with respect to 18 | |
| 1005 | - | a reorganization, receivership, or application for the appointment of a receiver or trustee 19 | |
| 1006 | - | that affects an interest of the principal in property or other thing of value 20 | |
| 1143 | + | (___) Establish a retirement plan in the principal’s name 10 | |
| 1007 | 1144 | ||
| 1008 | - | (___) Pay a judgment, award, or order against the principal or a settlement 21 | |
| 1009 | - | made in connection with a claim or litigation 22 | |
| 1145 | + | (___) Make contributions to a retirement plan 11 | |
| 1010 | 1146 | ||
| 1011 | - | (___) Receive money or other thing of value paid in settlement of or as 23 | |
| 1012 | - | proceeds of a claim or litigation 24 | |
| 1147 | + | (___) Exercise investment powers available under a retirement plan 12 | |
| 1013 | 1148 | ||
| 1014 | - | (___) | |
| 1149 | + | (___) Borrow from, sell assets to, or purchase assets from a retirement plan 13 | |
| 1015 | 1150 | ||
| 1016 | - | J. Personal and Family Maintenance – With respect to this subject, I authorize 26 | |
| 1017 | - | my agent to: 27 | |
| 1151 | + | (___) All of the above 14 | |
| 1018 | 1152 | ||
| 1019 | - | (___) Perform the acts necessary to maintain the customary standard of 28 | |
| 1020 | - | living of the principal, the principal’s spouse, and the following individuals, whether living 29 | |
| 1021 | - | when this power of attorney is executed or later born: 30 | |
| 1153 | + | M. Taxes – With respect to this subject, I authorize my agent to: 15 | |
| 1022 | 1154 | ||
| 1023 | - | (1) The principal’s children; 31 | |
| 1155 | + | (___) Prepare, sign, and file federal, state, local, and foreign income, gift, 16 | |
| 1156 | + | payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 17 | |
| 1157 | + | refunds, requests for extension of time, petitions regarding tax matters, and other 18 | |
| 1158 | + | tax–related documents, including receipts, offers, waivers, consents, including consents 19 | |
| 1159 | + | and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 20 | |
| 1160 | + | agreements, and other powers of attorney required by the Internal Revenue Service or other 21 | |
| 1161 | + | taxing authority with respect to a tax year on which the statute of limitations has not run 22 | |
| 1162 | + | and the following 25 tax years 23 | |
| 1024 | 1163 | ||
| 1025 | - | (2) Other individuals legally entitled to be supported by the 32 | |
| 1026 | - | principal; and 33 | |
| 1164 | + | (___) Pay taxes due, collect refunds, post bonds, receive confidential 24 | |
| 1165 | + | information, and contest deficiencies determined by the Internal Revenue Service or other 25 | |
| 1166 | + | taxing authority 26 | |
| 1027 | 1167 | ||
| 1028 | - | (3) The individuals whom the principal has customarily supported 34 22 HOUSE BILL 92 | |
| 1168 | + | (___) Exercise elections available to the principal under federal, state, local, 27 | |
| 1169 | + | or foreign tax law 28 | |
| 1170 | + | ||
| 1171 | + | (___) Act for the principal in all tax matters for all periods before the Internal 29 | |
| 1172 | + | Revenue Service, or other taxing authority 30 | |
| 1173 | + | ||
| 1174 | + | (___) All of the above 31 | |
| 1175 | + | HOUSE BILL 92 25 | |
| 1029 | 1176 | ||
| 1030 | 1177 | ||
| 1031 | - | or indicated the intent to support; 1 | |
| 1178 | + | N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 1 | |
| 1179 | + | SUBJECT, I AUTHORIZE MY AGENT T O: 2 | |
| 1032 | 1180 | ||
| 1033 | - | (___) Make periodic payments of child support and other family maintenance 2 | |
| 1034 | - | required by a court or governmental agency or an agreement to which the principal is a 3 | |
| 1035 | - | party 4 | |
| 1181 | + | (___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 3 | |
| 1182 | + | FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under 4 | |
| 1183 | + | the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 5 | |
| 1184 | + | defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 6 | |
| 1185 | + | as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 7 | |
| 1186 | + | to this subject, I authorize my agent to: 8 | |
| 1036 | 1187 | ||
| 1037 | - | (___) Provide living quarters for the individuals described above by: 5 | |
| 1188 | + | (___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 9 | |
| 1189 | + | NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL 10 | |
| 1190 | + | SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 11 | |
| 1191 | + | presently exercisable general power of appointment held by the principal, in an amount for 12 | |
| 1192 | + | each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 13 | |
| 1193 | + | Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 14 | |
| 1194 | + | federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 15 | |
| 1195 | + | a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 16 | |
| 1196 | + | for each donee not to exceed twice the annual federal gift tax exclusion limit 17 | |
| 1038 | 1197 | ||
| 1039 | - | (1) Purchase, lease, or other contract; or 6 | |
| 1198 | + | (___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 18 | |
| 1199 | + | 2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 19 | |
| 1200 | + | not to exceed the aggregate annual gift tax exclusions for both spouses 20 | |
| 1040 | 1201 | ||
| 1041 | - | (2) Paying the operating costs, including interest, amortization 7 | |
| 1042 | - | payments, repairs, improvements, and taxes, for premises owned by the principal or 8 | |
| 1043 | - | occupied by those individuals 9 | |
| 1202 | + | (NOTE: An agent may only make a gift of the principal’s property as the agent 21 | |
| 1203 | + | determines is consistent with the principal’s objectives if actually known by the agent and, 22 | |
