EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0018*
HOUSE BILL 18
N2 3lr0639
HB 92/22 – JUD (PRE–FILED) CF SB 851
By: Delegate Hill Delegates Hill and Kaufman
Requested: October 27, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2023
CHAPTER ______
AN ACT concerning 1
Maryland General and Limited Power of Attorney Act – Assistance With 2
Governmental Benefits and Programs Alterations 3
FOR the purpose of altering a certain statutory form for a general power of attorney by 4
including certain provisions informing the principal and agent of certain matters, 5
granting general authority with respect to tangible personal property and trusts and 6
estates, authorizing the principal to grant the agent certain specific powers relating 7
to successor agents, compensation, gifts or transfers, and opening joint accounts and 8
beneficiary designations, and clarifying the force and effect of the form; altering 9
certain statutory forms for a power of attorney to include certain provisions relating 10
to the authority of an agent to perform certain acts relating to eligibility and 11
qualifications for certain governmental benefits or programs; altering a certain 12
provision in a certain statutory form for a limited power of attorney relating to the 13
authority of an agent to make a gift of part or all of a principal’s property or to take 14
certain actions with respect to certain trusts under certain circumstances; and 15
generally relating to powers of attorney. 16
BY repealing and reenacting, with amendments, 17
Article – Estates and Trusts 18
Section 17–202 and 17–203 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2022 Supplement) 21
2 HOUSE BILL 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Estates and Trusts 3
17–202. 4
“MARYLAND STATUTORY FORM 5
PERSONAL FINANCIAL POWER OF ATTORNEY 6
IMPORTANT INFORMATION AND WARNING 7
You should be very careful in deciding whether or not to sign this document. The powers 8
granted by you (the principal) in this document are broad and sweeping. This power of 9
attorney authorizes another person (your agent) to make decisions concerning your 10
property for you (the principal). Your agent will be able to make decisions and act with 11
respect to your property (including your money) whether or not you are able to act for 12
yourself. 13
You should select someone you trust to serve as your agent. Unless you specify otherwise, 14
generally the agent’s authority will continue until you die or revoke the power of attorney 15
or the agent resigns or is unable to act for you. 16
You need not grant all of the powers listed below. If you choose to grant less than all of the 17
listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 18
and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 19
intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 20
Agent to exercise. 21
YOU SHOULD UNDERSTAND THAT GRANTING YOUR A GENT THE AUTHORITY T O TAKE 22
ACTIONS UNDER THIS P OWER OF ATTORNEY MAY : 23
(1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR 24
ACCESS TO YOUR ASSET S; 25
(2) CHANGE HOW YOUR PROPE RTY IS DISTRIBUTED UNDER YOUR 26
EXISTING ESTATE PLAN S TO YOUR HEIRS OR O THERS ON YOUR DEATH ; OR 27
(3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS. 28
This power of attorney becomes effective immediately unless you state otherwise in the 29
Special Instructions. 30
You should obtain competent legal advice before you sign this power of attorney if you have 31
any questions about the document or the authority you are granting to your agent. 32 HOUSE BILL 18 3
IMPORTANT INFORMATION FOR AGENT 1
SIMPLY BECAUSE YOU AR E GRANTED A POWER OF ATTORNEY DOES NOT ME AN YOU 2
SHOULD EXERCISE IT . YOU ARE BOUND BY AN U TMOST DUTY OF LOYALT Y TO THE 3
INTERESTS OF THE PRI NCIPAL. YOU MAY NOT ACT IN YO UR OWN SELF–INTEREST. 4
YOU ARE FURTHER LIMIT ED BY LEGAL DUTIES T O THE PRINCIPAL THAT GOVERN 5
YOUR ACTIONS . 6
WHEN EXERCISING THE AUTHO RITY GRANTED IN THIS POWER OF ATTORNEY , YOU 7
SHALL CONSIDER THE S TATED INTENTIONS OF THE PRINCIPAL REGARD ING THE 8
PRINCIPAL’S SELF–INTEREST, FAMILY, ESTATE, AND TAXES. 9
DESIGNATION OF AGENT 10
This section of the form provides for designation of one agent. 11
If you wish to name coagents, skip this section and use the next section (“Designation of 12
Coagents”). 13
I, ___________________________________________________________________________, 14
(Name of Principal) 15
Name the following person as my agent: 16
Name of Agent: _______________________________________________________________ 17
Agent’s Address: ______________________________________________________________ 18
Agent’s Telephone Number: ___________________________________________________ 19
DESIGNATION OF COAGENTS (OPTIONAL) 20
This section of the form provides for designation of two or more coagents. Coagents are 21
required to act together unanimously unless you otherwise provide in this form. 22
I, ___________________________________________________________________________, 23
(Name of Principal) 24
Name the following persons as coagents: 25
Name of Coagent: ____________________________________________________________ 26
Coagent’s Address: ___________________________________________________________ 27 4 HOUSE BILL 18
Coagent’s Telephone Number: _________________________________________________ 1
Name of Coagent: ____________________________________________________________ 2
Coagent’s Address: ___________________________________________________________ 3
Coagent’s Telephone Number: _________________________________________________ 4
Special Instructions Regarding Coagents: _______________________________________ 5
___________________________________________________________________________________ 6
___________________________________________________________________________________ 7
____________________________________________________________________ 8
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 9
If my agent is unable or unwilling to act for me, I name as my successor agent: 10
Name of Successor Agent: _____________________________________________________ 11
Successor Agent’s 12
Address: _____________________________________________________________________ 13
Successor Agent’s 14
Telephone Number: ___________________________________________________________ 15
If my successor agent is unable or unwilling to act for me, I name as my second successor 16
agent: 17
Name of Second 18
Successor Agent: _____________________________________________________________ 19
Second Successor 20
Agent’s Address: ______________________________________________________________ 21
Second Successor Agent’s 22
Telephone Number: ___________________________________________________________ 23
POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR 24
SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL) 25
ONLY IF I HAVE INITIALED BELOW, MY AGENT(S) MAY APPOINT A SUCCES SOR 26
AGENT(S). 27
(___) EACH AGENT, WHILE SERVING IN THA T CAPACITY, MAY APPOINT AN 28
INDIVIDUAL TO SUCCEE D TO THE AGENT ’S OFFICE ON THE AGEN T’S DEATH, 29 HOUSE BILL 18 5
RESIGNATION, OR INCAPACITY ; PROVIDED, HOWEVER, THAT AN APPOINTMENT 1
UNDER THIS SECTION B ECOMES EFFECTIVE ONL Y WHEN NO OTHER AGEN T OR 2
SUCCESSOR AGENT DESI GNATED BY ME IS WILL ING OR ABLE TO ACT . 3
COMPENSATION (OPTIONAL) 4
YOUR AGENT IS ENTITLE D TO REIMBURSEMENT FOR THEIR EXPENSES . YOUR AGENT 5
IS ENTITLED TO COMPE NSATION ONLY IF YOU HAVE INITIALED ONE OF THE 6
OPTIONS LISTED BELOW : 7
(___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION . 8
(___) MY AGENT(S) IS ENTITLED TO THE F OLLOWING COMPENSATIO N: 9
GRANT OF GENERAL AUTHORITY 10
I (“the principal”) grant my agent and any successor agent, with respect to each subject 11
listed below, the authority to do all acts that I could do to: 12
(1) Contract with another person, on terms agreeable to the agent, to 13
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 14
restate, release, or modify the contract or another contract made by or on behalf of the 15
principal; 16
(2) Execute, acknowledge, seal, deliver, file, or record any instrument or 17
communication the agent considers desirable to accomplish a purpose of a transaction; 18
(3) Seek on the principal’s behalf the assistance of a court or other 19
governmental agency to carry out an act authorized in this power of attorney; 20
(4) Initiate, participate in, submit to alternative dispute resolution, settle, 21
oppose, or propose or accept a compromise with respect to a claim existing in favor of or 22
against the principal or intervene in litigation relating to the claim; 23
(5) Engage, compensate, and discharge an attorney, accountant, 24
discretionary investment manager, expert witness, or other advisor; 25
(6) Prepare, execute, and file a record, report, or other document to 26
safeguard or promote the principal’s interest under a statute or regulation and 27
communicate with representatives or employees of a government or governmental 28
subdivision, agency, or instrumentality, on behalf of the principal; and 29
(7) Do lawful acts with respect to the subject and all property related to the 30
subject. 31
SUBJECTS AND AUTHORITY 32 6 HOUSE BILL 18
My agent’s authority shall include the authority to act as stated below with regard to each 1
of the following subjects: 2
Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 3
convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 4
acquire or reject an interest in real property or a right incident to real property; pledge or 5
mortgage an interest in real property or right incident to real property as security to borrow 6
money or pay, renew, or extend the time of payment of a debt of the principal or a debt 7
guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 8
enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 9
encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 10
conserve an interest in real property or a right incident to real property owned or claimed 11
to be owned by the principal, including: (1) insuring against liability or casualty or other 12
loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 13
or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 14
applying for and receiving refunds in connection with them; and (4) purchasing supplies, 15
hiring assistance or labor, and making repairs or alterations to the real property. 16
TANGIBLE PERSONAL PRO PERTY, INCLUDING MOTOR VEHI CLES, BOATS, PLANES, 17
AND OTHER TITLED AND UNTITLED TANGIBLE PE RSONAL PROPERTY – WITH 18
RESPECT TO THIS SUBJ ECT, I AUTHORIZE MY AGENT T O: DEMAND, BUY, RECEIVE, 19
ACCEPT AS A GIFT OR AS SECURITY FOR AN E XTENSION OF CREDIT, OR OTHERWISE 20
ACQUIRE OR REJECT OW NERSHIP OR POSSESSIO N OF TANGIBLE PERSON AL 21
PROPERTY OR AN INTER EST IN TANGIBLE PERS ONAL PROPERTY ; SELL, EXCHANGE, 22
CONVEY WITH OR WITHO UT COVENANTS , REPRESENTATIONS , OR WARRANTIES , 23
QUITCLAIM, RELEASE, SURRENDER , CREATE A SECURITY INTER EST IN, GRANT 24
OPTIONS CONCERNING , LEASE, SUBLEASE, OR OTHERWISE DISPOSE OF TANGIBLE 25
PERSONAL PROPERTY OR AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; GRANT 26
A SECURITY INTEREST IN TANGIBLE PERSONAL PROPERTY OR AN INTER EST IN 27
TANGIBLE PERSO NAL PROPERTY AS SECU RITY TO BORROW MONEY OR PAY, RENEW, 28
OR EXTEND THE TIME O F PAYMENT OF A DEBT OF THE PRINCIPAL OR A DEBT 29
GUARANTEED BY THE PR INCIPAL; RELEASE, ASSIGN, SATISFY, OR ENFORCE BY 30
LITIGATION OR OTHERW ISE, A SECURITY INTEREST , LIEN, OR OTHER CLA IM ON 31
BEHALF OF THE PRINCI PAL, WITH RESPECT TO TANG IBLE PERSONAL PROPER TY OR 32
AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; MANAGE OR CONSERVE 33
TANGIBLE PERSONAL PR OPERTY OR AN INTERES T IN TANGIBLE PERSON AL 34
PROPERTY ON BEHALF O F THE PRINCIPAL , INCLUDING: (1) INSURING AGAINST 35
LIABILITY OR CASUALT Y OR OTHER LOSS ; (2) OBTAINING OR REGAINI NG 36
POSSESSION OF OR PRO TECTING THE PROPERTY OR INTEREST, BY LITIGATION OR 37
OTHERWISE; (3) PAYING, ASSESSING, COMPROMISING , OR CONTESTING TAXES OR 38
ASSESSMENTS OR APPLY ING FOR AND REC EIVING REFUNDS IN CO NNECTION WITH 39
TAXES OR ASSESSMENTS ; (4) MOVING THE PROPERTY FROM PLACE TO PLACE ; (5) 40
STORING THE PROPERTY FOR HIRE OR ON A GRA TUITOUS BAILMENT ; AND (6) USING 41 HOUSE BILL 18 7
AND MAKING REPAIRS , ALTERATIONS , OR IMPROVEMENTS TO T HE PROPERTY ; AND 1
CHANGE THE FORM OF TITLE OF AN INTEREST IN TANGI BLE PERSONAL PROPERT Y. 2
Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and 3
exchange stocks and bonds; establish, continue, modify, or terminate an account with 4
respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or 5
extend the time of payment of a debt of the principal; receive certificates and other 6
evidences of ownership with respect to stocks and bonds; exercise voting rights with respect 7
to stocks and bonds in person or by proxy, enter into voting trusts, and consent to 8
limitations on the right to vote. 9
Banks and other financial institutions – With respect to this subject, I authorize my agent 10
to: continue, modify, transact all business in connection with, and terminate an account or 11
other banking arrangement made by or on behalf of the principal; establish, modify, 12
transact all business in connection with, and terminate an account or other banking 13
arrangement with a bank, trust company, savings and loan association, credit union, thrift 14
company, brokerage firm, or other financial institution selected by the agent; contract for 15
services available from a financial institution, including renting a safe deposit box or space 16
in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or 17
leave in the custody of, a financial institution money or property of the principal; withdraw, 18
by check, money order, electronic funds transfer, or otherwise, money or property of the 19
principal deposited with or left in the custody of a financial institution; receive statements 20
of account, vouchers, notices, and similar documents from a financial institution and act 21
with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; 22
borrow money and pledge as security personal property of the principal necessary to borrow 23
money or pay, renew, or extend the time of payment of a debt of the principal or a debt 24
guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and 25
negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of 26
the principal or payable to the principal or the principal’s order, transfer money, receive 27
the cash or other proceeds of those transactions; and apply for, receive, and use credit cards 28
and debit cards, electronic transaction authorizations, and traveler’s checks from a 29
financial institution. 30
Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 31
pay the premium or make a contribution on, modify, exchange, rescind, release, or 32
terminate a contract procured by or on behalf of the principal that insures or provides an 33
annuity to either the principal or another person, whether or not the principal is a 34
beneficiary under the contract; procure new, different, and additional contracts of 35
insurance and annuities for the principal and select the amount, type of insurance or 36
annuity, and mode of payment; pay the premium or make a contribution on, modify, 37
exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 38
agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 39
and receive the cash surrender value on a contract of insurance or annuity; exercise an 40
election; exercise investment powers available under a contract of insurance or annuity; 41
change the manner of paying premiums on a contract of insurance or annuity; change or 42
convert the type of insurance or annuity with respect to which the principal has or claims 43
to have authority described in this section; apply for and procure a benefit or assistance 44 8 HOUSE BILL 18
under a statute or regulation to guarantee or pay premiums of a contract of insurance on 1
the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 2
interest of the principal in a contract of insurance or annuity; select the form and timing of 3
the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 4
otherwise, compromise or contest, and apply for refunds in connection with a tax or 5
assessment levied by a taxing authority with respect to a contract of insurance or annuity 6
or the proceeds or liability from the contract of insurance or annuity accruing by reason of 7
the tax or assessment. 8
Claims and litigation – With respect to this subject, I authorize my agent to: assert and 9
maintain before a court or administrative agency a claim, claim for relief, cause of action, 10
counterclaim, offset, recoupment, or defense, including an action to recover property or 11
other thing of value, recover damages sustained by the principal, eliminate or modify tax 12
liability, or seek an injunction, specific performance, or other relief; act for the principal 13
with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the 14
principal or some other person, or with respect to a reorganization, receivership, or 15
application for the appointment of a receiver or trustee that affects an interest of the 16
principal in property or other thing of value; pay a judgment, award, or order against the 17
principal or a settlement made in connection with a claim or litigation; and receive money 18
or other thing of value paid in settlement of or as proceeds of a claim or litigation. 19
Benefits from governmental programs or civil or military service (including any benefit, 20
program, or assistance provided under a statute or regulation including Social Security, 21
Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute 22
vouchers in the name of the principal for allowances and reimbursements payable by the 23
United States or a foreign government or by a state or subdivision of a state to the principal; 24
PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A 25
GOVERNMENTAL BENEFIT OR PROGRA M, INCLUDING OBTAINING PERSONAL AND 26
FINANCIAL RECORDS AND, TO THE EXTENT AUTHOR IZED IN THE SPECIAL 27
INSTRUCTIONS BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll 28
in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a 29
GOVERNMENTAL benefit or program; prepare, file, and maintain a claim of the principal 30
for a benefit or assistance, financial or otherwise, to which the principal may be entitled 31
under a statute or regulation; initiate, participate in, submit to alternative dispute 32
resolution, settle, oppose, or propose or accept a compromise with respect to litigation 33
concerning a benefit or assistance the principal may be entitled to receive under a statute 34
or regulation; and receive the financial proceeds of a claim described above and conserve, 35
invest, disburse, or use for a lawful purpose anything so received. 36
Retirement plans (including a plan or account created by an employer, the principal, or 37
another individual to provide retirement benefits or deferred compensation of which the 38
principal is a participant, beneficiary, or owner, including a plan or account under the 39
following sections of the Internal Revenue Code: (1) an individual retirement account under 40
Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 41
account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 42
individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 43
408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 44 HOUSE BILL 18 9
Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 1
retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 2
(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 3
nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 4
