EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0018*
HOUSE BILL 18
N2 3lr0639
HB 92/22 – JUD (PRE–FILED) CF 3lr1499
By: Delegate Hill
Requested: October 27, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Maryland General and Limited Power of Attorney Act – Assistance With 2
Governmental Benefits and Programs 3
FOR the purpose of altering certain statutory forms for a power of attorney to include 4
certain provisions relating to the authority of an agent to perform certain acts 5
relating to eligibility and qualifications for certain governmental benefits or 6
programs; altering a certain provision in a certain statutory form for a limited power 7
of attorney relating to the authority of an agent to make a gift of part or all of a 8
principal’s property or to take certain actions with respect to certain trusts under 9
certain circumstances; and generally relating to powers of attorney. 10
BY repealing and reenacting, with amendments, 11
Article – Estates and Trusts 12
Section 17–202 and 17–203 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2022 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Estates and Trusts 18
17–202. 19
“MARYLAND STATUTORY FORM 20
PERSONAL FINANCIAL POWER OF ATTORNEY 21
IMPORTANT INFORMATION AND WARNING 22
2 HOUSE BILL 18
You should be very careful in deciding whether or not to sign this document. The powers 1
granted by you (the principal) in this document are broad and sweeping. This power of 2
attorney authorizes another person (your agent) to make decisions concerning your 3
property for you (the principal). Your agent will be able to make decisions and act with 4
respect to your property (including your money) whether or not you are able to act for 5
yourself. 6
You should select someone you trust to serve as your agent. Unless you specify otherwise, 7
generally the agent’s authority will continue until you die or revoke the power of attorney 8
or the agent resigns or is unable to act for you. 9
You need not grant all of the powers listed below. If you choose to grant less than all of the 10
listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 11
and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 12
intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 13
Agent to exercise. 14
This power of attorney becomes effective immediately unless you state otherwise in the 15
Special Instructions. 16
You should obtain competent legal advice before you sign this power of attorney if you have 17
any questions about the document or the authority you are granting to your agent. 18
DESIGNATION OF AGENT 19
This section of the form provides for designation of one agent. 20
If you wish to name coagents, skip this section and use the next section (“Designation of 21
Coagents”). 22
I, ___________________________________________________________________________, 23
(Name of Principal) 24
Name the following person as my agent: 25
Name of Agent: _______________________________________________________________ 26
Agent’s Address: ______________________________________________________________ 27
Agent’s Telephone Number: ___________________________________________________ 28
DESIGNATION OF COAGENTS (OPTIONAL) 29
This section of the form provides for designation of two or more coagents. Coagents are 30
required to act together unanimously unless you otherwise provide in this form. 31
HOUSE BILL 18 3
I, ___________________________________________________________________________, 1
(Name of Principal) 2
Name the following persons as coagents: 3
Name of Coagent: ____________________________________________________________ 4
Coagent’s Address: ___________________________________________________________ 5
Coagent’s Telephone Number: _________________________________________________ 6
Name of Coagent: ____________________________________________________________ 7
Coagent’s Address: ___________________________________________________________ 8
Coagent’s Telephone Number: _________________________________________________ 9
Special Instructions Regarding Coagents: _______________________________________ 10
___________________________________________________________________________________ 11
___________________________________________________________________________________ 12
____________________________________________________________________ 13
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 14
If my agent is unable or unwilling to act for me, I name as my successor agent: 15
Name of Successor Agent: _____________________________________________________ 16
Successor Agent’s 17
Address: _____________________________________________________________________ 18
Successor Agent’s 19
Telephone Number: ___________________________________________________________ 20
If my successor agent is unable or unwilling to act for me, I name as my second successor 21
agent: 22
Name of Second 23
Successor Agent: _____________________________________________________________ 24
Second Successor 25
Agent’s Address: ______________________________________________________________ 26
Second Successor Agent’s 27
Telephone Number: ___________________________________________________________ 28
4 HOUSE BILL 18
GRANT OF GENERAL AUTHORITY 1
I (“the principal”) grant my agent and any successor agent, with respect to each subject 2
listed below, the authority to do all acts that I could do to: 3
(1) Contract with another person, on terms agreeable to the agent, to 4
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 5
restate, release, or modify the contract or another contract made by or on behalf of the 6
principal; 7
(2) Execute, acknowledge, seal, deliver, file, or record any instrument or 8
communication the agent considers desirable to accomplish a purpose of a transaction; 9
(3) Seek on the principal’s behalf the assistance of a court or other 10
governmental agency to carry out an act authorized in this power of attorney; 11
(4) Initiate, participate in, submit to alternative dispute resolution, settle, 12
oppose, or propose or accept a compromise with respect to a claim existing in favor of or 13
against the principal or intervene in litigation relating to the claim; 14
(5) Engage, compensate, and discharge an attorney, accountant, 15
discretionary investment manager, expert witness, or other advisor; 16
(6) Prepare, execute, and file a record, report, or other document to 17
safeguard or promote the principal’s interest under a statute or regulation and 18
communicate with representatives or employees of a government or governmental 19
subdivision, agency, or instrumentality, on behalf of the principal; and 20
(7) Do lawful acts with respect to the subject and all property related to the 21
subject. 22
SUBJECTS AND AUTHORITY 23
My agent’s authority shall include the authority to act as stated below with regard to each 24
of the following subjects: 25
Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 26
convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 27
acquire or reject an interest in real property or a right incident to real property; pledge or 28
mortgage an interest in real property or right incident to real property as security to borrow 29
money or pay, renew, or extend the time of payment of a debt of the principal or a debt 30
guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 31
enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 32
encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 33
conserve an interest in real property or a right incident to real property owned or claimed 34
to be owned by the principal, including: (1) insuring against liability or casualty or other 35
loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 36 HOUSE BILL 18 5
or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 1
applying for and receiving refunds in connection with them; and (4) purchasing supplies, 2
hiring assistance or labor, and making repairs or alterations to the real property. 3
Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and 4
exchange stocks and bonds; establish, continue, modify, or terminate an account with 5
respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or 6
extend the time of payment of a debt of the principal; receive certificates and other 7
evidences of ownership with respect to stocks and bonds; exercise voting rights with respect 8