| 1204 | + | if unknown, as the agent determines is consistent with the principal’s best interest based 23 | |
| 1205 | + | on all relevant factors, including: 24 | |
| 1044 | 1206 | ||
| 1045 | - | (___) Provide normal domestic help, usual vacations and travel expenses, and 10 | |
| 1046 | - | funds for shelter, clothing, food, appropriate education, including postsecondary and 11 | |
| 1047 | - | vocational education, and other current living costs for the individuals described above 12 | |
| 1207 | + | (1) The value and nature of the principal’s property; 25 | |
| 1048 | 1208 | ||
| 1049 | - | (___) Pay expenses for necessary health care and custodial care on behalf of 13 | |
| 1050 | - | the individuals described above 14 | |
| 1209 | + | (2) The principal’s foreseeable obligations and need for maintenance; 26 | |
| 1051 | 1210 | ||
| 1052 | - | (___) Act as the principal’s personal representative in accordance with the 15 | |
| 1053 | - | Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 16 | |
| 1054 | - | Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 17 | |
| 1055 | - | the past, present, or future payment for the provision of health care consented to by the 18 | |
| 1056 | - | principal or anyone authorized under the law of this State to consent to health care on 19 | |
| 1057 | - | behalf of the principal 20 | |
| 1211 | + | (3) Minimization of taxes, including income, estate, inheritance, 27 | |
| 1212 | + | generation–skipping transfer, and gift taxes; 28 | |
| 1058 | 1213 | ||
| 1059 | - | (___) Continue provisions made by the principal for automobiles or other 21 | |
| 1060 | - | means of transportation, including registering, licensing, insuring, and replacing the 22 | |
| 1061 | - | means of transportation, for the individuals described above 23 | |
| 1214 | + | (4) Eligibility for a benefit, a program, or assistance under a statute or 29 | |
| 1215 | + | regulation; and 30 | |
| 1062 | 1216 | ||
| 1063 | - | (___) Maintain credit and debit accounts for the convenience of the 24 | |
| 1064 | - | individuals described above and open new accounts 25 | |
| 1065 | - | ||
| 1066 | - | (___) Continue payments incidental to the membership or affiliation of the 26 | |
| 1067 | - | principal in a religious institution, club, society, order, or other organization or to continue 27 | |
| 1068 | - | contributions to those organizations 28 | |
| 1069 | - | ||
| 1070 | - | (NOTE: Authority with respect to personal and family maintenance is neither 29 | |
| 1071 | - | dependent on, nor limited by, authority that an agent may or may not have with respect to 30 | |
| 1072 | - | gifts under this power of attorney.) 31 | |
| 1217 | + | (5) The principal’s personal history of making or joining in making gifts.) 31 | |
| 1073 | 1218 | ||
| 1074 | 1219 | (___) All of the above 32 | |
| 1075 | 1220 | ||
| 1076 | - | K. Benefits from Governmental Programs or Civil or Military Service (including 33 | |
| 1077 | - | any benefit, program, or assistance provided under a statute or regulation including Social 34 HOUSE BILL 92 23 | |
| 1221 | + | GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 33 | |
| 1222 | + | ||
| 1223 | + | [My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 34 26 HOUSE BILL 92 | |
| 1078 | 1224 | ||
| 1079 | 1225 | ||
| 1080 | - | ||
| 1226 | + | for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 1 | |
| 1081 | 1227 | ||
| 1082 | - | (___) Execute vouchers in the name of the principal for allowances and 2 | |
| 1083 | - | reimbursements payable by the United States or a foreign government or by a state or 3 | |
| 1084 | - | subdivision of a state to the principal, including allowances and reimbursements for 4 | |
| 1085 | - | transportation of the individuals described in “J. Personal and Family Maintenance” above, 5 | |
| 1086 | - | and for shipment of the household effects of those individuals 6 | |
| 1228 | + | (Caution: Granting any of the following will give your agent the authority to take actions 2 | |
| 1229 | + | that could significantly reduce your property or change how your property is distributed at 3 | |
| 1230 | + | your death. In addition, granting your agent the authority to make gifts to, or to designate 4 | |
| 1231 | + | as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 5 | |
| 1232 | + | the agent may constitute a taxable gift by you and may make the property subject to that 6 | |
| 1233 | + | authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 7 | |
| 1234 | + | WANT to give your agent.) 8 | |
| 1087 | 1235 | ||
| 1088 | - | (___) Take possession and order the removal and shipment of property of the 7 | |
| 1089 | - | principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 8 | |
| 1090 | - | either governmental or private, and execute and deliver a release, voucher, receipt, bill of 9 | |
| 1091 | - | lading, shipping ticket, certificate, or other instrument for that purpose 10 | |
| 1236 | + | (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 9 | |
| 1237 | + | POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR 10 | |
| 1238 | + | TRANSFER 11 | |
| 1092 | 1239 | ||
| 1093 | - | (___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 11 | |
| 1094 | - | QUALIFY FOR A BENEFIT OR PRO GRAM, INCLUDING OBTAINING PERSONAL AND 12 | |
| 1095 | - | FINANCIAL RECORDS AN D, TO THE EXTENT SPECIF ICALLY AUTHORIZED BE LOW, TO 13 | |
| 1096 | - | TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 14 | |
| 1240 | + | (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZE D IN SECTION N OF THIS 12 | |
| 1241 | + | POWER OF ATTORNEY IN FAVOR OF MY AGENT 13 | |
| 1097 | 1242 | ||
| 1098 | - | (___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 15 | |
| 1099 | - | principal’s behalf, a benefit or program 16 | |