U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 5
timing of payments under a retirement plan and withdraw benefits from a plan; make a 6
rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 7
to another; establish a retirement plan in the principal’s name; make contributions to a 8
retirement plan; exercise investment powers available under a retirement plan; borrow 9
from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 10
my agent the authority to create or change a beneficiary designation for a retirement plan 11
may affect the benefits that I may receive if that authority is exercised. If I grant my agent 12
the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 13
beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 14
make the property subject to that authority taxable as a part of the agent’s estate. 15
Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 16
any retirement plan, and in particular if I wish to authorize the agent to designate as my 17
beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 18
this authority in the Special Instructions section that follows or in a separate power of 19
attorney. 20
Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, 21
state, local, and foreign income, gift, payroll, property, federal insurance contributions act, 22
and other tax returns, claims for refunds, requests for extension of time, petitions regarding 23
tax matters, and other tax–related documents, including receipts, offers, waivers, consents, 24
including consents and agreements under Internal Revenue Code Section [2032(A)] 25
2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney 26
required by the Internal Revenue Service or other taxing authority with respect to a tax 27
year on which the statute of limitations has not run and the following 25 tax years; pay 28
taxes due, collect refunds, post bonds, receive confidential information, and contest 29
deficiencies determined by the Internal Revenue Service or other taxing authority; exercise 30
elections available to the principal under federal, state, local, or foreign tax law; and act for 31
the principal in all tax matters for all periods before the Internal Revenue Service, or other 32
taxing authority. 33
Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 34
Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 35
the content of any of my electronic communications; (2) any catalogue of electronic 36
communications sent or received by me; and (3) any other digital asset in which I have a 37
right or interest. 38
TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT: 39
(1) MY AGENT MAY ACT FOR ME IN ALL MATTERS THAT AFFE CT A 40
TRUST, PROBATE ESTATE , ESCROW, CUSTODIANSHIP , OR OTHER FUND TO WHI CH I 41
AM NOW, CLAIM TO BE, OR LATER BECOME ENTI TLED AS A BENEFICIAR Y, TO A SHARE 42 10 HOUSE BILL 18
OR PAYMENT , INCLUDING PETITIONS , OBJECTIONS, WAIVERS, CONSENTS, 1
RECEIPTS, SETTLEMENTS , AND OTHER RELATED AG REEMENTS; 2
(2) TO THE EXTENT PERMITT ED IN THE TRUST AGRE EMENT, MY 3
AGENT MAY CONSENT TO THE AMENDMENT , REVOCATION , OR TERMINATION OF A 4
TRUST OF WHICH I AM A BENEFICIARY , OR TO THE TRANSFER O F THE ASSETS OF THE 5
TRUST INTO ANOTHER T RUST FOR MY BENEFIT , AND TO ENTER INTO TR ANSACTIONS 6
WITH ANY TRUST CREAT ED BY ME, FOR ME, ON MY BEHALF, OR IN CONNECTION WIT H 7
GIFTS FROM ME TO OTH ERS AS PROVIDED IN T HE PARAGRAPH BELOW A UTHORIZING 8
GIFTS; AND TO PARTICIPATE I N EITHER JUDICIAL OR NONJUDICIAL M ODIFICATION 9
OF A TRUST AS PERMIT TED UNDER § 14.5–111 OF THE ESTATES AND TRUSTS 10
ARTICLE; AND 11
(3) MY AGENT MAY CREATE A ND TRANSFER PROPERTY TO AN 12
INTERVIVOS REVOCABLE OR IRREVOCABLE TRUST FOR MY SOLE BENEFIT THAT ON 13
MY DEATH DISTRIBUTES THE PROPERTY IN A MANNER CONSISTENT WI TH MY 14
EXISTING ESTATE PLAN , IF ANY, AND IN ACCORDANCE WI TH MARYLAND LAW . 15
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 16
(CAUTION: GRANTING ANY OF THE F OLLOWING WILL GIVE Y OUR AGENT THE 17
AUTHORITY TO TAKE AC TIONS THAT COULD SIG NIFICANTLY REDUCE YOUR 18
PROPERTY OR CHANGE H OW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH.) 19
A. GIFTS OR TRANSFERS – ONLY IF I HAVE INITIALED BELOW, MY 20
AGENT MAY MAKE GIFTS OR TRANSFER OWNERSHI P OF MY ASSETS OUTRI GHT OR IN 21
TRUST TO OR FOR THE BENEFIT OF ONE OR MO RE OF THE FOLLOWING PERS ONS AND 22
ONLY IN THE AMOUNTS SPECIFICALLY AUTHORI ZED IN THE NEXT SECT ION: 23
(___) MY AGENT, SUBJECT TO THE FOLLO WING CONDITIONS , IF ANY: 24
_________________________________________________________ 25
_________________________________________________________ 26
(___) MY SPOUSE 27
(___) MY PARENTS 28
(___) MY GRANDPARENTS 29
(___) MY CHILDREN AND THEIR DESCENDANTS 30
(___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER 31
CONSISTENT WITH MY P REVIOUS GIVING HISTO RY 32
HOUSE BILL 18 11
(___) THE PEOPLE AND CHARITABL E ORGANIZATIONS , IF ANY, NAMED 1
IN MY ESTATE PLAN AN D IN ACCORDANCE WITH THE TERMS OF MY ESTA TE PLAN 2
THAT ARE IN EXISTENC E AT THE TIME THE GI FT IS MADE 3
(___) MY INTESTATE HEIRS WH O WOULD RECEIVE MY E STATE UNDER 4
MARYLAND LAW IF I DIED A RESIDENT OF MARYLAND WITHOUT A WI LL 5
(___) ONE OR MORE OF THE FO LLOWING PERSONS : 6
_________________________________________________________ 7
_________________________________________________________ 8
MY AGENT IS AUTHORIZE D TO MAKE GIFTS UNDE R THIS SECTION IN THE 9
FOLLOWING AMOUNTS ONLY IF I HAVE INITIALED BELOW: 10
(___) IN AN AMOUNT NOT TO E XCEED $_____ PER PERSON EACH 11
CALENDAR YEAR TO THE PERSONS, NONPROFITS, OR CHARITABLE ORGANI ZATIONS 12
THAT I HAVE SPECIFIED IN TH E SECTION ABOVE ; 13
(___) IN AN AMOUNT FOR EACH PERSON I HAVE SPECIFIED IN TH E 14
SECTION ABOVE NOT TO EXCEED THE ANNUAL DO LLAR LIMITS OF THE F EDERAL 15
GIFT TAX EXCLUSION U NDER § 2503(B) OF THE INTERNAL REVENUE CODE, OR IF 16
MY SPOUSE AGREES TO CONSENT TO A SPLIT G IFT, IN AN AMOUNT NOT TO EXCEED 17
THE AGGREGATE ANNUAL GIFT TAX EXCLUSION F OR BOTH SPOUSES ; 18
(___) IN AN UNLIMITED AMOUN T, FOR THE PURPOSE OF E STATE 19
PLANNING OR QUALIFYI NG ME FOR A GOVERNME NTAL BENEFIT OR PROG RAM, WITH 20
SUCH GIFTS TO BE MAD E IN A MANNER CONSIS TENT WITH MY EXISTIN G ESTATE 21
PLAN, IF ANY, AND IN ACCORDANCE WI TH STATE LAW. 22
SPECIAL INSTRUCTIONS FOR GIFTING DESIRES – YOU MAY GIVE SPECIAL 23
INSTRUCTIONS FOR GIF TING DESIRES ON THE FOLLOWING LINES : 24
__________________________________________________________________________25
__________________________________________________________________________26
__________________________________________________________________________ 27
B. JOINT ACCOUNTS AND BE NEFICIARY DESIGNATIO NS – I AUTHORIZE MY 28
AGENT TO DO ONE OR M ORE OF THE FOLLOWI NG ONLY IF I HAVE INITIALED 29
BELOW: 30
(____) OPEN A JOINT ACCOUNT WITH ME AND ONE OR M ORE OTHER 31
PERSONS AS ACCOUNT O WNERS. EACH OWNER OF A JOINT ACCOUNT HAS FULL 32
LEGAL AUTHORITY TO U SE THE ACCOUNT FOR T HEIR OWN BENEFIT AND ON MY 33
DEATH WILL BECOME TH E PROPERTY OF THE OT HER OWNER(S). 34
12 HOUSE BILL 18
(____) CREATE OR CHANGE RIGHTS OF SURVIVORSHIP IN ACCO UNTS OR 1
OTHER ASSETS IN WHIC H I HAVE AN INTEREST , INCLUDING FOR THE BE NEFIT OF MY 2
AGENT, TO CHANGE A BENEFICI ARY DESIGNATION FOR ANY ACCOUNTS OR 3
FINANCIAL INSTRUMENT S, INCLUDING LIFE INSUR ANCE POLICIES, ANNUITIES, OR 4
RETIREMENT ACCOUNTS OF ANY NATURE ; AND TO WAIVE MY RIGH T TO BE A 5
BENEFICIARY OF A JOI NT AND SURVIVOR ANNU ITY, INCLUDING A SURVIVOR 6
BENEFIT UNDER A RETI REMENT PLAN OF ANY N ATURE. IN DETERMINING SUCH 7
RIGHTS OR BENEFICIAR Y INTERESTS , MY AGENT SHALL CONSI DER TAXES, 8
PRESERVATION OF GOVE RNMENTAL BENEFITS OR PROGRAMS, OR STATED 9
INTENTIONS REGARDING MY ESTATE. 10
DISCLAIMERS 11
FOR THE PURPOSES OF T AX PLANNING OR EFFEC TUATING STATED INTEN TIONS 12
REGARDING MY ESTATE , I AUTHORIZE MY AGENT T O DISCLAIM ANY INTER EST IN 13
PROPERTY I MIGHT OTHERWISE RECE IVE, EITHER OUTRIGHT OR I N TRUST, 14
INCLUDING FOR THE BE NEFIT OF MY AGENT ; ANY POWERS I HAVE OVER PROPERTY 15
OR AS A BENEFICIARY OF ANY TRUSTS (EXCLUDING ANY POWERS I POSSESS IN A 16
FIDUCIARY CAPACITY ); AND ANY POWERS OF AP POINTMENT I HAVE OR MAY 17
ACQUIRE EXCLUDING AN Y TESTAMENTARY POWER OF APPOINTMENT THAT I 18
CURRENTLY EXERCISE I N MY LAST WILL AND T ESTAMENT. 19
SPECIAL INSTRUCTIONS (OPTIONAL) 20
YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES: 21
___________________________________________________________________________________ 22
___________________________________________________________________________________ 23
___________________________________________________________________________________ 24
___________________________________________________________________________________ 25
___________________________________________________________________________________ 26
___________________________________________________________________________________ 27
___________________________________________________________________________________ 28
___________________________________________ 29
EFFECTIVE DATE 30
This power of attorney is effective immediately unless I have stated otherwise in the Special 31
Instructions. 32
TERMINATION DATE (OPTIONAL) 33
ONLY IF I HAVE SPECIFIED A TER MINATION DATE BELOW , THIS POWER OF 34
ATTORNEY IS DURABLE, MEANING IT SHALL CON TINUE IN FULL FORCE AND 35
EFFECT FOR AN INDEFI NITE PERIOD OF TIME UNTIL MY REVOCATION OF THIS 36 HOUSE BILL 18 13
POWER OF ATTORNEY OR MY DEATH, WHICHEVER OCCURS FIR ST. I RESERVE THE 1
RIGHT TO REVOKE THIS POWER OF ATTORNEY . THIS POWER OF ATTORNE Y SHALL 2
NOT TERMINATE UPON M Y DISABILITY. ALL AUTHORITY OF MY A GENT(S) SHALL 3
CONTINUE EVEN IF I BECOME DISABLED , INCOMPETENT , OR INCAPACITATED . 4
This power of attorney shall terminate on ______________________________, 20____. 5
(Use a specific calendar date) 6
COPIES 7