to stocks and bonds in person or by proxy, enter into voting trusts, and consent to 9
limitations on the right to vote. 10
Banks and other financial institutions – With respect to this subject, I authorize my agent 11
to: continue, modify, transact all business in connection with, and terminate an account or 12
other banking arrangement made by or on behalf of the principal; establish, modify, 13
transact all business in connection with, and terminate an account or other banking 14
arrangement with a bank, trust company, savings and loan association, credit union, thrift 15
company, brokerage firm, or other financial institution selected by the agent; contract for 16
services available from a financial institution, including renting a safe deposit box or space 17
in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or 18
leave in the custody of, a financial institution money or property of the principal; withdraw, 19
by check, money order, electronic funds transfer, or otherwise, money or property of the 20
principal deposited with or left in the custody of a financial institution; receive statements 21
of account, vouchers, notices, and similar documents from a financial institution and act 22
with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; 23
borrow money and pledge as security personal property of the principal necessary to borrow 24
money or pay, renew, or extend the time of payment of a debt of the principal or a debt 25
guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and 26
negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of 27
the principal or payable to the principal or the principal’s order, transfer money, receive 28
the cash or other proceeds of those transactions; and apply for, receive, and use credit cards 29
and debit cards, electronic transaction authorizations, and traveler’s checks from a 30
financial institution. 31
Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 32
pay the premium or make a contribution on, modify, exchange, rescind, release, or 33
terminate a contract procured by or on behalf of the principal that insures or provides an 34
annuity to either the principal or another person, whether or not the principal is a 35
beneficiary under the contract; procure new, different, and additional contracts of 36
insurance and annuities for the principal and select the amount, type of insurance or 37
annuity, and mode of payment; pay the premium or make a contribution on, modify, 38
exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 39
agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 40
and receive the cash surrender value on a contract of insurance or annuity; exercise an 41
election; exercise investment powers available under a contract of insurance or annuity; 42
change the manner of paying premiums on a contract of insurance or annuity; change or 43
convert the type of insurance or annuity with respect to which the principal has or claims 44 6 HOUSE BILL 18
to have authority described in this section; apply for and procure a benefit or assistance 1
under a statute or regulation to guarantee or pay premiums of a contract of insurance on 2
the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 3
interest of the principal in a contract of insurance or annuity; select the form and timing of 4
the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 5
otherwise, compromise or contest, and apply for refunds in connection with a tax or 6
assessment levied by a taxing authority with respect to a contract of insurance or annuity 7
or the proceeds or liability from the contract of insurance or annuity accruing by reason of 8
the tax or assessment. 9
Claims and litigation – With respect to this subject, I authorize my agent to: assert and 10
maintain before a court or administrative agency a claim, claim for relief, cause of action, 11
counterclaim, offset, recoupment, or defense, including an action to recover property or 12
other thing of value, recover damages sustained by the principal, eliminate or modify tax 13
liability, or seek an injunction, specific performance, or other relief; act for the principal 14
with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the 15
principal or some other person, or with respect to a reorganization, receivership, or 16
application for the appointment of a receiver or trustee that affects an interest of the 17
principal in property or other thing of value; pay a judgment, award, or order against the 18
principal or a settlement made in connection with a claim or litigation; and receive money 19
or other thing of value paid in settlement of or as proceeds of a claim or litigation. 20
Benefits from governmental programs or civil or military service (including any benefit, 21
program, or assistance provided under a statute or regulation including Social Security, 22
Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute 23
vouchers in the name of the principal for allowances and reimbursements payable by the 24
United States or a foreign government or by a state or subdivision of a state to the principal; 25
PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A 26
BENEFIT OR PROGRAM , INCLUDING OBTAINING PERSONAL AND FINANCI AL 27
RECORDS AND , TO THE EXTENT AUTHOR IZED IN THE SPECIAL INSTRUCTIONS 28
BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll in, apply for, 29
select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program; 30
prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or 31
otherwise, to which the principal may be entitled under a statute or regulation; initiate, 32
participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept 33
a compromise with respect to litigation concerning a benefit or assistance the principal may 34
be entitled to receive under a statute or regulation; and receive the financial proceeds of a 35
claim described above and conserve, invest, disburse, or use for a lawful purpose anything 36
so received. 37
Retirement plans (including a plan or account created by an employer, the principal, or 38
another individual to provide retirement benefits or deferred compensation of which the 39
principal is a participant, beneficiary, or owner, including a plan or account under the 40
following sections of the Internal Revenue Code: (1) an individual retirement account under 41
Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 42
account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 43
individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 44 HOUSE BILL 18 7
408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 1
Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 2
retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 3
(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 4
nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 5
U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 6
timing of payments under a retirement plan and withdraw benefits from a plan; make a 7
rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 8
to another; establish a retirement plan in the principal’s name; make contributions to a 9
retirement plan; exercise investment powers available under a retirement plan; borrow 10
from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 11
my agent the authority to create or change a beneficiary designation for a retirement plan 12
may affect the benefits that I may receive if that authority is exercised. If I grant my agent 13
the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 14
beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 15
make the property subject to that authority taxable as a part of the agent’s estate. 16
Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 17
any retirement plan, and in particular if I wish to authorize the agent to designate as my 18
beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 19
this authority in the Special Instructions section that follows or in a separate power of 20
attorney. 21
Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, 22
state, local, and foreign income, gift, payroll, property, federal insurance contributions act, 23
and other tax returns, claims for refunds, requests for extension of time, petitions regarding 24
tax matters, and other tax–related documents, including receipts, offers, waivers, consents, 25
