Maryland 2023 Regular Session

Maryland House Bill HB18 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 696
21
3-– 1 –
4-Chapter 696
5-(House Bill 18)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0018*
89
9-Maryland General and Limited Power of Attorney Act – Assistance With
10-Governmental Benefits and Programs Alterations
10+HOUSE BILL 18
11+N2 3lr0639
12+HB 92/22 – JUD (PRE–FILED) CF SB 851
13+By: Delegate Hill Delegates Hill and Kaufman
14+Requested: October 27, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Judiciary
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 4, 2023
1120
12-FOR the purpose of altering a certain statutory form for a general power of attorney by
13-including certain provisions informing the principal and agent of certain matters,
14-granting general authority with respect to tangible personal property and trusts and
15-estates, authorizing the principal to grant the agent certain specific powers relating
16-to successor agents, compensation, gifts or transfers, and opening joint accounts and
17-beneficiary designations, and clarifying the force and effect of the form; altering
18-certain statutory forms for a power of attorney to include certain provisions relating
19-to the authority of an agent to perform certain acts relating to eligibility and
20-qualifications for certain governmental benefits or programs; altering a certain
21-provision in a certain statutory form for a limited power of attorney relating to the
22-authority of an agent to make a gift of part or all of a principal’s property or to take
23-certain actions with respect to certain trusts under certain circumstances; and
24-generally relating to powers of attorney.
21+CHAPTER ______
2522
26-BY repealing and reenacting, with amendments,
27- Article – Estates and Trusts
28-Section 17–202 and 17–203
29- Annotated Code of Maryland
30- (2022 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
3124
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
25+Maryland General and Limited Power of Attorney Act – Assistance With 2
26+Governmental Benefits and Programs Alterations 3
3427
35-Article – Estates and Trusts
28+FOR the purpose of altering a certain statutory form for a general power of attorney by 4
29+including certain provisions informing the principal and agent of certain matters, 5
30+granting general authority with respect to tangible personal property and trusts and 6
31+estates, authorizing the principal to grant the agent certain specific powers relating 7
32+to successor agents, compensation, gifts or transfers, and opening joint accounts and 8
33+beneficiary designations, and clarifying the force and effect of the form; altering 9
34+certain statutory forms for a power of attorney to include certain provisions relating 10
35+to the authority of an agent to perform certain acts relating to eligibility and 11
36+qualifications for certain governmental benefits or programs; altering a certain 12
37+provision in a certain statutory form for a limited power of attorney relating to the 13
38+authority of an agent to make a gift of part or all of a principal’s property or to take 14
39+certain actions with respect to certain trusts under certain circumstances; and 15
40+generally relating to powers of attorney. 16
3641
37-17–202.
42+BY repealing and reenacting, with amendments, 17
43+ Article – Estates and Trusts 18
44+Section 17–202 and 17–203 19
45+ Annotated Code of Maryland 20
46+ (2022 Replacement Volume and 2022 Supplement) 21
47+ 2 HOUSE BILL 18
3848
39-“MARYLAND STATUTORY FORM
4049
41-PERSONAL FINANCIAL POWER OF ATTORNEY
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
4252
43-IMPORTANT INFORMATION AND WARNING
53+Article – Estates and Trusts 3
4454
45-You should be very careful in deciding whether or not to sign this document. The powers
46-granted by you (the principal) in this document are broad and sweeping. This power of
47-attorney authorizes another person (your agent) to make decisions concerning your
48-property for you (the principal). Your agent will be able to make decisions and act with Ch. 696 2023 LAWS OF MARYLAND
55+17–202. 4
4956
50-– 2 –
51-respect to your property (including your money) whether or not you are able to act for
52-yourself.
57+“MARYLAND STATUTORY FORM 5
5358
54-You should select someone you trust to serve as your agent. Unless you specify otherwise,
55-generally the agent’s authority will continue until you die or revoke the power of attorney
56-or the agent resigns or is unable to act for you.