A COPY OF THIS DOCUMEN T SHALL HAVE THE SAM E FORCE AND EFFECT A S THE 8
ORIGINAL UNLESS PROV IDED OTHERWISE IN SP ECIAL INSTRUCTIONS . 9
REVOCATION 10
I HEREBY REVOKE ALL OT HER POWERS OF ATTORN EY THAT I HAVE PREVIOUSLY 11
EXECUTED. THIS SECTION DOES NOT APPLY TO POWERS OF A TTORNEY EXECUTED 12
ON THE SAME DATE AS THIS POWER OF ATTORN EY OR TO LIMITED POW ERS OF 13
ATTORNEY THAT APPLY TO SPECIFIC ACCOUNTS OR TO SPECIFIC PROPERTY. 14
RELIANCE BY THIRD PARTIES 15
ANYONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE ENTITLED 16
TO PRESUME CONCLUSIV ELY THAT IT IS IN FULL FORCE AND EFFECT UNLESS I HAVE 17
GIVEN WRITTEN NOTICE TO THAT PERSON OR EN TITY THAT THIS POWER HAS BEEN 18
REVOKED. NO ONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE 19
REQUIRED TO SEE TO T HE APPLICATION AND D ISPOSITION OF ANY FU NDS OR OTHER 20
PROPERTY PAID TO OR DELIVERED TO MY AGEN T OR ANY PERSONS APP OINTED BY 21
MY AGENT. I AUTHORIZE MY AGENT T O SEEK DAMAGES AGAINST ANYO NE WHO 22
REFUSED TO HONOR THI S POWER OF ATTORNEY WITHOUT HAVING RECEI VED 23
NOTICE THAT IT HAS B EEN REVOKED . 24
NOMINATION OF GUARDIAN (OPTIONAL) 25
If it becomes necessary for a court to appoint a guardian of my property or guardian of my 26
person, I nominate the following person(s) for appointment: 27
Name of nominee for guardian of my property: __________________________________ 28
Nominee’s address: ___________________________________________________________ 29
Nominee’s telephone number: _________________________________________________ 30
Name of nominee for guardian of my person: ____________________________________ 31
Nominee’s address: ___________________________________________________________ 32
Nominee’s telephone number: _________________________________________________ 33
14 HOUSE BILL 18
DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 1
(OPTIONAL) 2
If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I 3
designate the following person as my agent for purposes of making the election to take an 4
elective share of an estate subject to election under § 3–403 of the Estates and Trusts 5
Article: 6
Name of designated agent: _____________________________________________________ 7
Designated agent’s address: ____________________________________________________ 8
Designated agent’s telephone number: __________________________________________ 9
SIGNATURE AND ACKNOWLEDGMENT 10
________________________________________ __________________________ 11
Your Signature Date 12
______________________________________________________________________________ 13
Your Name Printed 14
___________________________________________________________________________________ 15
___________________________________________________________________________________ 16
Your Address 17
______________________________________________________________________________ 18
Your Telephone Number 19
STATE OF MARYLAND 20
(COUNTY) OF _______________________________________________________________ 21
This document was acknowledged before me on 22
__________________________ 23
(Date) 24
By ______________________________________ to be his/her act. 25
(Name of Principal) 26
____________________________________________ (SEAL, IF ANY) 27
Signature of Notary 28
My commission expires: _____________________ 29
WITNESS ATTESTATION 30
The foregoing power of attorney was, on the date written above, published and declared by 31
HOUSE BILL 18 15
____________________________________________ 1
(Name of Principal) 2
in our presence to be his/her power of attorney. We, in his/her presence and at his/her 3
request, and in the presence of each other, have attested to the same and have signed our 4
names as attesting witnesses. 5
____________________________________________ 6
Witness #1 Signature 7
____________________________________________ 8
Witness #1 Name Printed 9
____________________________________________ 10
____________________________________________ 11
Witness #1 Address 12
____________________________________________ 13
Witness #1 Telephone Number 14
____________________________________________ 15
Witness #2 Signature 16
____________________________________________ 17
Witness #2 Name Printed 18
____________________________________________ 19
____________________________________________ 20
Witness #2 Address 21
____________________________________________ 22
Witness #2 Telephone Number” 23
17–203. 24
“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 25
PLEASE READ CAREFULLY 26
This power of attorney authorizes another person (your agent) to make decisions concerning 27
your property for you (the principal). You need not give to your agent all the authorities 28
listed below and may give the agent only those limited powers that you specifically indicate. 29
This power of attorney gives your agent the right to make limited decisions for you. You 30
should very carefully weigh your decision as to what powers you give your agent. Your 31
agent will be able to make decisions and act with respect to your property (including your 32
money) whether or not you are able to act for yourself. 33
If you choose to make a grant of limited authority, you should check the boxes that identify 34
the specific authorization you choose to give your agent. 35
This power of attorney does not authorize the agent to make health care decisions for you. 36
16 HOUSE BILL 18
You should select someone you trust to serve as your agent. Unless you specify otherwise, 1
generally the agent’s authority will continue until you die or revoke the power of attorney 2
or the agent resigns or is unable to act for you. 3
Your agent is not entitled to compensation unless you indicate otherwise in the special 4
instructions of this power of attorney. If you indicate that your agent is to receive 5
compensation, your agent is entitled to reasonable compensation or compensation as 6
specified in the Special Instructions. 7
This form provides for designation of one agent. If you wish to name more than one agent 8
you may name a coagent in the Special Instructions. Coagents are required to act together 9
unanimously unless you specify otherwise in the Special Instructions. 10
If your agent is unavailable or unwilling to act for you, your power of attorney will end 11
unless you have named a successor agent. You may also name a second successor agent. 12
This power of attorney becomes effective immediately unless you state otherwise in the 13
Special Instructions. 14
If you have questions about the power of attorney or the authority you are granting to your 15
agent, you should seek legal advice before signing this form. 16
DESIGNATION OF AGENT 17
This section of the form provides for designation of one agent. 18
If you wish to name coagents, skip this section and use the next section (“Designation of 19
Coagents”). 20
I, ___________________________________________________, name the following person21
(Name of Principal) 22
as my agent: 23
Name of 24
Agent: _______________________________________________________________________ 25
Agent’s 26
Address: _____________________________________________________________________ 27
Agent’s Telephone 28
Number: _____________________________________________________________________ 29
DESIGNATION OF COAGENTS (OPTIONAL) 30
This section of the form provides for designation of two or more coagents. Coagents are 31
required to act together unanimously unless you otherwise provide in this form. 32
I, ___________________________________________________________________________, 33
HOUSE BILL 18 17
(Name of Principal) 1
Name the following persons as coagents: 2
Name of Coagent: ____________________________________________________________ 3
Coagent’s Address: ___________________________________________________________ 4
Coagent’s Telephone Number: _________________________________________________ 5
Name of Coagent: ____________________________________________________________ 6
Coagent’s Address: ___________________________________________________________ 7
Coagent’s Telephone Number: _________________________________________________ 8
Special Instructions Regarding Coagents: ____________________________________________ 9
___________________________________________________________________________________ 10
___________________________________________________________________________________ 11
___________________________________________________________________________________ 12
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 13
If my agent is unable or unwilling to act for me, I name as my successor agent: 14
Name of Successor Agent: _____________________________________________________ 15
Successor Agent’s 16
Address: _____________________________________________________________________ 17
Successor Agent’s Telephone Number: __________________________________________ 18
If my successor agent is unable or unwilling to act for me, I name as my second successor 19
agent: 20
Name of Second Successor 21
Agent: _______________________________________________________________________ 22
Second Successor Agent’s 23
Address: _____________________________________________________________________ 24
Second Successor Agent’s Telephone Number: ___________________________________ 25
GRANT OF GENERAL AUTHORITY 26
I (“the principal”) grant my agent and any successor agent, with respect to each subject 27
that I choose below, the authority to do all acts that I could do to: 28
(1) Demand, receive, and obtain by litigation or otherwise, money or 29
another thing of value to which the principal is, may become, or claims to be entitled, and 30 18 HOUSE BILL 18
conserve, invest, disburse, or use anything so received or obtained for the purposes 1
intended; 2
(2) Contract with another person, on terms agreeable to the agent, to 3
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 4