including consents and agreements under Internal Revenue Code Section [2032(A)] 26
2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney 27
required by the Internal Revenue Service or other taxing authority with respect to a tax 28
year on which the statute of limitations has not run and the following 25 tax years; pay 29
taxes due, collect refunds, post bonds, receive confidential information, and contest 30
deficiencies determined by the Internal Revenue Service or other taxing authority; exercise 31
elections available to the principal under federal, state, local, or foreign tax law; and act for 32
the principal in all tax matters for all periods before the Internal Revenue Service, or other 33
taxing authority. 34
Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 35
Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 36
the content of any of my electronic communications; (2) any catalogue of electronic 37
communications sent or received by me; and (3) any other digital asset in which I have a 38
right or interest. 39
SPECIAL INSTRUCTIONS (OPTIONAL) 40
YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINE S: 41
___________________________________________________________________________________ 42 8 HOUSE BILL 18
___________________________________________________________________________________ 1
___________________________________________________________________________________ 2
___________________________________________________________________________________ 3
___________________________________________________________________________________ 4
___________________________________________________________________________________ 5
___________________________________________________________________________________ 6
___________________________________________ 7
EFFECTIVE DATE 8
This power of attorney is effective immediately unless I have stated otherwise in the Special 9
Instructions. 10
TERMINATION DATE (OPTIONAL) 11
This power of attorney shall terminate on ______________________________, 20____. 12
(Use a specific calendar date) 13
NOMINATION OF GUARDIAN (OPTIONAL) 14
If it becomes necessary for a court to appoint a guardian of my property or guardian of my 15
person, I nominate the following person(s) for appointment: 16
Name of nominee for guardian of my property: __________________________________ 17
Nominee’s address: ___________________________________________________________ 18
Nominee’s telephone number: _________________________________________________ 19
Name of nominee for guardian of my person: ____________________________________ 20
Nominee’s address: ___________________________________________________________ 21
Nominee’s telephone number: _________________________________________________ 22
DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 23
(OPTIONAL) 24
If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I 25
designate the following person as my agent for purposes of making the election to take an 26
elective share of an estate subject to election under § 3–403 of the Estates and Trusts 27
Article: 28
Name of designated agent: _____________________________________________________ 29
Designated agent’s address: ____________________________________________________ 30
Designated agent’s telephone number: __________________________________________ 31
SIGNATURE AND ACKNOWLEDGMENT 32
________________________________________ __________________________ 33
Your Signature Date 34
HOUSE BILL 18 9
______________________________________________________________________________ 1
Your Name Printed 2
___________________________________________________________________________________ 3
___________________________________________________________________________________ 4
Your Address 5
______________________________________________________________________________ 6
Your Telephone Number 7
STATE OF MARYLAND 8
(COUNTY) OF _______________________________________________________________ 9
This document was acknowledged before me on 10
__________________________ 11
(Date) 12
By ______________________________________ to be his/her act. 13
(Name of Principal) 14
____________________________________________ (SEAL, IF ANY) 15
Signature of Notary 16
My commission expires: _____________________ 17
WITNESS ATTESTATION 18
The foregoing power of attorney was, on the date written above, published and declared by 19
____________________________________________ 20
(Name of Principal) 21
in our presence to be his/her power of attorney. We, in his/her presence and at his/her 22
request, and in the presence of each other, have attested to the same and have signed our 23
names as attesting witnesses. 24
____________________________________________ 25
Witness #1 Signature 26
____________________________________________ 27
Witness #1 Name Printed 28
____________________________________________ 29
____________________________________________ 30
Witness #1 Address 31
____________________________________________ 32
Witness #1 Telephone Number 33
10 HOUSE BILL 18
____________________________________________ 1
Witness #2 Signature 2
____________________________________________ 3
Witness #2 Name Printed 4
____________________________________________ 5
____________________________________________ 6
Witness #2 Address 7
____________________________________________ 8
Witness #2 Telephone Number” 9
17–203. 10
“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 11
PLEASE READ CAREFULLY 12
This power of attorney authorizes another person (your agent) to make decisions concerning 13
your property for you (the principal). You need not give to your agent all the authorities 14
listed below and may give the agent only those limited powers that you specifically indicate. 15
This power of attorney gives your agent the right to make limited decisions for you. You 16
should very carefully weigh your decision as to what powers you give your agent. Your 17
agent will be able to make decisions and act with respect to your property (including your 18
money) whether or not you are able to act for yourself. 19
If you choose to make a grant of limited authority, you should check the boxes that identify 20
the specific authorization you choose to give your agent. 21
This power of attorney does not authorize the agent to make health care decisions for you. 22
You should select someone you trust to serve as your agent. Unless you specify otherwise, 23
generally the agent’s authority will continue until you die or revoke the power of attorney 24
or the agent resigns or is unable to act for you. 25
Your agent is not entitled to compensation unless you indicate otherwise in the special 26
instructions of this power of attorney. If you indicate that your agent is to receive 27
compensation, your agent is entitled to reasonable compensation or compensation as 28
specified in the Special Instructions. 29
This form provides for designation of one agent. If you wish to name more than one agent 30
you may name a coagent in the Special Instructions. Coagents are required to act together 31
unanimously unless you specify otherwise in the Special Instructions. 32
If your agent is unavailable or unwilling to act for you, your power of attorney will end 33
unless you have named a successor agent. You may also name a second successor agent. 34
This power of attorney becomes effective immediately unless you state otherwise in the 35
Special Instructions. 36 HOUSE BILL 18 11
If you have questions about the power of attorney or the authority you are granting to your 1
agent, you should seek legal advice before signing this form. 2
DESIGNATION OF AGENT 3
This section of the form provides for designation of one agent. 4
If you wish to name coagents, skip this section and use the next section (“Designation of 5
Coagents”). 6
I, ___________________________________________________, name the following person 7
(Name of Principal) 8
as my agent: 9
Name of 10
Agent: _______________________________________________________________________ 11
Agent’s 12
Address: _____________________________________________________________________ 13
Agent’s Telephone 14
Number: _____________________________________________________________________ 15
DESIGNATION OF COAGENTS (OPTIONAL) 16
This section of the form provides for designation of two or more coagents. Coagents are 17