59+PERSONAL FINANCIAL POWER OF ATTORNEY 6
5760
58-You need not grant all of the powers listed below. If you choose to grant less than all of the
59-listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney
60-and mark on that Maryland Statutory Form Limited Power of Attorney which powers you
61-intend to delegate to your attorney–in–fact (the Agent) and which you do not want the
62-Agent to exercise.
61+IMPORTANT INFORMATION AND WARNING 7
6362
64-YOU SHOULD UNDERSTAND THAT GRANTING YOUR AGENT THE AUTHORITY TO TAK E
65-ACTIONS UNDER THIS P OWER OF ATTORNEY MAY :
63+You should be very careful in deciding whether or not to sign this document. The powers 8
64+granted by you (the principal) in this document are broad and sweeping. This power of 9
65+attorney authorizes another person (your agent) to make decisions concerning your 10
66+property for you (the principal). Your agent will be able to make decisions and act with 11
67+respect to your property (including your money) whether or not you are able to act for 12
68+yourself. 13
6669
67- (1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR
68-ACCESS TO YOUR ASSET S;
70+You should select someone you trust to serve as your agent. Unless you specify otherwise, 14
71+generally the agent’s authority will continue until you die or revoke the power of attorney 15
72+or the agent resigns or is unable to act for you. 16
6973
70- (2) CHANGE HOW YOUR PROPE RTY IS DISTRIBUTED U NDER YOUR
71-EXISTING ESTATE PLAN S TO YOUR HEIRS OR OTHERS ON Y OUR DEATH; OR
74+You need not grant all of the powers listed below. If you choose to grant less than all of the 17
75+listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 18
76+and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 19
77+intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 20
78+Agent to exercise. 21
7279
73- (3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS.
80+YOU SHOULD UNDERSTAND THAT GRANTING YOUR A GENT THE AUTHORITY T O TAKE 22
81+ACTIONS UNDER THIS P OWER OF ATTORNEY MAY : 23
7482
75-This power of attorney becomes effective immediately unless you state otherwise in the
76-Special Instructions.
83+ (1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR 24
84+ACCESS TO YOUR ASSET S; 25
7785
78-You should obtain competent legal advice before you sign this power of attorney if you have
79-any questions about the document or the authority you are granting to your agent.
86+ (2) CHANGE HOW YOUR PROPE RTY IS DISTRIBUTED UNDER YOUR 26
87+EXISTING ESTATE PLAN S TO YOUR HEIRS OR O THERS ON YOUR DEATH ; OR 27
8088
81-IMPORTANT INFORMATION FOR AGENT
89+ (3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS. 28
8290
83-SIMPLY BECAUSE YOU AR E GRANTED A POWER OF ATTORNEY DOES NOT ME AN YOU
84-SHOULD EXERCISE IT . YOU ARE BOUN D BY AN UTMOST DUTY OF LOYALTY TO THE
85-INTERESTS OF THE PRI NCIPAL. YOU MAY NOT ACT IN YO UR OWN SELF–INTEREST.
86-YOU ARE FURTHER LIMIT ED BY LEGAL DUTIES T O THE PRINCIPAL THAT GOVERN
87-YOUR ACTIONS .
91+This power of attorney becomes effective immediately unless you state otherwise in the 29
92+Special Instructions. 30
8893
89-WHEN EXERCISING THE A UTHORITY GRANTED IN THIS POWER OF ATTORN EY, YOU
90-SHALL CONSIDER THE S TATED INTENTIONS OF THE PRINCIPAL REGARD ING THE
91-PRINCIPAL’S SELF–INTEREST, FAMILY, ESTATE, AND TAXES.
94+You should obtain competent legal advice before you sign this power of attorney if you have 31
95+any questions about the document or the authority you are granting to your agent. 32 HOUSE BILL 18 3
9296
93-DESIGNATION OF AGENT
9497
95-This section of the form provides for designation of one agent. WES MOORE, Governor Ch. 696
9698
97-– 3 –
99+IMPORTANT INFORMATION FOR AGENT 1
98100
99-If you wish to name coagents, skip this section and use the next section (“Designation of
100-Coagents”).