| 1243 | + | (___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 14 | |
| 1244 | + | existing inter vivos trust if the trust expressly authorizes that action by the agent] 15 | |
| 1245 | + | INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 16 | |
| 1246 | + | THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 17 | |
| 1247 | + | OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 18 | |
| 1248 | + | INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 19 | |
| 1249 | + | PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 20 | |
| 1250 | + | DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 21 | |
| 1251 | + | TRUST, OR OTHER INSTRUMENT 22 | |
| 1100 | 1252 | ||
| 1101 | - | (___) Prepare, file, and maintain a claim of the principal for a benefit or 17 | |
| 1102 | - | assistance, financial or otherwise, to which the principal may be entitled under a statute 18 | |
| 1103 | - | or regulation 19 | |
| 1253 | + | (___) AMEND, REVOKE, OR TERMINATE AN EXIS TING INTER VIVOS TRU ST IF 23 | |
| 1254 | + | THE TRUST EXPRESSLY AUTH ORIZES THAT ACTION B Y THE AGENT 24 | |
| 1104 | 1255 | ||
| 1105 | - | (___) Initiate, participate in, submit to alternative dispute resolution, settle, 20 | |
| 1106 | - | oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 21 | |
| 1107 | - | assistance the principal may be entitled to receive under a statute or regulation 22 | |
| 1256 | + | (___) Make a gift, subject to any special instructions in this power of attorney, 25 | |
| 1257 | + | INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN 26 | |
| 1258 | + | MEETING THE ELIGIBIL ITY REQUIREMENTS AND QUALIFYING FOR A BENEFIT OR 27 | |
| 1259 | + | PROGRAM 28 | |
| 1108 | 1260 | ||
| 1109 | - | (___) Receive the financial proceeds of a claim described above and conserve, 23 | |
| 1110 | - | invest, disburse, or use for a lawful purpose anything so received 24 | |
| 1261 | + | (___) Create or change rights of survivorship 29 | |
| 1111 | 1262 | ||
| 1112 | - | (___) All of the above 25 | |
| 1263 | + | (___) Create or change a beneficiary designation, subject to any special instructions 30 | |
| 1264 | + | in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 31 | |
| 1265 | + | agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 32 | |
| 1266 | + | authority within the special instructions of this power of attorney or in a separate power of 33 | |
| 1267 | + | attorney 34 | |
| 1113 | 1268 | ||
| 1114 | - | L. Retirement Plans (including a plan or account created by an employer, the 26 | |
| 1115 | - | principal, or another individual to provide retirement benefits or deferred compensation of 27 | |
| 1116 | - | which the principal is a participant, beneficiary, or owner, including a plan or account 28 | |
| 1117 | - | under the following sections of the Internal Revenue Code: 29 | |
| 1118 | - | ||
| 1119 | - | (1) An individual retirement account under Internal Revenue Code Section 30 | |
| 1120 | - | 408, 26 U.S.C. § 408; 31 | |
| 1121 | - | ||
| 1122 | - | (2) A Roth individual retirement account under Internal Revenue Code 32 | |
| 1123 | - | Section 408A, 26 U.S.C. § 408A; 33 | |
| 1124 | - | ||
| 1125 | - | (3) A deemed individual retirement account under Internal Revenue Code 34 | |
| 1126 | - | Section 408(q), 26 U.S.C. § 408(q); 35 24 HOUSE BILL 92 | |
| 1269 | + | (___) Authorize another person to exercise the authority granted under this power 35 | |
| 1270 | + | of attorney 36 HOUSE BILL 92 27 | |
| 1127 | 1271 | ||
| 1128 | 1272 | ||
| 1129 | 1273 | ||
| 1130 | - | ( | |
| 1131 | - | ||
| 1274 | + | (___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, 1 | |
| 1275 | + | including a survivor benefit under a retirement plan 2 | |
| 1132 | 1276 | ||
| 1133 | - | (5) A pension, profit–sharing, stock bonus, or other retirement plan 3 | |
| 1134 | - | qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 4 | |
| 1277 | + | (___) Exercise fiduciary powers that the principal has authority to delegate 3 | |
| 1135 | 1278 | ||
| 1136 | - | (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 5 | |
| 1137 | - | and 6 | |
| 1279 | + | (___) Disclaim or refuse an interest in property, including a power of appointment 4 | |
| 1138 | 1280 | ||
| 1139 | - | (7) A nonqualified deferred compensation plan under Internal Revenue 7 | |
| 1140 | - | Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 8 | |
| 1141 | - | to: 9 | |
| 1281 | + | (___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 5 | |
| 1282 | + | access and take control of (1) the content of any of my electronic communications, (2) any 6 | |
| 1283 | + | catalogue of electronic communications sent or received by me, and (3) any other digital 7 | |
| 1284 | + | asset in which I have a right or interest 8 | |
| 1142 | 1285 | ||
| 1143 | - | (___) Select the form and timing of payments under a retirement plan and 10 | |
| 1144 | - | withdraw benefits from a plan 11 | |
| 1286 | + | (___) Demand the delivery of the principal’s will from the custodian of the will and, 9 | |
| 1287 | + | on delivery of the principal’s will, take custody of the will subject to the requirements of 10 | |
| 1288 | + | Title 4, Subtitle 2 of the Estates and Trusts Article 11 | |
| 1145 | 1289 | ||
| 1146 | - | (___) Make a rollover, including a direct trustee–to–trustee rollover, of 12 | |
| 1147 | - | benefits from one retirement plan to another 13 | |
| 1290 | + | LIMITATION ON AGENT’S AUTHORITY 12 | |
| 1148 | 1291 | ||
| 1149 | - | (___) Establish a retirement plan in the principal’s name 14 | |
| 1292 | + | An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 13 | |
| 1293 | + | benefit the agent or a person to whom the agent owes an obligation of support unless I have 14 | |
| 1294 | + | included that authority in the Special Instructions. 15 | |