required to act together unanimously unless you otherwise provide in this form. 18
I, ___________________________________________________________________________, 19
(Name of Principal) 20
Name the following persons as coagents: 21
Name of Coagent: ____________________________________________________________ 22
Coagent’s Address: ___________________________________________________________ 23
Coagent’s Telephone Number: _________________________________________________ 24
Name of Coagent: ____________________________________________________________ 25
Coagent’s Address: ___________________________________________________________ 26
Coagent’s Telephone Number: _________________________________________________ 27
Special Instructions Regarding Coagents: ____________________________________________ 28
___________________________________________________________________________________ 29 12 HOUSE BILL 18
___________________________________________________________________________________ 1
___________________________________________________________________________________ 2
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 3
If my agent is unable or unwilling to act for me, I name as my successor agent: 4
Name of Successor Agent: _____________________________________________________ 5
Successor Agent’s 6
Address: _____________________________________________________________________ 7
Successor Agent’s Telephone Number: __________________________________________ 8
If my successor agent is unable or unwilling to act for me, I name as my second successor 9
agent: 10
Name of Second Successor 11
Agent: _______________________________________________________________________ 12
Second Successor Agent’s 13
Address: _____________________________________________________________________ 14
Second Successor Agent’s Telephone Number: ___________________________________ 15
GRANT OF GENERAL AUTHORITY 16
I (“the principal”) grant my agent and any successor agent, with respect to each subject 17
that I choose below, the authority to do all acts that I could do to: 18
(1) Demand, receive, and obtain by litigation or otherwise, money or 19
another thing of value to which the principal is, may become, or claims to be entitled, and 20
conserve, invest, disburse, or use anything so received or obtained for the purposes 21
intended; 22
(2) Contract with another person, on terms agreeable to the agent, to 23
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 24
restate, release, or modify the contract or another contract made by or on behalf of the 25
principal; 26
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or 27
communication the agent considers desirable to accomplish a purpose of a transaction, 28
including creating a schedule contemporaneously or at a later time listing some or all of the 29
principal’s property and attaching the schedule to this power of attorney; 30
(4) Initiate, participate in, submit to alternative dispute resolution, settle, 31
oppose, or propose or accept a compromise with respect to a claim existing in favor of or 32
against the principal or intervene in litigation relating to the claim; 33
(5) Seek on the principal’s behalf the assistance of a court or other 34
governmental agency to carry out an act authorized in this power of attorney; 35 HOUSE BILL 18 13
(6) Engage, compensate, and discharge an attorney, accountant, 1
discretionary investment manager, expert witness, or other advisor; 2
(7) Prepare, execute, and file a record, report, or other document to 3
safeguard or promote the principal’s interest under a statute or regulation; 4
(8) Communicate with representatives or employees of a government or 5
governmental subdivision, agency, or instrumentality, on behalf of the principal; 6
(9) Access communications intended for, and communicate on behalf of the 7
principal, whether by mail, electronic transmission, telephone, or other means; and 8
(10) Do lawful acts with respect to the subject and all property related to the 9
subject. 10
(INITIAL each authority in any subject you want to include in the agent’s general 11
authority. Cross through each authority in any subject that you want to exclude. If you 12
wish to grant general authority over an entire subject, you may initial “All of the above” 13
instead of initialing each authority.) 14
SUBJECTS AND AUTHORITY 15
A. Real Property – With respect to this category, I authorize my agent to: 16
(___) Demand, buy, lease, receive, accept as a gift or as security for an 17
extension of credit, or otherwise acquire or reject an interest in real property or a right 18
incident to real property 19
(___) Sell, exchange, convey with or without covenants, representations, or 20
warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 21
consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 22
other governmental permits, plat or consent to platting, develop, grant an option 23
concerning, lease, sublease, contribute to an entity in exchange for an interest in that 24
entity, or otherwise grant or dispose of an interest in real property or a right incident to 25
real property 26
(___) Pledge or mortgage an interest in real property or right incident to real 27
property as security to borrow money or pay, renew, or extend the time of payment of a 28
debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 29
(___) Release, assign, satisfy, or enforce by litigation or otherwise a 30
mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 31
property that exists or is asserted 32
(___) Manage or conserve an interest in real property or a right incident to 33
real property owned or claimed to be owned by the principal, including: 34 14 HOUSE BILL 18
(1) Insuring against liability or casualty or other loss; 1
(2) Obtaining or regaining possession of or protecting the interest or 2
right by litigation or otherwise; 3
(3) Paying, assessing, compromising, or contesting taxes or 4
assessments or applying for and receiving refunds in connection with them; and 5
(4) Purchasing supplies, hiring assistance or labor, and making 6
repairs or alterations to the real property 7
(___) Use, develop, alter, replace, remove, erect, or install structures or other 8
improvements on real property in or incident to which the principal has, or claims to have, 9
an interest or right 10
(___) Participate in a reorganization with respect to real property or an entity 11
that owns an interest in or a right incident to real property and receive, hold, and act with 12
respect to stocks and bonds or other property received in a plan of reorganization, including: 13
(1) Selling or otherwise disposing of the stocks and bonds or other 14
property; 15
(2) Exercising or selling an option, a right of conversion, or a similar 16
right with respect to the stocks and bonds or other property; and 17
(3) Exercising voting rights in person or by proxy 18
(___) Change the form of title of an interest in or a right incident to real 19
property 20
(___) Dedicate to public use, with or without consideration, easements or 21
other real property in which the principal has, or claims to have, an interest 22
(___) All of the above 23
B. Tangible Personal Property – With respect to this subject, I authorize my 24
agent to: 25
(___) Demand, buy, receive, accept as a gift or as security for an extension of 26
credit, or otherwise acquire or reject ownership or possession of tangible personal property 27
or an interest in tangible personal property 28
(___) Sell, exchange, convey with or without covenants, representations, or 29
warranties, quitclaim, release, surrender, create a security interest in, grant options 30
concerning, lease, sublease, or otherwise dispose of tangible personal property or an 31
interest in tangible personal property 32 HOUSE BILL 18 15
(___) Grant a security interest in tangible personal property or an interest in 1
tangible personal property as security to borrow money or pay, renew, or extend the time 2
of payment of a debt of the principal or a debt guaranteed by the principal 3
(___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 4
interest, lien, or other claim on behalf of the principal, with respect to tangible personal 5
property or an interest in tangible personal property 6
(___) Manage or conserve tangible personal property or an interest in 7