101+SIMPLY BECAUSE YOU AR E GRANTED A POWER OF ATTORNEY DOES NOT ME AN YOU 2
102+SHOULD EXERCISE IT . YOU ARE BOUND BY AN U TMOST DUTY OF LOYALT Y TO THE 3
103+INTERESTS OF THE PRI NCIPAL. YOU MAY NOT ACT IN YO UR OWN SELF–INTEREST. 4
104+YOU ARE FURTHER LIMIT ED BY LEGAL DUTIES T O THE PRINCIPAL THAT GOVERN 5
105+YOUR ACTIONS . 6
101106
102-I, ___________________________________________________________________________,
107+WHEN EXERCISING THE AUTHO RITY GRANTED IN THIS POWER OF ATTORNEY , YOU 7
108+SHALL CONSIDER THE S TATED INTENTIONS OF THE PRINCIPAL REGARD ING THE 8
109+PRINCIPAL’S SELF–INTEREST, FAMILY, ESTATE, AND TAXES. 9
103110
104-(Name of Principal)
111+DESIGNATION OF AGENT 10
105112
106-Name the following person as my agent:
113+This section of the form provides for designation of one agent. 11
107114
108-Name of Agent: _______________________________________________________________
115+If you wish to name coagents, skip this section and use the next section (“Designation of 12
116+Coagents”). 13
109117
110-Agent’s Address: ______________________________________________________________
118+I, ___________________________________________________________________________, 14
111119
112-Agent’s Telephone Number: ___________________________________________________
120+(Name of Principal) 15
113121
114-DESIGNATION OF COAGENTS (OPTIONAL)
122+Name the following person as my agent: 16
115123
116-This section of the form provides for designation of two or more coagents. Coagents are
117-required to act together unanimously unless you otherwise provide in this form.
124+Name of Agent: _______________________________________________________________ 17
118125
119-I, ___________________________________________________________________________,
126+Agent’s Address: ______________________________________________________________ 18
120127
121-(Name of Principal)
128+Agent’s Telephone Number: ___________________________________________________ 19
122129
123-Name the following persons as coagents:
130+DESIGNATION OF COAGENTS (OPTIONAL) 20
124131
125-Name of Coagent: ____________________________________________________________
132+This section of the form provides for designation of two or more coagents. Coagents are 21
133+required to act together unanimously unless you otherwise provide in this form. 22
126134
127-Coagent’s Address: ___________________________________________________________
135+I, ___________________________________________________________________________, 23
128136
129-Coagent’s Telephone Number: _________________________________________________
137+(Name of Principal) 24
130138
131-Name of Coagent: ____________________________________________________________
139+Name the following persons as coagents: 25
132140
133-Coagent’s Address: ___________________________________________________________
141+Name of Coagent: ____________________________________________________________ 26
134142
135-Coagent’s Telephone Number: _________________________________________________
143+Coagent’s Address: ___________________________________________________________ 27 4 HOUSE BILL 18
136144
137-Special Instructions Regarding Coagents: _______________________________________
138-___________________________________________________________________________________
139-___________________________________________________________________________________
140-____________________________________________________________________
141145
142-DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
143- Ch. 696 2023 LAWS OF MARYLAND
144146
145-– 4 –
146-If my agent is unable or unwilling to act for me, I name as my successor agent:
147+Coagent’s Telephone Number: _________________________________________________ 1
147148
148-Name of Successor Agent: _____________________________________________________
149+Name of Coagent: ____________________________________________________________ 2
149150
150-Successor Agent’s
151-Address: _____________________________________________________________________
151+Coagent’s Address: ___________________________________________________________ 3
152152
153-Successor Agent’s
154-Telephone Number: ___________________________________________________________
153+Coagent’s Telephone Number: _________________________________________________ 4
155154
156-If my successor agent is unable or unwilling to act for me, I name as my second successor
157-agent:
155+Special Instructions Regarding Coagents: _______________________________________ 5
156+___________________________________________________________________________________ 6
157+___________________________________________________________________________________ 7
158+____________________________________________________________________ 8
158159
159-Name of Second
160-Successor Agent: _____________________________________________________________
160+DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 9
161161
162-Second Successor
163-Agent’s Address: ______________________________________________________________
162+If my agent is unable or unwilling to act for me, I name as my successor agent: 10
164163
165-Second Successor Agent’s
166-Telephone Number: ___________________________________________________________
164+Name of Successor Agent: _____________________________________________________ 11
167165
168-POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR
169-SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL)
166+Successor Agents 12
167+Address: _____________________________________________________________________ 13
170168
171-ONLY IF I HAVE INITIALED BELOW, MY AGENT(S) MAY APPOINT A SUCCES SOR
172-AGENT(S).