| 1150 | 1295 | ||
| 1151 | - | ( | |
| 1296 | + | SPECIAL INSTRUCTIONS (OPTIONAL) 16 | |
| 1152 | 1297 | ||
| 1153 | - | ||
| 1298 | + | You may give special instructions on the following lines: 17 | |
| 1154 | 1299 | ||
| 1155 | - | (___) Borrow from, sell assets to, or purchase assets from a retirement plan 17 | |
| 1300 | + | ___________________________________________________________________________________ 18 | |
| 1301 | + | ___________________________________________________________________________________ 19 | |
| 1302 | + | ___________________________________________________________________________________ 20 | |
| 1303 | + | ___________________________________________________________________________________ 21 | |
| 1304 | + | ___________________________________________________________________________________ 22 | |
| 1305 | + | ___________________________________________________________________________________ 23 | |
| 1306 | + | ________________________________________________ 24 | |
| 1156 | 1307 | ||
| 1157 | - | ||
| 1308 | + | EFFECTIVE DATE 25 | |
| 1158 | 1309 | ||
| 1159 | - | M. Taxes – With respect to this subject, I authorize my agent to: 19 | |
| 1310 | + | This power of attorney is effective immediately unless I have stated otherwise in the Special 26 | |
| 1311 | + | Instructions. 27 | |
| 1160 | 1312 | ||
| 1161 | - | (___) Prepare, sign, and file federal, state, local, and foreign income, gift, 20 | |
| 1162 | - | payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 21 | |
| 1163 | - | refunds, requests for extension of time, petitions regarding tax matters, and other 22 | |
| 1164 | - | tax–related documents, including receipts, offers, waivers, consents, including consents 23 | |
| 1165 | - | and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 24 | |
| 1166 | - | agreements, and other powers of attorney required by the Internal Revenue Service or other 25 | |
| 1167 | - | taxing authority with respect to a tax year on which the statute of limitations has not run 26 | |
| 1168 | - | and the following 25 tax years 27 | |
| 1313 | + | TERMINATION DATE (OPTIONAL) 28 | |
| 1169 | 1314 | ||
| 1170 | - | (___) Pay taxes due, collect refunds, post bonds, receive confidential 28 | |
| 1171 | - | information, and contest deficiencies determined by the Internal Revenue Service or other 29 | |
| 1172 | - | taxing authority 30 | |
| 1315 | + | This power of attorney shall terminate on _______________________________, 20______. 29 | |
| 1316 | + | (Use a specific calendar date) 30 | |
| 1173 | 1317 | ||
| 1174 | - | (___) Exercise elections available to the principal under federal, state, local, 31 | |
| 1175 | - | or foreign tax law 32 HOUSE BILL 92 25 | |
| 1318 | + | NOMINATION OF GUARDIAN (OPTIONAL) 31 | |
| 1319 | + | 28 HOUSE BILL 92 | |
| 1320 | + | ||
| 1321 | + | ||
| 1322 | + | If it becomes necessary for a court to appoint a guardian of my property or guardian of my 1 | |
| 1323 | + | person, I nominate the following person(s) for appointment: 2 | |
| 1324 | + | ||
| 1325 | + | Name of Nominee for guardian of my property: 3 | |
| 1326 | + | _____________________________________________________________________________ 4 | |
| 1327 | + | Nominee’s Address: __________________________________________________________ 5 | |
| 1328 | + | Nominee’s Telephone Number: ________________________________________________ 6 | |
| 1329 | + | ||
| 1330 | + | Name of Nominee for guardian of my person: 7 | |
| 1331 | + | ______________________________________________________________________________ 8 | |
| 1332 | + | Nominee’s Address: ___________________________________________________________ 9 | |
| 1333 | + | Nominee’s Telephone Number: ________________________________________________ 10 | |
| 1334 | + | ||
| 1335 | + | SIGNATURE AND ACKNOWLEDGMENT 11 | |
| 1336 | + | ||
| 1337 | + | _____________________________________________ __________________________ 12 | |
| 1338 | + | Your Signature Date 13 | |
| 1339 | + | ||
| 1340 | + | ______________________________________________________________________________ 14 | |
| 1341 | + | Your Name Printed 15 | |
| 1342 | + | ||
| 1343 | + | ___________________________________________________________________________________ 16 | |
| 1344 | + | _________________________________________________________________________ 17 | |
| 1345 | + | Your Address 18 | |
| 1346 | + | ||
| 1347 | + | ______________________________________________________________________________ 19 | |
| 1348 | + | Your Telephone Number 20 | |
| 1349 | + | ||
| 1350 | + | STATE OF MARYLAND 21 | |
| 1351 | + | (COUNTY) OF _______________________________________________________________ 22 | |
| 1352 | + | ||
| 1353 | + | This document was acknowledged before me on 23 | |
| 1354 | + | ______________________________________________________________________________, 24 | |
| 1355 | + | (Date) 25 | |
| 1356 | + | ||
| 1357 | + | by ___________________________________________________________________________. 26 | |
| 1358 | + | (Name of Principal) 27 | |
| 1359 | + | ||
| 1360 | + | __________________________________________________________________ (Seal, if any) 28 | |
| 1361 | + | Signature of Notary 29 | |
| 1362 | + | My commission expires: _______________________________________________________ 30 | |
| 1363 | + | ||
| 1364 | + | WITNESS ATTESTATION 31 | |
| 1365 | + | ||
| 1366 | + | The foregoing power of attorney was, on the date written above, published and declared by 32 | |
| 1367 | + | ______________________________________________________________________________ 33 | |
| 1368 | + | (Name of Principal) 34 HOUSE BILL 92 29 | |
| 1176 | 1369 | ||
| 1177 | 1370 | ||
| 1178 | 1371 | ||
| 1179 | - | (___) Act for the principal in all tax matters for all periods before the Internal 1 | |