tangible personal property on behalf of the principal, including: 8
(1) Insuring against liability or casualty or other loss; 9
(2) Obtaining or regaining possession of or protecting the property 10
or interest, by litigation or otherwise; 11
(3) Paying, assessing, compromising, or contesting taxes or 12
assessments or applying for and receiving refunds in connection with taxes or assessments; 13
(4) Moving the property from place to place; 14
(5) Storing the property for hire or on a gratuitous bailment; and 15
(6) Using and making repairs, alterations, or improvements to the 16
property 17
(___) Change the form of title of an interest in tangible personal property 18
(___) All of the above 19
C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 20
(___) Buy, sell, and exchange stocks and bonds 21
(___) Establish, continue, modify, or terminate an account with respect to 22
stocks and bonds 23
(___) Pledge stocks and bonds as security to borrow, pay, renew, or extend 24
the time of payment of a debt of the principal 25
(___) Receive certificates and other evidences of ownership with respect to 26
stocks and bonds 27
(___) Exercise voting rights with respect to stocks and bonds in person or by 28
proxy, enter into voting trusts, and consent to limitations on the right to vote 29
16 HOUSE BILL 18
(___) All of the above 1
D. Commodities – With respect to this subject, I authorize my agent to: 2
(___) Buy, sell, exchange, assign, settle, and exercise commodity futures 3
contracts and call or put options on stocks or stock indexes traded on a regulated option 4
exchange 5
(___) Establish, continue, modify, and terminate option accounts 6
(___) All of the above 7
E. Banks and Other Financial Institutions – With respect to this subject, I 8
authorize my agent to: 9
(___) Continue, modify, transact all business in connection with, and 10
terminate an account or other banking arrangement made by or on behalf of the principal 11
(___) Establish, modify, transact all business in connection with, and 12
terminate an account or other banking arrangement with a bank, trust company, savings 13
and loan association, credit union, thrift company, brokerage firm, or other financial 14
institution selected by the agent 15
(___) Contract for services available from a financial institution, including 16
renting a safe deposit box or space in a vault 17
(___) Deposit by check, money order, electronic funds transfer, or otherwise 18
with, or leave in the custody of, a financial institution money or property of the principal 19
(___) Withdraw, by check, money order, electronic funds transfer, or 20
otherwise, money or property of the principal deposited with or left in the custody of a 21
financial institution 22
(___) Receive statements of account, vouchers, notices, and similar 23
documents from a financial institution and act with respect to them 24
(___) Enter a safe deposit box or vault and withdraw or add to the contents 25
(___) Borrow money and pledge as security personal property of the principal 26
necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 27
principal or a debt guaranteed by the principal 28
(___) Make, assign, draw, endorse, discount, guarantee, and negotiate 29
promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 30
principal or payable to the principal or the principal’s order, transfer money, receive the 31
cash or other proceeds of those transactions, and accept a draft drawn by a person on the 32
principal and pay the draft when due 33 HOUSE BILL 18 17
(___) Receive for the principal and act on a sight draft, warehouse receipt, 1
other document of title whether tangible or electronic, or other negotiable or nonnegotiable 2
instrument 3
(___) Apply for, receive, and use letters of credit, credit cards and debit cards, 4
electronic transaction authorizations, and traveler’s checks from a financial institution and 5
give an indemnity or other agreement in connection with letters of credit 6
(___) Consent to an extension of the time of payment with respect to 7
commercial paper or a financial transaction with a financial institution 8
(___) All of the above 9
F. Operation of an Entity or a Business – With respect to this subject, I authorize 10
my agent to: 11
(___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 12
(___) Perform a duty or discharge a liability and exercise in person or by 13
proxy a right, power, privilege, or an option that the principal has, may have, or claims to 14
have 15
(___) Enforce the terms of an ownership agreement 16
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 17
oppose, or propose or accept a compromise with respect to litigation to which the principal 18
is a party because of an ownership interest 19
(___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 20
right, power, privilege, or an option the principal has or claims to have as the holder of 21
stocks and bonds 22
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 23
oppose, or propose or accept a compromise with respect to litigation to which the principal 24
is a party concerning stocks and bonds 25
(___) With respect to an entity or business owned solely by the principal: 26
(1) Continue, modify, renegotiate, extend, and terminate a contract 27
made by or on behalf of the principal with respect to the entity or business before execution 28
of this power of attorney; 29
(2) Determine: 30
(i) The location of the operation of the entity or business; 31
18 HOUSE BILL 18
(ii) The nature and extent of the business of the entity or 1
business; 2
(iii) The methods of manufacturing, selling, merchandising, 3
financing, accounting, and advertising employed in the operation of the entity or business; 4
(iv) The amount and types of insurance carried by the entity 5
or business; and 6
(v) The mode of engaging, compensating, and dealing with the 7
employees and accountants, attorneys, or other advisors of the entity or business; 8
(3) Change the name or form of organization under which the entity 9
or business is operated and enter into an ownership agreement with other persons to take 10
over all or part of the operation of the entity or business; and 11
(4) Demand and receive money due or claimed by the principal or on 12
the principal’s behalf in the operation of the entity or business and control and disburse the 13
money in the operation of the entity or business 14
(___) Put additional capital into an entity or a business in which the principal 15
has an interest 16
(___) Join in a plan of reorganization, consolidation, conversion, 17
domestication, or merger of the entity or business 18
(___) Sell or liquidate all or part of an entity or business 19
(___) Establish the value of an entity or a business under a buyout agreement 20
to which the principal is a party 21
(___) Prepare, sign, file, and deliver reports, compilations of information, 22
returns, or other papers with respect to an entity or business and make related payments 23
(___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 24
perform other acts to protect the principal from illegal or unnecessary taxation, 25
assessments, fines, or penalties, with respect to an entity or a business, including attempts 26
to recover, as permitted by law, money paid before or after the execution of this power of 27
attorney 28
(___) All of the above 29
G. Insurance and Annuities – With respect to this subject, I authorize my agent 30
to: 31
(___) Continue, pay the premium or make a contribution on, modify, 32
exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 33 HOUSE BILL 18 19
that insures or provides an annuity to either the principal or another person, whether or 1
not the principal is a beneficiary under the contract 2
(___) Procure new, different, and additional contracts of insurance and 3
annuities for the principal and the principal’s spouse, children, and other dependents, and 4
select the amount, type of insurance or annuity, and mode of payment 5
(___) Pay the premium or make a contribution on, modify, exchange, rescind, 6
release, or terminate a contract of insurance or annuity procured by the agent 7
(___) Apply for and receive a loan secured by a contract of insurance or 8
annuity 9
(___) Surrender and receive the cash surrender value on a contract of 10
insurance or annuity 11
(___) Exercise an election 12