169+Successor Agents 14
170+Telephone Number: ___________________________________________________________ 15
173171
174- (___) EACH AGENT, WHILE SERVING IN THA T CAPACITY, MAY APPOINT AN
175-INDIVIDUAL TO SUCCEE D TO THE AGENT ’S OFFICE ON THE AGEN T’S DEATH,
176-RESIGNATION, OR INCAPACITY ; PROVIDED, HOWEVER, THAT AN APPOI NTMENT
177-UNDER THIS SECTION B ECOMES EFFECTIVE ONL Y WHEN NO OTHER AGEN T OR
178-SUCCESSOR AGENT DESI GNATED BY ME IS WILL ING OR ABLE TO ACT .
172+If my successor agent is unable or unwilling to act for me, I name as my second successor 16
173+agent: 17
179174
180-COMPENSATION (OPTIONAL)
175+Name of Second 18
176+Successor Agent: _____________________________________________________________ 19
181177
182-YOUR AGENT IS ENTITLE D TO REIMBURSEMENT F OR THEIR EXPENSES . YOUR AGENT
183-IS ENTITLED TO COMPE NSATION ONLY IF YOU HAVE INITIALED ONE OF THE
184-OPTIONS LISTED BELOW :
178+Second Successor 20
179+Agent’s Address: ______________________________________________________________ 21
185180
186- (___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION .
181+Second Successor Agent’s 22
182+Telephone Number: ___________________________________________________________ 23
187183
188- (___) MY AGENT(S) IS ENTITLED TO THE F OLLOWING COMPENSATIO N:
184+POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR 24
185+SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL) 25
189186
190-GRANT OF GENERAL AUTHORITY WES MOORE, Governor Ch. 696
187+ONLY IF I HAVE INITIALED BELOW, MY AGENT(S) MAY APPOINT A SUCCES SOR 26
188+AGENT(S). 27
191189
192-– 5 –
190+ (___) EACH AGENT, WHILE SERVING IN THA T CAPACITY, MAY APPOINT AN 28
191+INDIVIDUAL TO SUCCEE D TO THE AGENT ’S OFFICE ON THE AGEN T’S DEATH, 29 HOUSE BILL 18 5
193192
194-I (“the principal”) grant my agent and any successor agent, with respect to each subject
195-listed below, the authority to do all acts that I could do to:
196193
197- (1) Contract with another person, on terms agreeable to the agent, to
198-accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
199-restate, release, or modify the contract or another contract made by or on behalf of the
200-principal;
194+RESIGNATION, OR INCAPACITY ; PROVIDED, HOWEVER, THAT AN APPOINTMENT 1
195+UNDER THIS SECTION B ECOMES EFFECTIVE ONL Y WHEN NO OTHER AGEN T OR 2
196+SUCCESSOR AGENT DESI GNATED BY ME IS WILL ING OR ABLE TO ACT . 3
201197
202- (2) Execute, acknowledge, seal, deliver, file, or record any instrument or
203-communication the agent considers desirable to accomplish a purpose of a transaction;
198+COMPENSATION (OPTIONAL) 4
204199
205- (3) Seek on the principal’s behalf the assistance of a court or other
206-governmental agency to carry out an act authorized in this power of attorney;
200+YOUR AGENT IS ENTITLE D TO REIMBURSEMENT FOR THEIR EXPENSES . YOUR AGENT 5
201+IS ENTITLED TO COMPE NSATION ONLY IF YOU HAVE INITIALED ONE OF THE 6
202+OPTIONS LISTED BELOW : 7
207203
208- (4) Initiate, participate in, submit to alternative dispute resolution, settle,
209-oppose, or propose or accept a compromise with respect to a claim existing in favor of or
210-against the principal or intervene in litigation relating to the claim;
204+ (___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION . 8
211205
212- (5) Engage, compensate, and discharge an attorney, accountant,
213-discretionary investment manager, expert witness, or other advisor;
206+ (___) MY AGENT(S) IS ENTITLED TO THE F OLLOWING COMPENSATIO N: 9
214207
215- (6) Prepare, execute, and file a record, report, or other document to
216-safeguard or promote the principal’s interest under a statute or regulation and
217-communicate with representatives or employees of a governmen t or governmental
218-subdivision, agency, or instrumentality, on behalf of the principal; and
208+GRANT OF GENERAL AUTHORITY 10
219209
220- (7) Do lawful acts with respect to the subject and all property related to the
221-subject.