restate, release, or modify the contract or another contract made by or on behalf of the 5
principal; 6
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or 7
communication the agent considers desirable to accomplish a purpose of a transaction, 8
including creating a schedule contemporaneously or at a later time listing some or all of the 9
principal’s property and attaching the schedule to this power of attorney; 10
(4) Initiate, participate in, submit to alternative dispute resolution, settle, 11
oppose, or propose or accept a compromise with respect to a claim existing in favor of or 12
against the principal or intervene in litigation relating to the claim; 13
(5) Seek on the principal’s behalf the assistance of a court or other 14
governmental agency to carry out an act authorized in this power of attorney; 15
(6) Engage, compensate, and discharge an attorney, accountant, 16
discretionary investment manager, expert witness, or other advisor; 17
(7) Prepare, execute, and file a record, report, or other document to 18
safeguard or promote the principal’s interest under a statute or regulation; 19
(8) Communicate with representatives or employees of a government or 20
governmental subdivision, agency, or instrumentality, on behalf of the principal; 21
(9) Access communications intended for, and communicate on behalf of the 22
principal, whether by mail, electronic transmission, telephone, or other means; and 23
(10) Do lawful acts with respect to the subject and all property related to the 24
subject. 25
(INITIAL each authority in any subject you want to include in the agent’s general 26
authority. Cross through each authority in any subject that you want to exclude. If you 27
wish to grant general authority over an entire subject, you may initial “All of the above” 28
instead of initialing each authority.) 29
SUBJECTS AND AUTHORITY 30
A. Real Property – With respect to this category, I authorize my agent to: 31
(___) Demand, buy, lease, receive, accept as a gift or as security for an 32
extension of credit, or otherwise acquire or reject an interest in real property or a right 33
incident to real property 34 HOUSE BILL 18 19
(___) Sell, exchange, convey with or without covenants, representations, or 1
warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 2
consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 3
other governmental permits, plat or consent to platting, develop, grant an option 4
concerning, lease, sublease, contribute to an entity in exchange for an interest in that 5
entity, or otherwise grant or dispose of an interest in real property or a right incident to 6
real property 7
(___) Pledge or mortgage an interest in real property or right incident to real 8
property as security to borrow money or pay, renew, or extend the time of payment of a 9
debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 10
(___) Release, assign, satisfy, or enforce by litigation or otherwise a 11
mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 12
property that exists or is asserted 13
(___) Manage or conserve an interest in real property or a right incident to 14
real property owned or claimed to be owned by the principal, including: 15
(1) Insuring against liability or casualty or other loss; 16
(2) Obtaining or regaining possession of or protecting the interest or 17
right by litigation or otherwise; 18
(3) Paying, assessing, compromising, or contesting taxes or 19
assessments or applying for and receiving refunds in connection with them; and 20
(4) Purchasing supplies, hiring assistance or labor, and making 21
repairs or alterations to the real property 22
(___) Use, develop, alter, replace, remove, erect, or install structures or other 23
improvements on real property in or incident to which the principal has, or claims to have, 24
an interest or right 25
(___) Participate in a reorganization with respect to real property or an entity 26
that owns an interest in or a right incident to real property and receive, hold, and act with 27
respect to stocks and bonds or other property received in a plan of reorganization, including: 28
(1) Selling or otherwise disposing of the stocks and bonds or other 29
property; 30
(2) Exercising or selling an option, a right of conversion, or a similar 31
right with respect to the stocks and bonds or other property; and 32
(3) Exercising voting rights in person or by proxy 33
20 HOUSE BILL 18
(___) Change the form of title of an interest in or a right incident to real 1
property 2
(___) Dedicate to public use, with or without consideration, easements or 3
other real property in which the principal has, or claims to have, an interest 4
(___) All of the above 5
B. Tangible Personal Property – With respect to this subject, I authorize my 6
agent to: 7
(___) Demand, buy, receive, accept as a gift or as security for an extension of 8
credit, or otherwise acquire or reject ownership or possession of tangible personal property 9
or an interest in tangible personal property 10
(___) Sell, exchange, convey with or without covenants, representations, or 11
warranties, quitclaim, release, surrender, create a security interest in, grant options 12
concerning, lease, sublease, or otherwise dispose of tangible personal property or an 13
interest in tangible personal property 14
(___) Grant a security interest in tangible personal property or an interest in 15
tangible personal property as security to borrow money or pay, renew, or extend the time 16
of payment of a debt of the principal or a debt guaranteed by the principal 17
(___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 18
interest, lien, or other claim on behalf of the principal, with respect to tangible personal 19
property or an interest in tangible personal property 20
(___) Manage or conserve tangible personal property or an interest in 21
tangible personal property on behalf of the principal, including: 22
(1) Insuring against liability or casualty or other loss; 23
(2) Obtaining or regaining possession of or protecting the property 24
or interest, by litigation or otherwise; 25
(3) Paying, assessing, compromising, or contesting taxes or 26
assessments or applying for and receiving refunds in connection with taxes or assessments; 27
(4) Moving the property from place to place; 28
(5) Storing the property for hire or on a gratuitous bailment; and 29
(6) Using and making repairs, alterations, or improvements to the 30
property 31
(___) Change the form of title of an interest in tangible personal property 32 HOUSE BILL 18 21
(___) All of the above 1
C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 2
(___) Buy, sell, and exchange stocks and bonds 3
(___) Establish, continue, modify, or terminate an account with respect to 4
stocks and bonds 5
(___) Pledge stocks and bonds as security to borrow, pay, renew, or extend 6
the time of payment of a debt of the principal 7
(___) Receive certificates and other evidences of ownership with respect to 8
stocks and bonds 9
(___) Exercise voting rights with respect to stocks and bonds in person or by 10
proxy, enter into voting trusts, and consent to limitations on the right to vote 11
(___) All of the above 12
D. Commodities – With respect to this subject, I authorize my agent to: 13
(___) Buy, sell, exchange, assign, settle, and exercise commodity futures 14
contracts and call or put options on stocks or stock indexes traded on a regulated option 15
exchange 16
(___) Establish, continue, modify, and terminate option accounts 17
(___) All of the above 18
E. Banks and Other Financial Institutions – With respect to this subject, I 19
authorize my agent to: 20
(___) Continue, modify, transact all business in connection with, and 21
terminate an account or other banking arrangement made by or on behalf of the principal 22
(___) Establish, modify, transact all business in connection with, and 23
terminate an account or other banking arrangement with a bank, trust company, savings 24
and loan association, credit union, thrift company, brokerage firm, or other financial 25
institution selected by the agent 26
(___) Contract for services available from a financial institution, including 27
renting a safe deposit box or space in a vault 28
(___) Deposit by check, money order, electronic funds transfer, or otherwise 29
with, or leave in the custody of, a financial institution money or property of the principal 30 22 HOUSE BILL 18
(___) Withdraw, by check, money order, electronic funds transfer, or 1
otherwise, money or property of the principal deposited with or left in the custody of a 2
financial institution 3
(___) Receive statements of account, vouchers, notices, and similar 4
documents from a financial institution and act with respect to them 5
(___) Enter a safe deposit box or vault and withdraw or add to the contents 6
(___) Borrow money and pledge as security personal property of the principal 7
necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 8
principal or a debt guaranteed by the principal 9
(___) Make, assign, draw, endorse, discount, guarantee, and negotiate 10
promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 11
principal or payable to the principal or the principal’s order, transfer money, receive the 12
cash or other proceeds of those transactions, and accept a draft drawn by a person on the 13
principal and pay the draft when due 14
(___) Receive for the principal and act on a sight draft, warehouse receipt, 15
other document of title whether tangible or electronic, or other negotiable or nonnegotiable 16
instrument 17
(___) Apply for, receive, and use letters of credit, credit cards and debit cards, 18
electronic transaction authorizations, and traveler’s checks from a financial institution and 19
give an indemnity or other agreement in connection with letters of credit 20