(___) Exercise investment powers available under a contract of insurance or 13
annuity 14
(___) Change the manner of paying premiums on a contract of insurance or 15
annuity 16
(___) Change or convert the type of insurance or annuity with respect to 17
which the principal has or claims to have authority described in this section 18
(___) Apply for and procure a benefit or assistance under a statute or 19
regulation to guarantee or pay premiums of a contract of insurance on the life of the 20
principal 21
(___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 22
of the principal in a contract of insurance or annuity 23
(___) Select the form and timing of the payment of proceeds from a contract 24
of insurance or annuity 25
(___) Pay, from proceeds or otherwise, compromise or contest, and apply for 26
refunds in connection with a tax or assessment levied by a taxing authority with respect to 27
a contract of insurance or annuity or the proceeds or liability from the contract of insurance 28
or annuity accruing by reason of the tax or assessment 29
(___) All of the above 30
H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 31
estates, guardianships, conservatorships, escrows, or custodianships or funds from which 32
the principal is, may become, or claims to be entitled to a share or payment) – With respect 33 20 HOUSE BILL 18
to this subject, I authorize my agent to: 1
(___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 2
or payment from the fund described above 3
(___) Demand or obtain money or another thing of value to which the 4
principal is, may become, or claims to be entitled by reason of the fund described above, by 5
litigation or otherwise 6
(___) Exercise for the benefit of the principal a presently exercisable general 7
power of appointment held by the principal 8
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 9
oppose, or propose or accept a compromise with respect to litigation to ascertain the 10
meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 11
transaction affecting the interest of the principal 12
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 13
oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 14
or surcharge a fiduciary 15
(___) Conserve, invest, disburse, or use anything received for an authorized 16
purpose 17
(___) Transfer an interest of the principal in real property, stocks and bonds, 18
accounts with financial institutions or securities intermediaries, insurance, annuities, and 19
other property to the trustee of a revocable trust created by the principal as settlor 20
(___) Reject, renounce, disclaim, release, or consent to a reduction in or 21
modification of a share in or payment from the fund described above 22
(___) Elect to take an elective share of an estate subject to election under § 23
3–403 of the Estates and Trusts Article 24
(___) All of the above 25
I. Claims and Litigation – With respect to this subject, I authorize my agent to: 26
(___) Assert and maintain before a court or administrative agency a claim, 27
claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 28
action to recover property or other thing of value, recover damages sustained by the 29
principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 30
other relief 31
(___) Bring an action to determine adverse claims or intervene or otherwise 32
participate in litigation 33
HOUSE BILL 18 21
(___) Seek an attachment, garnishment, order of arrest, or other preliminary, 1
provisional, or intermediate relief and use an available procedure to effect or satisfy a 2
judgment, order, or decree 3
(___) Make or accept a tender, offer of judgment, or admission of facts, submit 4
a controversy on an agreed statement of facts, consent to examination, and bind the 5
principal in litigation 6
(___) Submit to alternative dispute resolution, settle, and propose or accept 7
a compromise 8
(___) Waive the issuance and service of process on the principal, accept 9
service of process, appear for the principal, designate persons on which process directed to 10
the principal may be served, execute and file or deliver stipulations on the principal’s 11
behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 12
bonds, contract and pay for the preparation and printing of records and briefs, receive, 13
execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 14
of judgment, notice, agreement, or other instrument in connection with the prosecution, 15
settlement, or defense of a claim or litigation 16
(___) Act for the principal with respect to bankruptcy or insolvency, whether 17
voluntary or involuntary, concerning the principal or some other person, or with respect to 18
a reorganization, receivership, or application for the appointment of a receiver or trustee 19
that affects an interest of the principal in property or other thing of value 20
(___) Pay a judgment, award, or order against the principal or a settlement 21
made in connection with a claim or litigation 22
(___) Receive money or other thing of value paid in settlement of or as 23
proceeds of a claim or litigation 24
(___) All of the above 25
J. Personal and Family Maintenance – With respect to this subject, I authorize 26
my agent to: 27
(___) Perform the acts necessary to maintain the customary standard of 28
living of the principal, the principal’s spouse, and the following individuals, whether living 29
when this power of attorney is executed or later born: 30
(1) The principal’s children; 31
(2) Other individuals legally entitled to be supported by the 32
principal; and 33
(3) The individuals whom the principal has customarily supported 34
or indicated the intent to support; 35 22 HOUSE BILL 18
(___) Make periodic payments of child support and other family maintenance 1
required by a court or governmental agency or an agreement to which the principal is a 2
party 3
(___) Provide living quarters for the individuals described above by: 4
(1) Purchase, lease, or other contract; or 5
(2) Paying the operating costs, including interest, amortization 6
payments, repairs, improvements, and taxes, for premises owned by the principal or 7
occupied by those individuals 8
(___) Provide normal domestic help, usual vacations and travel expenses, and 9
funds for shelter, clothing, food, appropriate education, including postsecondary and 10
vocational education, and other current living costs for the individuals described above 11
(___) Pay expenses for necessary health care and custodial care on behalf of 12
the individuals described above 13
(___) Act as the principal’s personal representative in accordance with the 14
Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 15
Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 16
the past, present, or future payment for the provision of health care consented to by the 17
principal or anyone authorized under the law of this State to consent to health care on 18
behalf of the principal 19
(___) Continue provisions made by the principal for automobiles or other 20
means of transportation, including registering, licensing, insuring, and replacing the 21
means of transportation, for the individuals described above 22
(___) Maintain credit and debit accounts for the convenience of the 23
individuals described above and open new accounts 24
(___) Continue payments incidental to the membership or affiliation of the 25
principal in a religious institution, club, society, order, or other organization or to continue 26
contributions to those organizations 27
(NOTE: Authority with respect to personal and family maintenance is neither 28
dependent on, nor limited by, authority that an agent may or may not have with respect to 29
gifts under this power of attorney.) 30
(___) All of the above 31
K. Benefits from Governmental Programs or Civil or Military Service (including 32
any benefit, program, or assistance provided under a statute or regulation including Social 33
Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: 34 HOUSE BILL 18 23
(___) Execute vouchers in the name of the principal for allowances and 1
reimbursements payable by the United States or a foreign government or by a state or 2
subdivision of a state to the principal, including allowances and reimbursements for 3
transportation of the individuals described in “J. Personal and Family Maintenance” above, 4