210+I (“the principal”) grant my agent and any successor agent, with respect to each subject 11
211+listed below, the authority to do all acts that I could do to: 12
222212
223-SUBJECTS AND AUTHORITY
213+ (1) Contract with another person, on terms agreeable to the agent, to 13
214+accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 14
215+restate, release, or modify the contract or another contract made by or on behalf of the 15
216+principal; 16
224217
225-My agent’s authority shall include the authority to act as stated below with regard to each
226-of the following subjects:
218+ (2) Execute, acknowledge, seal, deliver, file, or record any instrument or 17
219+communication the agent considers desirable to accomplish a purpose of a transaction; 18
227220
228-Real property – With respect to this subject, I authorize my agent to: demand, buy, sell,
229-convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise
230-acquire or reject an interest in real property or a right incident to real property; pledge or
231-mortgage an interest in real property or right incident to real property as security to borrow
232-money or pay, renew, or extend the time of payment of a debt of the principal or a debt
233-guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or
234-enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract,
235-encumbrance, lien, or other claim to real property that exists or is asserted; and manage or
236-conserve an interest in real property or a right incident to real property owned or claimed
237-to be owned by the principal, including: (1) insuring against liability or casualty or other
238-loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation Ch. 696 2023 LAWS OF MARYLAND
221+ (3) Seek on the principal’s behalf the assistance of a court or other 19
222+governmental agency to carry out an act authorized in this power of attorney; 20
239223
240-– 6 –
241-or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or
242-applying for and receiving refunds in connection with them; and (4) purchasing supplies,
243-hiring assistance or labor, and making repairs or alterations to the real property.
224+ (4) Initiate, participate in, submit to alternative dispute resolution, settle, 21
225+oppose, or propose or accept a compromise with respect to a claim existing in favor of or 22
226+against the principal or intervene in litigation relating to the claim; 23
244227
245-TANGIBLE PERSONAL PRO PERTY, INCLUDING MOTOR VEHI CLES, BOATS, PLANES,
246-AND OTHER TITLED AND UNTITLED TANGIBLE PE RSONAL PROPERTY – WITH
247-RESPECT TO THIS SUBJ ECT, I AUTHORIZE MY AGENT T O: DEMAND, BUY, RECEIVE,
248-ACCEPT AS A GIFT OR AS SECURITY FOR AN E XTENSION OF CREDIT, OR OTHERWISE
249-ACQUIRE OR REJECT OW NERSHIP OR POSSESSIO N OF TANGIBLE PERSON AL
250-PROPERTY OR AN INTER EST IN TANGIBLE PERS ONAL PROPERTY ; SELL, EXCHANGE,
251-CONVEY WITH OR WITHO UT COVENANTS , REPRESENTATIONS , OR WARRANTIES ,
252-QUITCLAIM, RELEASE, SURRENDER , CREATE A SECURITY INTER EST IN, GRANT
253-OPTIONS CONCERNING , LEASE, SUBLEASE, OR OTHERWISE DISPOSE OF TANGIBLE
254-PERSONAL PROPERTY OR AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; GRANT
255-A SECURITY INTEREST IN TANGIBLE PERSONAL PROPERTY OR AN INTER EST IN
256-TANGIBLE PERSO NAL PROPERTY AS SECU RITY TO BORROW MONEY OR PAY, RENEW,
257-OR EXTEND THE TIME O F PAYMENT OF A DEBT OF THE PRINCIPAL OR A DEBT
258-GUARANTEED BY THE PR INCIPAL; RELEASE, ASSIGN, SATISFY, OR ENFORCE BY
259-LITIGATION OR OTHERW ISE, A SECURITY INTEREST , LIEN, OR OTHER CLA IM ON
260-BEHALF OF THE PRINCI PAL, WITH RESPECT TO TANG IBLE PERSONAL PROPER TY OR
261-AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; MANAGE OR CONSERVE