(___) Consent to an extension of the time of payment with respect to 21
commercial paper or a financial transaction with a financial institution 22
(___) All of the above 23
F. Operation of an Entity or a Business – With respect to this subject, I authorize 24
my agent to: 25
(___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 26
(___) Perform a duty or discharge a liability and exercise in person or by 27
proxy a right, power, privilege, or an option that the principal has, may have, or claims to 28
have 29
(___) Enforce the terms of an ownership agreement 30
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 31
oppose, or propose or accept a compromise with respect to litigation to which the principal 32
is a party because of an ownership interest 33 HOUSE BILL 18 23
(___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 1
right, power, privilege, or an option the principal has or claims to have as the holder of 2
stocks and bonds 3
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 4
oppose, or propose or accept a compromise with respect to litigation to which the principal 5
is a party concerning stocks and bonds 6
(___) With respect to an entity or business owned solely by the principal: 7
(1) Continue, modify, renegotiate, extend, and terminate a contract 8
made by or on behalf of the principal with respect to the entity or business before execution 9
of this power of attorney; 10
(2) Determine: 11
(i) The location of the operation of the entity or business; 12
(ii) The nature and extent of the business of the entity or 13
business; 14
(iii) The methods of manufacturing, selling, merchandising, 15
financing, accounting, and advertising employed in the operation of the entity or business; 16
(iv) The amount and types of insurance carried by the entity 17
or business; and 18
(v) The mode of engaging, compensating, and dealing with the 19
employees and accountants, attorneys, or other advisors of the entity or business; 20
(3) Change the name or form of organization under which the entity 21
or business is operated and enter into an ownership agreement with other persons to take 22
over all or part of the operation of the entity or business; and 23
(4) Demand and receive money due or claimed by the principal or on 24
the principal’s behalf in the operation of the entity or business and control and disburse the 25
money in the operation of the entity or business 26
(___) Put additional capital into an entity or a business in which the principal 27
has an interest 28
(___) Join in a plan of reorganization, consolidation, conversion, 29
domestication, or merger of the entity or business 30
(___) Sell or liquidate all or part of an entity or business 31
24 HOUSE BILL 18
(___) Establish the value of an entity or a business under a buyout agreement 1
to which the principal is a party 2
(___) Prepare, sign, file, and deliver reports, compilations of information, 3
returns, or other papers with respect to an entity or business and make related payments 4
(___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 5
perform other acts to protect the principal from illegal or unnecessary taxation, 6
assessments, fines, or penalties, with respect to an entity or a business, including attempts 7
to recover, as permitted by law, money paid before or after the execution of this power of 8
attorney 9
(___) All of the above 10
G. Insurance and Annuities – With respect to this subject, I authorize my agent 11
to: 12
(___) Continue, pay the premium or make a contribution on, modify, 13
exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 14
that insures or provides an annuity to either the principal or another person, whether or 15
not the principal is a beneficiary under the contract 16
(___) Procure new, different, and additional contracts of insurance and 17
annuities for the principal and the principal’s spouse, children, and other dependents, and 18
select the amount, type of insurance or annuity, and mode of payment 19
(___) Pay the premium or make a contribution on, modify, exchange, rescind, 20
release, or terminate a contract of insurance or annuity procured by the agent 21
(___) Apply for and receive a loan secured by a contract of insurance or 22
annuity 23
(___) Surrender and receive the cash surrender value on a contract of 24
insurance or annuity 25
(___) Exercise an election 26
(___) Exercise investment powers available under a contract of insurance or 27
annuity 28
(___) Change the manner of paying premiums on a contract of insurance or 29
annuity 30
(___) Change or convert the type of insurance or annuity with respect to 31
which the principal has or claims to have authority described in this section 32
HOUSE BILL 18 25
(___) Apply for and procure a benefit or assistance under a statute or 1
regulation to guarantee or pay premiums of a contract of insurance on the life of the 2
principal 3
(___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 4
of the principal in a contract of insurance or annuity 5
(___) Select the form and timing of the payment of proceeds from a contract 6
of insurance or annuity 7
(___) Pay, from proceeds or otherwise, compromise or contest, and apply for 8
refunds in connection with a tax or assessment levied by a taxing authority with respect to 9
a contract of insurance or annuity or the proceeds or liability from the contract of insurance 10
or annuity accruing by reason of the tax or assessment 11
(___) All of the above 12
H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 13
estates, guardianships, conservatorships, escrows, or custodianships or funds from which 14
the principal is, may become, or claims to be entitled to a share or payment) – With respect 15
to this subject, I authorize my agent to: 16
(___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 17
or payment from the fund described above 18
(___) Demand or obtain money or another thing of value to which the 19
principal is, may become, or claims to be entitled by reason of the fund described above, by 20
litigation or otherwise 21
(___) Exercise for the benefit of the principal a presently exercisable general 22
power of appointment held by the principal 23
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 24
oppose, or propose or accept a compromise with respect to litigation to ascertain the 25
meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 26
transaction affecting the interest of the principal 27
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 28
oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 29
or surcharge a fiduciary 30
(___) Conserve, invest, disburse, or use anything received for an authorized 31
purpose 32
(___) Transfer an interest of the principal in real property, stocks and bonds, 33
accounts with financial institutions or securities intermediaries, insurance, annuities, and 34
other property to the trustee of a revocable trust created by the principal as settlor 35 26 HOUSE BILL 18
(___) Reject, renounce, disclaim, release, or consent to a reduction in or 1
modification of a share in or payment from the fund described above 2
(___) Elect to take an elective share of an estate subject to election under § 3
3–403 of the Estates and Trusts Article 4
(___) All of the above 5
I. Claims and Litigation – With respect to this subject, I authorize my agent to: 6
(___) Assert and maintain before a court or administrative agency a claim, 7
claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 8
action to recover property or other thing of value, recover damages sustained by the 9
principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 10
other relief 11
(___) Bring an action to determine adverse claims or intervene or otherwise 12
participate in litigation 13
(___) Seek an attachment, garnishment, order of arrest, or other preliminary, 14
provisional, or intermediate relief and use an available procedure to effect or satisfy a 15
judgment, order, or decree 16
(___) Make or accept a tender, offer of judgment, or admission of facts, submit 17
a controversy on an agreed statement of facts, consent to examination, and bind the 18
principal in litigation 19
(___) Submit to alternative dispute resolution, settle, and propose or accept 20
a compromise 21
(___) Waive the issuance and service of process on the principal, accept 22
service of process, appear for the principal, designate persons on which process directed to 23
the principal may be served, execute and file or deliver stipulations on the principal’s 24
behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 25
bonds, contract and pay for the preparation and printing of records and briefs, receive, 26
execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 27
of judgment, notice, agreement, or other instrument in connection with the prosecution, 28
settlement, or defense of a claim or litigation 29
(___) Act for the principal with respect to bankruptcy or insolvency, whether 30
voluntary or involuntary, concerning the principal or some other person, or with respect to 31
a reorganization, receivership, or application for the appointment of a receiver or trustee 32
that affects an interest of the principal in property or other thing of value 33
(___) Pay a judgment, award, or order against the principal or a settlement 34
made in connection with a claim or litigation 35 HOUSE BILL 18 27
(___) Receive money or other thing of value paid in settlement of or as 1
proceeds of a claim or litigation 2
(___) All of the above 3
J. Personal and Family Maintenance – With respect to this subject, I authorize 4
my agent to: 5
(___) Perform the acts necessary to maintain the customary standard of 6
living of the principal, the principal’s spouse, and the following individuals, whether living 7
when this power of attorney is executed or later born: 8
(1) The principal’s children; 9