| 1180 | - | Revenue Service, or other taxing authority 2 | |
| 1372 | + | in our presence to be his/her power of attorney. We, in his/her presence and at his/her 1 | |
| 1373 | + | request, and in the presence of each other, have attested to the same and have signed our 2 | |
| 1374 | + | names as attesting witnesses. 3 | |
| 1181 | 1375 | ||
| 1182 | - | (___) All of the above 3 | |
| 1376 | + | ____________________________________________ 4 | |
| 1377 | + | Witness #1 Signature 5 | |
| 1183 | 1378 | ||
| 1184 | - | N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 4 | |
| 1185 | - | SUBJECT, I AUTHORIZE MY AGENT T O: 5 | |
| 1379 | + | ____________________________________________ 6 | |
| 1380 | + | Witness #1 Name Printed 7 | |
| 1381 | + | ____________________________________________ 8 | |
| 1382 | + | ____________________________________________ 9 | |
| 1383 | + | Witness #1 Address 10 | |
| 1384 | + | ____________________________________________ 11 | |
| 1385 | + | Witness #1 Telephone Number 12 | |
| 1186 | 1386 | ||
| 1187 | - | (___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 6 | |
| 1188 | - | FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under 7 | |
| 1189 | - | the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 8 | |
| 1190 | - | defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 9 | |
| 1191 | - | as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 10 | |
| 1192 | - | to this subject, I authorize my agent to: 11 | |
| 1387 | + | ____________________________________________ 13 | |
| 1388 | + | Witness #2 Signature 14 | |
| 1389 | + | ____________________________________________ 15 | |
| 1390 | + | Witness #2 Name Printed 16 | |
| 1391 | + | ____________________________________________ 17 | |
| 1392 | + | ____________________________________________ 18 | |
| 1393 | + | Witness #2 Address 19 | |
| 1394 | + | ____________________________________________ 20 | |
| 1395 | + | Witness #2 Telephone Number 21 | |
| 1193 | 1396 | ||
| 1194 | - | (___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 12 | |
| 1195 | - | NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL 13 | |
| 1196 | - | SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 14 | |
| 1197 | - | presently exercisable general power of appointment held by the principal, in an amount for 15 | |
| 1198 | - | each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 16 | |
| 1199 | - | Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 17 | |
| 1200 | - | federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 18 | |
| 1201 | - | a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 19 | |
| 1202 | - | for each donee not to exceed twice the annual federal gift tax exclusion limit 20 | |
| 1397 | + | This document prepared by: 22 | |
| 1203 | 1398 | ||
| 1204 | - | (___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 21 | |
| 1205 | - | 2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 22 | |
| 1206 | - | not to exceed the aggregate annual gift tax exclusions for both spouses 23 | |
| 1399 | + | ___________________________________________________________________________________ 23 | |
| 1400 | + | _________________________________________________________________________ 24 | |
| 1207 | 1401 | ||
| 1208 | - | (NOTE: An agent may only make a gift of the principal’s property as the agent 24 | |
| 1209 | - | determines is consistent with the principal’s objectives if actually known by the agent and, 25 | |
| 1210 | - | if unknown, as the agent determines is consistent with the principal’s best interest based 26 | |
| 1211 | - | on all relevant factors, including: 27 | |
| 1402 | + | IMPORTANT INFORMATION FOR AGENT 25 | |
| 1212 | 1403 | ||
| 1213 | - | ||
| 1404 | + | Agent’s Duties 26 | |
| 1214 | 1405 | ||
| 1215 | - | (2) The principal’s foreseeable obligations and need for maintenance; 29 | |
| 1406 | + | When you accept the authority granted under this power of attorney, a special legal 27 | |
| 1407 | + | relationship is created between you and the principal. This relationship imposes on you 28 | |
| 1408 | + | legal duties that continue until you resign or the power of attorney is terminated or revoked. 29 | |
| 1409 | + | You must: 30 | |
| 1216 | 1410 | ||
| 1217 | - | (3) Minimization of taxes, including income, estate, inheritance, 30 | |
| 1218 | - | generation–skipping transfer, and gift taxes; 31 | |
| 1411 | + | (1) Do what you know the principal reasonably expects you to do with the 31 | |
| 1412 | + | principal’s property or, if you do not know the principal’s expectations, act in the principal’s 32 | |
| 1413 | + | best interest; 33 | |
| 1219 | 1414 | ||
| 1220 | - | (4) Eligibility for a benefit, a program, or assistance under a statute or 32 | |
| 1221 | - | regulation; and 33 | |
| 1415 | + | (2) Act with care, competence, and diligence for the best interest of the principal; 34 | |
| 1222 | 1416 | ||
| 1223 | - | ( | |
| 1417 | + | (3) Do nothing beyond the authority granted in this power of attorney; and 35 30 HOUSE BILL 92 | |
| 1224 | 1418 | ||
| 1225 | 1419 | ||
| 1226 | 1420 | ||
| 1227 | - | (___) All of the above 1 | |
| 1421 | + | (4) Disclose your identity as an agent whenever you act for the principal by 1 | |
| 1422 | + | writing or printing the name of the principal and signing your own name as “agent” in the 2 | |
| 1423 | + | following manner: 3 | |
| 1228 | 1424 | ||
| 1229 | - | GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 2 | |
| 1425 | + | __________________________________ ______________________________________ 4 | |
| 1426 | + | (Principal’s Name) by (Your Signature) as Agent 5 | |
| 1230 | 1427 | ||
| 1231 | - | [My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 3 | |
| 1232 | - | for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 4 | |