and for shipment of the household effects of those individuals 5
(___) Take possession and order the removal and shipment of property of the 6
principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 7
either governmental or private, and execute and deliver a release, voucher, receipt, bill of 8
lading, shipping ticket, certificate, or other instrument for that purpose 9
(___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 10
QUALIFY FOR A BENEFIT OR PRO GRAM, INCLUDING OBTAIN ING PERSONAL AND 11
FINANCIAL RECORDS AN D, TO THE EXTENT SPECIF ICALLY AUTHORIZED BE LOW, TO 12
TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 13
(___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 14
principal’s behalf, a benefit or program 15
(___) Prepare, file, and maintain a claim of the principal for a benefit or 16
assistance, financial or otherwise, to which the principal may be entitled under a statute 17
or regulation 18
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 19
oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 20
assistance the principal may be entitled to receive under a statute or regulation 21
(___) Receive the financial proceeds of a claim described above and conserve, 22
invest, disburse, or use for a lawful purpose anything so received 23
(___) All of the above 24
L. Retirement Plans (including a plan or account created by an employer, the 25
principal, or another individual to provide retirement benefits or deferred compensation of 26
which the principal is a participant, beneficiary, or owner, including a plan or account 27
under the following sections of the Internal Revenue Code: 28
(1) An individual retirement account under Internal Revenue Code Section 29
408, 26 U.S.C. § 408; 30
(2) A Roth individual retirement account under Internal Revenue Code 31
Section 408A, 26 U.S.C. § 408A; 32
(3) A deemed individual retirement account under Internal Revenue Code 33
Section 408(q), 26 U.S.C. § 408(q); 34
24 HOUSE BILL 18
(4) An annuity or mutual fund custodial account under Internal Revenue 1
Code Section 403(b), 26 U.S.C. § 403(b); 2
(5) A pension, profit–sharing, stock bonus, or other retirement plan 3
qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 4
(6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 5
and 6
(7) A nonqualified deferred compensation plan under Internal Revenue 7
Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 8
to: 9
(___) Select the form and timing of payments under a retirement plan and 10
withdraw benefits from a plan 11
(___) Make a rollover, including a direct trustee–to–trustee rollover, of 12
benefits from one retirement plan to another 13
(___) Establish a retirement plan in the principal’s name 14
(___) Make contributions to a retirement plan 15
(___) Exercise investment powers available under a retirement plan 16
(___) Borrow from, sell assets to, or purchase assets from a retirement plan 17
(___) All of the above 18
M. Taxes – With respect to this subject, I authorize my agent to: 19
(___) Prepare, sign, and file federal, state, local, and foreign income, gift, 20
payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 21
refunds, requests for extension of time, petitions regarding tax matters, and other 22
tax–related documents, including receipts, offers, waivers, consents, including consents 23
and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 24
agreements, and other powers of attorney required by the Internal Revenue Service or other 25
taxing authority with respect to a tax year on which the statute of limitations has not run 26
and the following 25 tax years 27
(___) Pay taxes due, collect refunds, post bonds, receive confidential 28
information, and contest deficiencies determined by the Internal Revenue Service or other 29
taxing authority 30
(___) Exercise elections available to the principal under federal, state, local, 31
or foreign tax law 32
HOUSE BILL 18 25
(___) Act for the principal in all tax matters for all periods before the Internal 1
Revenue Service, or other taxing authority 2
(___) All of the above 3
N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 4
SUBJECT, I AUTHORIZE MY AGENT T O: 5
(___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 6
FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under 7
the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 8
defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 9
as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 10
to this subject, I authorize my agent to: 11
(___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 12
NEEDS TRUST OR ANY T RUST AUTHORIZED UNDER § 1917 OF THE FEDERAL SOCIAL 13
SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 14
presently exercisable general power of appointment held by the principal, in an amount for 15
each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 16
Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 17
federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 18
a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 19
for each donee not to exceed twice the annual federal gift tax exclusion limit 20
(___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 21
2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 22
not to exceed the aggregate annual gift tax exclusions for both spouses 23
(NOTE: An agent may only make a gift of the principal’s property as the agent 24
determines is consistent with the principal’s objectives if actually known by the agent and, 25
if unknown, as the agent determines is consistent with the principal’s best interest based 26
on all relevant factors, including: 27
(1) The value and nature of the principal’s property; 28
(2) The principal’s foreseeable obligations and need for maintenance; 29
(3) Minimization of taxes, including income, estate, inheritance, 30
generation–skipping transfer, and gift taxes; 31
(4) Eligibility for a benefit, a program, or assistance under a statute or 32
regulation; and 33
(5) The principal’s personal history of making or joining in making gifts.) 34
26 HOUSE BILL 18
(___) All of the above 1
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 2
[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 3
for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 4
(Caution: Granting any of the following will give your agent the authority to take actions 5
that could significantly reduce your property or change how your property is distributed at 6
your death. In addition, granting your agent the authority to make gifts to, or to designate 7
as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 8
the agent may constitute a taxable gift by you and may make the property subject to that 9
authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 10
WANT to give your agent.) 11
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 12
POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR 13
TRANSFER 14
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN SEC TION N OF THIS 15
POWER OF ATTORNEY IN FAVOR OF MY AGENT 16
(___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 17
existing inter vivos trust if the trust expressly authorizes that action by the agent] 18
INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 19
THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 20
OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 21
INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 22
PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 23
DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 24
TRUST, OR OTHER INSTRUMENT 25
(___) AMEND, REVOKE, OR TERMINATE AN EXIS TING INTER VIVOS TRU ST IF 26
THE TRUST EXPRESSLY AUTH ORIZES THAT ACTION B Y THE AGENT 27
(___) Make a gift, subject to any special instructions in this power of attorney, 28
INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN 29
MEETING THE ELIGIBIL ITY REQUIREMENTS AND QUALIFYING FOR A BENEFIT OR 30
PROGRAM 31
(___) Create or change rights of survivorship 32
(___) Create or change a beneficiary designation, subject to any special instructions 33
in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 34
agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 35 HOUSE BILL 18 27
authority within the special instructions of this power of attorney or in a separate power of 1
attorney 2
(___) Authorize another person to exercise the authority granted under this power 3