(2) Other individuals legally entitled to be supported by the 10
principal; and 11
(3) The individuals whom the principal has customarily supported 12
or indicated the intent to support; 13
(___) Make periodic payments of child support and other family maintenance 14
required by a court or governmental agency or an agreement to which the principal is a 15
party 16
(___) Provide living quarters for the individuals described above by: 17
(1) Purchase, lease, or other contract; or 18
(2) Paying the operating costs, including interest, amortization 19
payments, repairs, improvements, and taxes, for premises owned by the principal or 20
occupied by those individuals 21
(___) Provide normal domestic help, usual vacations and travel expenses, and 22
funds for shelter, clothing, food, appropriate education, including postsecondary and 23
vocational education, and other current living costs for the individuals described above 24
(___) Pay expenses for necessary health care and custodial care on behalf of 25
the individuals described above 26
(___) Act as the principal’s personal representative in accordance with the 27
Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 28
Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 29
the past, present, or future payment for the provision of health care consented to by the 30
principal or anyone authorized under the law of this State to consent to health care on 31
behalf of the principal 32
28 HOUSE BILL 18
(___) Continue provisions made by the principal for automobiles or other 1
means of transportation, including registering, licensing, insuring, and replacing the 2
means of transportation, for the individuals described above 3
(___) Maintain credit and debit accounts for the convenience of the 4
individuals described above and open new accounts 5
(___) Continue payments incidental to the membership or affiliation of the 6
principal in a religious institution, club, society, order, or other organization or to continue 7
contributions to those organizations 8
(NOTE: Authority with respect to personal and family maintenance is neither 9
dependent on, nor limited by, authority that an agent may or may not have with respect to 10
gifts under this power of attorney.) 11
(___) All of the above 12
K. Benefits from Governmental Programs or Civil or Military Service (including 13
any benefit, program, or assistance provided under a statute or regulation including Social 14
Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: 15
(___) Execute vouchers in the name of the principal for allowances and 16
reimbursements payable by the United States or a foreign government or by a state or 17
subdivision of a state to the principal, including allowances and reimbursements for 18
transportation of the individuals described in “J. Personal and Family Maintenance” above, 19
and for shipment of the household effects of those individuals 20
(___) Take possession and order the removal and shipment of property of the 21
principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 22
either governmental or private, and execute and deliver a release, voucher, receipt, bill of 23
lading, shipping ticket, certificate, or other instrument for that purpose 24
(___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 25
QUALIFY FOR A GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING 26
PERSONAL AND FINANCI AL RECORDS AND , TO THE EXTENT SPECIF ICALLY 27
AUTHORIZED BELOW , TO TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 28
(___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 29
principal’s behalf, a GOVERNMENTAL benefit or program 30
(___) Prepare, file, and maintain a claim of the principal for a benefit or 31
assistance, financial or otherwise, to which the principal may be entitled under a statute 32
or regulation 33
(___) Initiate, participate in, submit to alternative dispute resolution, settle, 34
oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 35
assistance the principal may be entitled to receive under a statute or regulation 36 HOUSE BILL 18 29
(___) Receive the financial proceeds of a claim described above and conserve, 1
invest, disburse, or use for a lawful purpose anything so received 2
(___) All of the above 3
L. Retirement Plans (including a plan or account created by an employer, the 4
principal, or another individual to provide retirement benefits or deferred compensation of 5
which the principal is a participant, beneficiary, or owner, including a plan or account 6
under the following sections of the Internal Revenue Code: 7
(1) An individual retirement account under Internal Revenue Code Section 8
408, 26 U.S.C. § 408; 9
(2) A Roth individual retirement account under Internal Revenue Code 10
Section 408A, 26 U.S.C. § 408A; 11
(3) A deemed individual retirement account under Internal Revenue Code 12
Section 408(q), 26 U.S.C. § 408(q); 13
(4) An annuity or mutual fund custodial account under Internal Revenue 14
Code Section 403(b), 26 U.S.C. § 403(b); 15
(5) A pension, profit–sharing, stock bonus, or other retirement plan 16
qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 17
(6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 18
and 19
(7) A nonqualified deferred compensation plan under Internal Revenue 20
Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 21
to: 22
(___) Select the form and timing of payments under a retirement plan and 23
withdraw benefits from a plan 24
(___) Make a rollover, including a direct trustee–to–trustee rollover, of 25
benefits from one retirement plan to another 26
(___) Establish a retirement plan in the principal’s name 27
(___) Make contributions to a retirement plan 28
(___) Exercise investment powers available under a retirement plan 29
(___) Borrow from, sell assets to, or purchase assets from a retirement plan 30
30 HOUSE BILL 18
(___) All of the above 1
M. Taxes – With respect to this subject, I authorize my agent to: 2
(___) Prepare, sign, and file federal, state, local, and foreign income, gift, 3
payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 4
refunds, requests for extension of time, petitions regarding tax matters, and other 5
tax–related documents, including receipts, offers, waivers, consents, including consents 6
and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 7
agreements, and other powers of attorney required by the Internal Revenue Service or other 8
taxing authority with respect to a tax year on which the statute of limitations has not run 9
and the following 25 tax years 10
(___) Pay taxes due, collect refunds, post bonds, receive confidential 11
information, and contest deficiencies determined by the Internal Revenue Service or other 12
taxing authority 13
(___) Exercise elections available to the principal under federal, state, local, 14
or foreign tax law 15
(___) Act for the principal in all tax matters for all periods before the Internal 16
Revenue Service, or other taxing authority 17
(___) All of the above 18
N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 19
SUBJECT, I AUTHORIZE MY AGENT T O: 20
(___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 21
FOR THE BENEFIT OF A PER SON, INCLUDING THE PRINCI PAL, a trust, an account under 22
the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 23
defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 24
as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 25
to this subject, I authorize my agent to: 26
(___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 27
NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL 28
SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 29
presently exercisable general power of appointment held by the principal, in an amount for 30
each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 31
Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 32
federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 33
a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 34
for each donee not to exceed twice the annual federal gift tax exclusion limit 35
HOUSE BILL 18 31
(___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 1
2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 2
not to exceed the aggregate annual gift tax exclusions for both spouses 3
(NOTE: An agent may only make a gift of the principal’s property as the agent 4
determines is consistent with the principal’s objectives if actually known by the agent and, 5
if unknown, as the agent determines is consistent with the principal’s best interest based 6
on all relevant factors, including: 7
(1) The value and nature of the principal’s property; 8
(2) The principal’s foreseeable obligations and need for maintenance; 9
(3) Minimization of taxes, including income, estate, inheritance, 10
generation–skipping transfer, and gift taxes; 11
(4) Eligibility for a benefit, a program, or assistance under a statute or 12
regulation; and 13
(5) The principal’s personal history of making or joining in making gifts.) 14
(___) All of the above 15
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 16
[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 17
for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 18
(Caution: Granting any of the following will give your agent the authority to take actions 19
that could significantly reduce your property or change how your property is distributed at 20
your death. In addition, granting your agent the authority to make gifts to, or to designate 21
as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 22
the agent may constitute a taxable gift by you and may make the property subject to that 23
authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 24
WANT to give your agent.) 25
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 26
POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR 27
TRANSFER 28
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 29