262-TANGIBLE PERSONAL PR OPERTY OR AN INTERES T IN TANGIBLE PERSON AL
263-PROPERTY ON BEHALF O F THE PRINCIPAL , INCLUDING: (1) INSURING AGAINST
264-LIABILITY OR CASUALT Y OR OTHER LOSS ; (2) OBTAINING OR REGAINI NG
265-POSSESSION OF OR PRO TECTING THE PROPERTY OR INTEREST, BY LITIGATION OR
266-OTHERWISE; (3) PAYING, ASSESSING, COMPROMISING , OR CONTESTING TAXES OR
267-ASSESSMENTS OR APPLY ING FOR AND REC EIVING REFUNDS IN CO NNECTION WITH
268-TAXES OR ASSESSMENTS ; (4) MOVING THE PROPERTY FROM PLACE TO PLACE ; (5)
269-STORING THE PROPERTY FOR HIRE OR ON A GRA TUITOUS BAILMENT ; AND (6) USING
270-AND MAKING REPAIRS , ALTERATIONS , OR IMPROVEMENTS TO T HE PROPERTY ; AND
271-CHANGE THE FORM OF TITLE OF AN INTEREST IN TANGI BLE PERSONAL PROPERT Y.
228+ (5) Engage, compensate, and discharge an attorney, accountant, 24
229+discretionary investment manager, expert witness, or other advisor; 25
272230
273-Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and
274-exchange stocks and bonds; establish, continue, modify, or terminate an account with
275-respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or
276-extend the time of payment of a debt of the principal; receive certificates and other
277-evidences of ownership with respect to stocks and bonds; exercise voting rights with respect
278-to stocks and bonds in person or by proxy, enter into voting trusts, and consent to
279-limitations on the right to vote.
231+ (6) Prepare, execute, and file a record, report, or other document to 26
232+safeguard or promote the principal’s interest under a statute or regulation and 27
233+communicate with representatives or employees of a government or governmental 28
234+subdivision, agency, or instrumentality, on behalf of the principal; and 29
280235
281-Banks and other financial institutions – With respect to this subject, I authorize my agent
282-to: continue, modify, transact all business in connection with, and terminate an account or
283-other banking arrangement made by or on behalf of the principal; establish, modify,
284-transact all business in connection with, and terminate an account or other banking WES MOORE, Governor Ch. 696
236+ (7) Do lawful acts with respect to the subject and all property related to the 30
237+subject. 31
285238
286-– 7 –
287-arrangement with a bank, trust company, savings and loan association, credit union, thrift
288-company, brokerage firm, or other financial institution selected by the agent; contract for
289-services available from a financial institution, including renting a safe deposit box or space
290-in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or
291-leave in the custody of, a financial institution money or property of the principal; withdraw,
292-by check, money order, electronic funds transfer, or otherwise, money or property of the
293-principal deposited with or left in the custody of a financial institution; receive statements
294-of account, vouchers, notices, and similar documents from a financial institution and act
295-with respect to them; enter a safe deposit box or vault and withdraw or add to the contents;
296-borrow money and pledge as security personal property of the principal necessary to borrow
297-money or pay, renew, or extend the time of payment of a debt of the principal or a debt
298-guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and
299-negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of
300-the principal or payable to the principal or the principal’s order, transfer money, receive
301-the cash or other proceeds of those transactions; and apply for, receive, and use credit cards
302-and debit cards, electronic transaction authorizations, and traveler’s checks from a
303-financial institution.