of attorney 4
(___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, 5
including a survivor benefit under a retirement plan 6
(___) Exercise fiduciary powers that the principal has authority to delegate 7
(___) Disclaim or refuse an interest in property, including a power of appointment 8
(___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 9
access and take control of (1) the content of any of my electronic communications, (2) any 10
catalogue of electronic communications sent or received by me, and (3) any other digital 11
asset in which I have a right or interest 12
(___) Demand the delivery of the principal’s will from the custodian of the will and, 13
on delivery of the principal’s will, take custody of the will subject to the requirements of 14
Title 4, Subtitle 2 of the Estates and Trusts Article 15
LIMITATION ON AGENT’S AUTHORITY 16
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 17
benefit the agent or a person to whom the agent owes an obligation of support unless I have 18
included that authority in the Special Instructions. 19
SPECIAL INSTRUCTIONS (OPTIONAL) 20
You may give special instructions on the following lines: 21
___________________________________________________________________________________ 22
___________________________________________________________________________________ 23
___________________________________________________________________________________ 24
___________________________________________________________________________________ 25
___________________________________________________________________________________ 26
___________________________________________________________________________________ 27
___________________________________________________________________________________ 28
EFFECTIVE DATE 29
This power of attorney is effective immediately unless I have stated otherwise in the Special 30
Instructions. 31
TERMINATION DATE (OPTIONAL) 32
28 HOUSE BILL 18
This power of attorney shall terminate on _______________________________, 20______. 1
(Use a specific calendar date) 2
NOMINATION OF GUARDIAN (OPTIONAL) 3
If it becomes necessary for a court to appoint a guardian of my property or guardian of my 4
person, I nominate the following person(s) for appointment: 5
Name of Nominee for guardian of my property: 6
_____________________________________________________________________________ 7
Nominee’s Address: __________________________________________________________ 8
Nominee’s Telephone Number: ________________________________________________ 9
Name of Nominee for guardian of my person: 10
______________________________________________________________________________ 11
Nominee’s Address: ___________________________________________________________ 12
Nominee’s Telephone Number: _________________________________________________ 13
SIGNATURE AND ACKNOWLEDGMENT 14
_____________________________________________ ______________________________ 15
Your Signature Date 16
______________________________________________________________________________ 17
Your Name Printed 18
______________________________________________________________________________ 19
______________________________________________________________________________ 20
Your Address 21
______________________________________________________________________________ 22
Your Telephone Number 23
STATE OF MARYLAND 24
(COUNTY) OF _______________________________________________________________ 25
This document was acknowledged before me on 26
______________________________________________________________________________, 27
(Date) 28
by ___________________________________________________________________________. 29
(Name of Principal) 30
__________________________________________________________________ (Seal, if any) 31
Signature of Notary 32
My commission expires: _______________________________________________________ 33
HOUSE BILL 18 29
WITNESS ATTESTATION 1
The foregoing power of attorney was, on the date written above, published and declared by 2
______________________________________________________________________________ 3
(Name of Principal) 4
in our presence to be his/her power of attorney. We, in his/her presence and at his/her 5
request, and in the presence of each other, have attested to the same and have signed our 6
names as attesting witnesses. 7
____________________________________________ 8
Witness #1 Signature 9
____________________________________________ 10
Witness #1 Name Printed 11
____________________________________________ 12
____________________________________________ 13
Witness #1 Address 14
____________________________________________ 15
Witness #1 Telephone Number 16
____________________________________________ 17
Witness #2 Signature 18
____________________________________________ 19
Witness #2 Name Printed 20
____________________________________________ 21
____________________________________________ 22
Witness #2 Address 23
____________________________________________ 24
Witness #2 Telephone Number 25
This document prepared by: 26
___________________________________________________________________________________ 27
_________________________________________________________________________ 28
IMPORTANT INFORMATION FOR AGENT 29
Agent’s Duties 30
When you accept the authority granted under this power of attorney, a special legal 31
relationship is created between you and the principal. This relationship imposes on you 32
legal duties that continue until you resign or the power of attorney is terminated or revoked. 33
You must: 34
(1) Do what you know the principal reasonably expects you to do with the 35
principal’s property or, if you do not know the principal’s expectations, act in the principal’s 36
best interest; 37 30 HOUSE BILL 18
(2) Act with care, competence, and diligence for the best interest of the principal; 1
(3) Do nothing beyond the authority granted in this power of attorney; and 2
(4) Disclose your identity as an agent whenever you act for the principal by 3
writing or printing the name of the principal and signing your own name as “agent” in the 4
following manner: 5
__________________________________ ______________________________________ 6
(Principal’s Name) by (Your Signature) as Agent 7
Unless the Special Instructions in this power of attorney state otherwise, you must also: 8
(1) Act loyally for the principal’s benefit; 9
(2) Avoid conflicts that would impair your ability to act in the principal’s best 10
interest; 11
(3) Keep a record of all receipts, disbursements, and transactions made on behalf 12
of the principal; 13
(4) Cooperate with any person that has authority to make health care decisions 14
for the principal to do what you know the principal reasonably expects or, if you do not 15
know the principal’s expectations, to act in the principal’s best interest; and 16
(5) Attempt to preserve the principal’s estate plan if you know the plan and 17
preserving the plan is consistent with the principal’s best interest. 18
Termination of Agent’s Authority 19
You must stop acting on behalf of the principal if you learn of any event that terminates 20
this power of attorney or your authority under this power of attorney. Events that 21
terminate a power of attorney or your authority to act under a power of attorney include: 22
(1) Death of the principal; 23
(2) The principal’s revocation of the power of attorney or your authority; 24
(3) The occurrence of a termination event stated in the power of attorney; 25
(4) The purpose of the power of attorney is fully accomplished; or 26
(5) If you are married to the principal, a legal action is filed with a court to end 27
your marriage, or for your legal separation, unless the Special Instructions in this power of 28
attorney state that such an action will not terminate your authority. 29
HOUSE BILL 18 31
Liability of Agent 1
The meaning of the authority granted to you is defined in the Maryland Power of Attorney 2
Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 3
Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 4
granted, you may be liable for any damages caused by your violation. 5
If there is anything about this document or your duties that you do not understand, you 6
should seek legal advice.” 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2023. 9