| 1428 | + | Unless the Special Instructions in this power of attorney state otherwise, you must also: 6 | |
| 1233 | 1429 | ||
| 1234 | - | (Caution: Granting any of the following will give your agent the authority to take actions 5 | |
| 1235 | - | that could significantly reduce your property or change how your property is distributed at 6 | |
| 1236 | - | your death. In addition, granting your agent the authority to make gifts to, or to designate 7 | |
| 1237 | - | as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 8 | |
| 1238 | - | the agent may constitute a taxable gift by you and may make the property subject to that 9 | |
| 1239 | - | authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 10 | |
| 1240 | - | WANT to give your agent.) 11 | |
| 1430 | + | (1) Act loyally for the principal’s benefit; 7 | |
| 1241 | 1431 | ||
| 1242 | - | (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 12 | |
| 1243 | - | POWER OF ATTORNEY WITHOUT R ESTRICTION ON THE AM OUNT OF THE GIFT OR 13 | |
| 1244 | - | TRANSFER 14 | |
| 1432 | + | (2) Avoid conflicts that would impair your ability to act in the principal’s best 8 | |
| 1433 | + | interest; 9 | |
| 1245 | 1434 | ||
| 1246 | - | ( | |
| 1247 | - | ||
| 1435 | + | (3) Keep a record of all receipts, disbursements, and transactions made on behalf 10 | |
| 1436 | + | of the principal; 11 | |
| 1248 | 1437 | ||
| 1249 | - | (___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 17 | |
| 1250 | - | existing inter vivos trust if the trust expressly authorizes that action by the agent] 18 | |
| 1251 | - | INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 19 | |
| 1252 | - | THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 20 | |
| 1253 | - | OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 21 | |
| 1254 | - | INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 22 | |
| 1255 | - | PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 23 | |
| 1256 | - | DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 24 | |
| 1257 | - | TRUST, OR OTHER INSTRUMENT 25 | |
| 1438 | + | (4) Cooperate with any person that has authority to make health care decisions 12 | |
| 1439 | + | for the principal to do what you know the principal reasonably expects or, if you do not 13 | |
| 1440 | + | know the principal’s expectations, to act in the principal’s best interest; and 14 | |
| 1258 | 1441 | ||
| 1259 | - | ( | |
| 1260 | - | ||
| 1442 | + | (5) Attempt to preserve the principal’s estate plan if you know the plan and 15 | |
| 1443 | + | preserving the plan is consistent with the principal’s best interest. 16 | |
| 1261 | 1444 | ||
| 1262 | - | (___) Make a gift, subject to any special instructions in this power of attorney, 28 | |
| 1263 | - | INCLUDING A GIFT OF THE PRINCIPAL’S ASSETS TO ASSIST T HE PRINCIPAL IN 29 | |
| 1264 | - | MEETING THE ELIGIBIL ITY REQUIREMENTS AND QUALIFYING FOR A BEN EFIT OR 30 | |
| 1265 | - | PROGRAM 31 | |
| 1445 | + | Termination of Agent’s Authority 17 | |
| 1266 | 1446 | ||
| 1267 | - | (___) Create or change rights of survivorship 32 | |
| 1447 | + | You must stop acting on behalf of the principal if you learn of any event that terminates 18 | |
| 1448 | + | this power of attorney or your authority under this power of attorney. Events that 19 | |
| 1449 | + | terminate a power of attorney or your authority to act under a power of attorney include: 20 | |
| 1268 | 1450 | ||
| 1269 | - | (___) Create or change a beneficiary designation, subject to any special instructions 33 | |
| 1270 | - | in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 34 HOUSE BILL 92 27 | |
| 1451 | + | (1) Death of the principal; 21 | |
| 1452 | + | ||
| 1453 | + | (2) The principal’s revocation of the power of attorney or your authority; 22 | |
| 1454 | + | ||
| 1455 | + | (3) The occurrence of a termination event stated in the power of attorney; 23 | |
| 1456 | + | ||
| 1457 | + | (4) The purpose of the power of attorney is fully accomplished; or 24 | |
| 1458 | + | ||
| 1459 | + | (5) If you are married to the principal, a legal action is filed with a court to end 25 | |
| 1460 | + | your marriage, or for your legal separation, unless the Special Instructions in this power of 26 | |
| 1461 | + | attorney state that such an action will not terminate your authority. 27 | |
| 1462 | + | ||
| 1463 | + | Liability of Agent 28 | |
| 1464 | + | ||
| 1465 | + | The meaning of the authority granted to you is defined in the Maryland Power of Attorney 29 | |
| 1466 | + | Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 30 HOUSE BILL 92 31 | |
| 1271 | 1467 | ||
| 1272 | 1468 | ||
| 1273 | - | agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 1 | |
| 1274 | - | authority within the special instructions of this power of attorney or in a separate power of 2 | |
| 1275 | - | attorney 3 | |
| 1469 | + | Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 1 | |
| 1470 | + | granted, you may be liable for any damages caused by your violation. 2 | |
| 1276 | 1471 | ||
| 1277 | - | ||
| 1278 | - | ||
| 1472 | + | If there is anything about this document or your duties that you do not understand, you 3 | |
| 1473 | + | should seek legal advice.” 4 | |
| 1279 | 1474 | ||
| 1280 | - | | |
| 1281 | - | ||
| 1475 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
| 1476 | + | October 1, 2022. 6 | |
| 1282 | 1477 | ||
| 1283 | - | (___) Exercise fiduciary powers that the principal has authority to delegate 8 | |
| 1284 | - | ||
| 1285 | - | (___) Disclaim or refuse an interest in property, including a power of appointment 9 | |
| 1286 | - | ||
| 1287 | - | (___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 10 | |
| 1288 | - | access and take control of (1) the content of any of my electronic communications, (2) any 11 | |