239+SUBJECTS AND AUTHORITY 32 6 HOUSE BILL 18
304240
305-Insurance and annuities – With respect to this subject, I authorize my agent to: continue,
306-pay the premium or make a contribution on, modify, exchange, rescind, release, or
307-terminate a contract procured by or on behalf of the principal that insures or provides an
308-annuity to either the principal or another person, whether or not the principal is a
309-beneficiary under the contract; procure new, different, and additional contracts of
310-insurance and annuities for the principal and select the amount, type of insurance or
311-annuity, and mode of payment; pay the premium or make a contribution on, modify,
312-exchange, rescind, release, or terminate a contract of insurance or annuity procured by the
313-agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender
314-and receive the cash surrender value on a contract of insurance or annuity; exercise an
315-election; exercise investment powers available under a contract of insurance or annuity;
316-change the manner of paying premiums on a contract of insurance or annuity; change or
317-convert the type of insurance or annuity with respect to which the principal has or claims
318-to have authority described in this section; apply for and procure a benefit or assistance
319-under a statute or regulation to guarantee or pay premiums of a contract of insurance on
320-the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the
321-interest of the principal in a contract of insurance or annuity; select the form and timing of
322-the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or
323-otherwise, compromise or contest, and apply for refunds in connection with a tax or
324-assessment levied by a taxing authority with respect to a contract of insurance or annuity
325-or the proceeds or liability from the contract of insurance or annuity accruing by reason of
326-the tax or assessment.
327241
328-Claims and litigation – With respect to this subject, I authorize my agent to: assert and
329-maintain before a court or administrative agency a claim, claim for relief, cause of action,
330-counterclaim, offset, recoupment, or defense, including an action to recover property or
331-other thing of value, recover damages sustained by the principal, eliminate or modify tax
332-liability, or seek an injunction, specific performance, or other relief; act for the principal Ch. 696 2023 LAWS OF MARYLAND
333242
334-– 8 –
335-with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the
336-principal or some other person, or with respect to a reorganization, receivership, or
337-application for the appointment of a receiver or trustee that affects an interest of the
338-principal in property or other thing of value; pay a judgment, award, or order against the
339-principal or a settlement made in connection with a claim or litigation; and receive money
340-or other thing of value paid in settlement of or as proceeds of a claim or litigation.
243+My agent’s authority shall include the authority to act as stated below with regard to each 1
244+of the following subjects: 2
341245
342-Benefits from governmental programs or civil or military service (including any benefit,
343-program, or assistance provided under a statute or regulation including Social Security,
344-Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute
345-vouchers in the name of the principal for allowances and reimbursements payable by the
346-United States or a foreign government or by a state or subdivision of a state to the principal;
347-PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A
348-GOVERNMENTAL BENEFIT OR PROGRA M, INCLUDING OBTAINING PERSONAL AND
349-FINANCIAL RECORDS AND, TO THE EXTENT AUTHOR IZED IN THE SPECIAL
350-INSTRUCTIONS BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll
351-in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a
352-GOVERNMENTAL benefit or program; prepare, file, and maintain a claim of the principal
353-for a benefit or assistance, financial or otherwise, to which the principal may be entitled
354-under a statute or regulation; initiate, participate in, submit to alternative dispute
355-resolution, settle, oppose, or propose or accept a compromise with respect to litigation
356-concerning a benefit or assistance the principal may be entitled to receive under a statute
357-or regulation; and receive the financial proceeds of a claim described above and conserve,
358-invest, disburse, or use for a lawful purpose anything so received.