POWER OF ATTORNEY IN FAVOR OF MY AGENT 30
(___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 31
existing inter vivos trust if the trust expressly authorizes that action by the agent] 32
INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 33 32 HOUSE BILL 18
THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 1
OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 2
INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 3
PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 4
DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 5
TRUST, OR OTHER INSTRUMENT 6
(___) AMEND, REVOKE, OR TERMINATE AN EXISTING INTER VIVOS TRUST IF 7
THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT 8
(___) Make a gift, subject to any special instructions in this power of attorney, 9
INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN 10
MEETING THE ELIG IBILITY REQUIREMENTS AND QUALIFYING FOR A 11
GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING GIFTS TO O R IN FAVOR OF MY 12
AGENT WHO IS MY SPOU SE OR DESCENDANT 13
(___) Create or change rights of survivorship 14
(___) Create or change a beneficiary designation, subject to any special instructions 15
in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 16
agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 17
authority within the special instructions of this power of attorney or in a separate power of 18
attorney 19
(___) Authorize another person to exercise the authority granted under this power 20
of attorney 21
(___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, 22
including a survivor benefit under a retirement plan 23
(___) Exercise fiduciary powers that the principal has authority to delegate 24
(___) Disclaim or refuse an interest in property, including a power of appointment 25
(___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 26
access and take control of (1) the content of any of my electronic communications, (2) any 27
catalogue of electronic communications sent or received by me, and (3) any other digital 28
asset in which I have a right or interest 29
(___) Demand the delivery of the principal’s will from the custodian of the will and, 30
on delivery of the principal’s will, take custody of the will subject to the requirements of 31
Title 4, Subtitle 2 of the Estates and Trusts Article 32
LIMITATION ON AGENT’S AUT HORITY 33
HOUSE BILL 18 33
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 1
benefit the agent or a person to whom the agent owes an obligation of support unless I have 2
included that authority in the Special Instructions. 3
SPECIAL INSTRUCTIONS (OPTIONAL) 4
You may give special instructions on the following lines: 5
___________________________________________________________________________________ 6
___________________________________________________________________________________ 7
___________________________________________________________________________________ 8
___________________________________________________________________________________ 9
___________________________________________________________________________________ 10
___________________________________________________________________________________ 11
___________________________________________________________________________________ 12
EFFECTIVE DATE 13
This power of attorney is effective immediately unless I have stated otherwise in the Special 14
Instructions. 15
TERMINATION DATE (OPTIONAL) 16
This power of attorney shall terminate on _______________________________, 20______. 17
(Use a specific calendar date) 18
NOMINATION OF GUARDIAN (OPTIONAL) 19
If it becomes necessary for a court to appoint a guardian of my property or guardian of my 20
person, I nominate the following person(s) for appointment: 21
Name of Nominee for guardian of my property: 22
_____________________________________________________________________________ 23
Nominee’s Address: __________________________________________________________ 24
Nominee’s Telephone Number: ________________________________________________ 25
Name of Nominee for guardian of my person: 26
______________________________________________________________________________ 27
Nominee’s Address: ___________________________________________________________ 28
Nominee’s Telephone Number: _________________________________________________ 29
SIGNATURE AND ACKNOWLEDGMENT 30
_____________________________________________ ______________________________ 31
Your Signature Date 32
______________________________________________________________________________ 33 34 HOUSE BILL 18
Your Name Printed 1
______________________________________________________________________________ 2
______________________________________________________________________________ 3
Your Address 4
______________________________________________________________________________ 5
Your Telephone Number 6
STATE OF MARYLAND 7
(COUNTY) OF _______________________________________________________________ 8
This document was acknowledged before me on 9
______________________________________________________________________________, 10
(Date) 11
by ___________________________________________________________________________. 12
(Name of Principal) 13
__________________________________________________________________ (Seal, if any) 14
Signature of Notary 15
My commission expires: _______________________________________________________ 16
WITNESS ATTESTATION 17
The foregoing power of attorney was, on the date written above, published and declared by 18
______________________________________________________________________________ 19
(Name of Principal) 20
in our presence to be his/her power of attorney. We, in his/her presence and at his/her 21
request, and in the presence of each other, have attested to the same and have signed our 22
names as attesting witnesses. 23
____________________________________________ 24
Witness #1 Signature 25
____________________________________________ 26
Witness #1 Name Printed 27
____________________________________________ 28
____________________________________________ 29
Witness #1 Address 30
____________________________________________ 31
Witness #1 Telephone Number 32
____________________________________________ 33
Witness #2 Signature 34
____________________________________________ 35
Witness #2 Name Printed 36 HOUSE BILL 18 35
____________________________________________ 1
____________________________________________ 2
Witness #2 Address 3
____________________________________________ 4
Witness #2 Telephone Number 5
This document prepared by: 6
___________________________________________________________________________________ 7
_________________________________________________________________________ 8
IMPORTANT INFORMATION FOR AGENT 9
Agent’s Duties 10
When you accept the authority granted under this power of attorney, a special legal 11
relationship is created between you and the principal. This relationship imposes on you 12
legal duties that continue until you resign or the power of attorney is terminated or revoked. 13
You must: 14
(1) Do what you know the principal reasonably expects you to do with the 15
principal’s property or, if you do not know the principal’s expectations, act in the principal’s 16
best interest; 17
(2) Act with care, competence, and diligence for the best interest of the principal; 18
(3) Do nothing beyond the authority granted in this power of attorney; and 19
(4) Disclose your identity as an agent whenever you act for the principal by 20
writing or printing the name of the principal and signing your own name as “agent” in the 21
following manner: 22
__________________________________ ______________________________________ 23
(Principal’s Name) by (Your Signature) as Agent 24
Unless the Special Instructions in this power of attorney state otherwise, you must also: 25
(1) Act loyally for the principal’s benefit; 26
(2) Avoid conflicts that would impair your ability to act in the principal’s best 27
interest; 28
(3) Keep a record of all receipts, disbursements, and transactions made on behalf 29
of the principal; 30
36 HOUSE BILL 18
(4) Cooperate with any person that has authority to make health care decisions 1
for the principal to do what you know the principal reasonably expects or, if you do not 2
know the principal’s expectations, to act in the principal’s best interest; and 3
(5) Attempt to preserve the principal’s estate plan if you know the plan and 4
preserving the plan is consistent with the principal’s best interest. 5
Termination of Agent’s Authority 6
You must stop acting on behalf of the principal if you learn of any event that terminates 7
this power of attorney or your authority under this power of attorney. Events that 8
terminate a power of attorney or your authority to act under a power of attorney include: 9
(1) Death of the principal; 10
(2) The principal’s revocation of the power of attorney or your authority; 11
(3) The occurrence of a termination event stated in the power of attorney; 12
(4) The purpose of the power of attorney is fully accomplished; or 13
(5) If you are married to the principal, a legal action is filed with a court to end 14
your marriage, or for your legal separation, unless the Special Instructions in this power of 15
attorney state that such an action will not terminate your authority. 16
Liability of Agent 17
The meaning of the authority granted to you is defined in the Maryland Power of Attorney 18
Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 19
Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 20
granted, you may be liable for any damages caused by your violation. 21
If there is anything about this document or your duties that you do not understand, you 22
should seek legal advice.” 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2023. 25