| 1289 | - | catalogue of electronic communications sent or received by me, and (3) any other digital 12 | |
| 1290 | - | asset in which I have a right or interest 13 | |
| 1291 | - | ||
| 1292 | - | (___) Demand the delivery of the principal’s will from the custodian of the will and, 14 | |
| 1293 | - | on delivery of the principal’s will, take custody of the will subject to the requirements of 15 | |
| 1294 | - | Title 4, Subtitle 2 of the Estates and Trusts Article 16 | |
| 1295 | - | ||
| 1296 | - | LIMITATION ON AGENT’S AUTHORITY 17 | |
| 1297 | - | ||
| 1298 | - | An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 18 | |
| 1299 | - | benefit the agent or a person to whom the agent owes an obligation of support unless I have 19 | |
| 1300 | - | included that authority in the Special Instructions. 20 | |
| 1301 | - | ||
| 1302 | - | SPECIAL INSTRUCTIONS (OPTIONAL) 21 | |
| 1303 | - | ||
| 1304 | - | You may give special instructions on the following lines: 22 | |
| 1305 | - | ||
| 1306 | - | ___________________________________________________________________________________ 23 | |
| 1307 | - | ___________________________________________________________________________________ 24 | |
| 1308 | - | ___________________________________________________________________________________ 25 | |
| 1309 | - | ___________________________________________________________________________________ 26 | |
| 1310 | - | ___________________________________________________________________________________ 27 | |
| 1311 | - | ___________________________________________________________________________________ 28 | |
| 1312 | - | ________________________________________________ 29 | |
| 1313 | - | ||
| 1314 | - | EFFECTIVE DATE 30 | |
| 1315 | - | ||
| 1316 | - | This power of attorney is effective immediately unless I have stated otherwise in the Special 31 | |
| 1317 | - | Instructions. 32 | |
| 1318 | - | ||
| 1319 | - | TERMINATION DATE (OPTIONAL) 33 28 HOUSE BILL 92 | |
| 1320 | - | ||
| 1321 | - | ||
| 1322 | - | ||
| 1323 | - | This power of attorney shall terminate on _______________________________, 20______. 1 | |
| 1324 | - | (Use a specific calendar date) 2 | |
| 1325 | - | ||
| 1326 | - | NOMINATION OF GUARDIAN (OPTIONAL) 3 | |
| 1327 | - | ||
| 1328 | - | If it becomes necessary for a court to appoint a guardian of my property or guardian of my 4 | |
| 1329 | - | person, I nominate the following person(s) for appointment: 5 | |
| 1330 | - | ||
| 1331 | - | Name of Nominee for guardian of my property: 6 | |
| 1332 | - | _____________________________________________________________________________ 7 | |
| 1333 | - | Nominee’s Address: __________________________________________________________ 8 | |
| 1334 | - | Nominee’s Telephone Number: ________________________________________________ 9 | |
| 1335 | - | ||
| 1336 | - | Name of Nominee for guardian of my person: 10 | |
| 1337 | - | ______________________________________________________________________________ 11 | |
| 1338 | - | Nominee’s Address: ___________________________________________________________ 12 | |
| 1339 | - | Nominee’s Telephone Number: ________________________________________________ 13 | |
| 1340 | - | ||
| 1341 | - | SIGNATURE AND ACKNOWLEDGMENT 14 | |
| 1342 | - | ||
| 1343 | - | _____________________________________________ __________________________ 15 | |
| 1344 | - | Your Signature Date 16 | |
| 1345 | - | ||
| 1346 | - | ______________________________________________________________________________ 17 | |
| 1347 | - | Your Name Printed 18 | |
| 1348 | - | ||
| 1349 | - | ___________________________________________________________________________________ 19 | |
| 1350 | - | _________________________________________________________________________ 20 | |
| 1351 | - | Your Address 21 | |
| 1352 | - | ||
| 1353 | - | ______________________________________________________________________________ 22 | |
| 1354 | - | Your Telephone Number 23 | |
| 1355 | - | ||
| 1356 | - | STATE OF MARYLAND 24 | |
| 1357 | - | (COUNTY) OF _______________________________________________________________ 25 | |
| 1358 | - | ||
| 1359 | - | This document was acknowledged before me on 26 | |
| 1360 | - | ______________________________________________________________________________, 27 | |
| 1361 | - | (Date) 28 | |
| 1362 | - | ||
| 1363 | - | by ___________________________________________________________________________. 29 | |
| 1364 | - | (Name of Principal) 30 | |
| 1365 | - | ||
| 1366 | - | __________________________________________________________________ (Seal, if any) 31 | |
| 1367 | - | Signature of Notary 32 | |
| 1368 | - | My commission expires: _______________________________________________________ 33 HOUSE BILL 92 29 | |
| 1369 | - | ||
| 1370 | - | ||
| 1371 | - | ||
| 1372 | - | WITNESS ATTESTATION 1 | |
| 1373 | - | ||
| 1374 | - | The foregoing power of attorney was, on the date written above, published and declared by 2 | |
| 1375 | - | ______________________________________________________________________________ 3 | |
| 1376 | - | (Name of Principal) 4 | |
| 1377 | - | ||
| 1378 | - | in our presence to be his/her power of attorney. We, in his/her presence and at his/her 5 | |
| 1379 | - | request, and in the presence of each other, have attested to the same and have signed our 6 | |
| 1380 | - | names as attesting witnesses. 7 | |
| 1381 | - | ||
| 1382 | - | ____________________________________________ 8 | |
| 1383 | - | Witness #1 Signature 9 | |
| 1384 | - | ||
| 1385 | - | ____________________________________________ 10 | |
| 1386 | - | Witness #1 Name Printed 11 | |
| 1387 | - | ____________________________________________ 12 | |
| 1388 | - | ____________________________________________ 13 | |
| 1389 | - | Witness #1 Address 14 | |
| 1390 | - | ____________________________________________ 15 | |
| 1391 | - | Witness #1 Telephone Number 16 | |
| 1392 | - | ||
| 1393 | - | ____________________________________________ 17 | |
| 1394 | - | Witness #2 Signature 18 | |
| 1395 | - | ____________________________________________ 19 | |
| 1396 | - | Witness #2 Name Printed 20 | |
| 1397 | - | ____________________________________________ 21 | |
| 1398 | - | ____________________________________________ 22 | |
| 1399 | - | Witness #2 Address 23 | |
| 1400 | - | ____________________________________________ 24 | |
| 1401 | - | Witness #2 Telephone Number 25 | |
| 1402 | - | ||
| 1403 | - | This document prepared by: 26 | |
| 1404 | - | ||
| 1405 | - | ___________________________________________________________________________________ 27 | |
| 1406 | - | _________________________________________________________________________ 28 | |
| 1407 | - | ||
| 1408 | - | IMPORTANT INFORMATION FOR AGENT 29 | |
| 1409 | - | ||
| 1410 | - | Agent’s Duties 30 | |
| 1411 | - | ||
| 1412 | - | When you accept the authority granted under this power of attorney, a special legal 31 | |
| 1413 | - | relationship is created between you and the principal. This relationship imposes on you 32 | |
| 1414 | - | legal duties that continue until you resign or the power of attorney is terminated or revoked. 33 | |
| 1415 | - | You must: 34 | |
| 1416 | - | ||
| 1417 | - | (1) Do what you know the principal reasonably expects you to do with the 35 30 HOUSE BILL 92 | |
| 1418 | - | ||
| 1419 | - | ||
| 1420 | - | principal’s property or, if you do not know the principal’s expectations, act in the principal’s 1 | |
| 1421 | - | best interest; 2 | |
| 1422 | - | ||
| 1423 | - | (2) Act with care, competence, and diligence for the best interest of the principal; 3 | |
| 1424 | - | ||
| 1425 | - | (3) Do nothing beyond the authority granted in this power of attorney; and 4 | |
| 1426 | - | ||
| 1427 | - | (4) Disclose your identity as an agent whenever you act for the principal by 5 | |
| 1428 | - | writing or printing the name of the principal and signing your own name as “agent” in the 6 | |
| 1429 | - | following manner: 7 | |
| 1430 | - | ||
| 1431 | - | __________________________________ ______________________________________ 8 | |
| 1432 | - | (Principal’s Name) by (Your Signature) as Agent 9 | |
| 1433 | - | ||
| 1434 | - | Unless the Special Instructions in this power of attorney state otherwise, you must also: 10 | |
| 1435 | - | ||
| 1436 | - | (1) Act loyally for the principal’s benefit; 11 | |
| 1437 | - | ||
| 1438 | - | (2) Avoid conflicts that would impair your ability to act in the principal’s best 12 | |
| 1439 | - | interest; 13 | |
| 1440 | - | ||
| 1441 | - | (3) Keep a record of all receipts, disbursements, and transactions made on behalf 14 | |
| 1442 | - | of the principal; 15 | |
| 1443 | - | ||
| 1444 | - | (4) Cooperate with any person that has authority to make health care decisions 16 | |
| 1445 | - | for the principal to do what you know the principal reasonably expects or, if you do not 17 | |
| 1446 | - | know the principal’s expectations, to act in the principal’s best interest; and 18 | |
| 1447 | - | ||
| 1448 | - | (5) Attempt to preserve the principal’s estate plan if you know the plan and 19 | |
| 1449 | - | preserving the plan is consistent with the principal’s best interest. 20 | |
| 1450 | - | ||
| 1451 | - | Termination of Agent’s Authority 21 | |
| 1452 | - | ||
| 1453 | - | You must stop acting on behalf of the principal if you learn of any event that terminates 22 | |
| 1454 | - | this power of attorney or your authority under this power of attorney. Events that 23 | |
| 1455 | - | terminate a power of attorney or your authority to act under a power of attorney include: 24 | |
| 1456 | - | ||
| 1457 | - | (1) Death of the principal; 25 | |
| 1458 | - | ||
| 1459 | - | (2) The principal’s revocation of the power of attorney or your authority; 26 | |
| 1460 | - | ||
| 1461 | - | (3) The occurrence of a termination event stated in the power of attorney; 27 | |
| 1462 | - | ||
| 1463 | - | (4) The purpose of the power of attorney is fully accomplished; or 28 | |
| 1464 | - | ||
| 1465 | - | (5) If you are married to the principal, a legal action is filed with a court to end 29 | |
| 1466 | - | your marriage, or for your legal separation, unless the Special Instructions in this power of 30 HOUSE BILL 92 31 | |
| 1467 | - | ||
| 1468 | - | ||
| 1469 | - | attorney state that such an action will not terminate your authority. 1 | |
| 1470 | - | ||
| 1471 | - | Liability of Agent 2 | |
| 1472 | - | ||
| 1473 | - | The meaning of the authority granted to you is defined in the Maryland Power of Attorney 3 | |
| 1474 | - | Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 4 | |
| 1475 | - | Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 5 | |
| 1476 | - | granted, you may be liable for any damages caused by your violation. 6 | |
| 1477 | - | ||
| 1478 | - | If there is anything about this document or your duties that you do not understand, you 7 | |
| 1479 | - | should seek legal advice.” 8 | |
| 1480 | - | ||
| 1481 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 | |
| 1482 | - | October 1, 2022. 10 | |
| 1483 | - | ||
| 1484 | - | ||
| 1485 | - | ||
| 1486 | - | ||
| 1487 | - | Approved: | |
| 1488 | - | ________________________________________________________________________________ | |
| 1489 | - | Governor. | |
| 1490 | - | ________________________________________________________________________________ | |
| 1491 | - | Speaker of the House of Delegates. | |
| 1492 | - | ________________________________________________________________________________ | |
| 1493 | - | President of the Senate. |