246+Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 3
247+convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 4
248+acquire or reject an interest in real property or a right incident to real property; pledge or 5
249+mortgage an interest in real property or right incident to real property as security to borrow 6
250+money or pay, renew, or extend the time of payment of a debt of the principal or a debt 7
251+guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 8
252+enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 9
253+encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 10
254+conserve an interest in real property or a right incident to real property owned or claimed 11
255+to be owned by the principal, including: (1) insuring against liability or casualty or other 12
256+loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 13
257+or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 14
258+applying for and receiving refunds in connection with them; and (4) purchasing supplies, 15
259+hiring assistance or labor, and making repairs or alterations to the real property. 16
359260
360-Retirement plans (including a plan or account created by an employer, the principal, or
361-another individual to provide retirement benefits or deferred compensation of which the
362-principal is a participant, beneficiary, or owner, including a plan or account under the
363-following sections of the Internal Revenue Code: (1) an individual retirement account under
364-Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement
365-account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed
366-individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. §
367-408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code
368-Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other
369-retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a);
370-(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a
371-nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26
372-U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and
373-timing of payments under a retirement plan and withdraw benefits from a plan; make a
374-rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan
375-to another; establish a retirement plan in the principal’s name; make contributions to a
376-retirement plan; exercise investment powers available under a retirement plan; borrow
377-from, sell assets to, or purchase assets from a retirement plan. I recognize that granting
378-my agent the authority to create or change a beneficiary designation for a retirement plan
379-may affect the benefits that I may receive if that authority is exercised. If I grant my agent
380-the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a WES MOORE, Governor Ch. 696
261+TANGIBLE PERSONAL PRO PERTY, INCLUDING MOTOR VEHI CLES, BOATS, PLANES, 17
262+AND OTHER TITLED AND UNTITLED TANGIBLE PE RSONAL PROPERTY – WITH 18
263+RESPECT TO THIS SUBJ ECT, I AUTHORIZE MY AGENT T O: DEMAND, BUY, RECEIVE, 19
264+ACCEPT AS A GIFT OR AS SECURITY FOR AN E XTENSION OF CREDIT, OR OTHERWISE 20
265+ACQUIRE OR REJECT OW NERSHIP OR POSSESSIO N OF TANGIBLE PERSON AL 21
266+PROPERTY OR AN INTER EST IN TANGIBLE PERS ONAL PROPERTY ; SELL, EXCHANGE, 22
267+CONVEY WITH OR WITHO UT COVENANTS , REPRESENTATIONS , OR WARRANTIES , 23
268+QUITCLAIM, RELEASE, SURRENDER , CREATE A SECURITY INTER EST IN, GRANT 24
269+OPTIONS CONCERNING , LEASE, SUBLEASE, OR OTHERWISE DISPOSE OF TANGIBLE 25
270+PERSONAL PROPERTY OR AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; GRANT 26
271+A SECURITY INTEREST IN TANGIBLE PERSONAL PROPERTY OR AN INTER EST IN 27
272+TANGIBLE PERSO NAL PROPERTY AS SECU RITY TO BORROW MONEY OR PAY, RENEW, 28
273+OR EXTEND THE TIME O F PAYMENT OF A DEBT OF THE PRINCIPAL OR A DEBT 29
274+GUARANTEED BY THE PR INCIPAL; RELEASE, ASSIGN, SATISFY, OR ENFORCE BY 30
275+LITIGATION OR OTHERW ISE, A SECURITY INTEREST , LIEN, OR OTHER CLA IM ON 31
276+BEHALF OF THE PRINCI PAL, WITH RESPECT TO TANG IBLE PERSONAL PROPER TY OR 32
277+AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; MANAGE OR CONSERVE 33
278+TANGIBLE PERSONAL PR OPERTY OR AN INTERES T IN TANGIBLE PERSON AL 34
279+PROPERTY ON BEHALF O F THE PRINCIPAL , INCLUDING: (1) INSURING AGAINST 35
280+LIABILITY OR CASUALT Y OR OTHER LOSS ; (2) OBTAINING OR REGAINI NG 36
281+POSSESSION OF OR PRO TECTING THE PROPERTY OR INTEREST, BY LITIGATION OR 37
282+OTHERWISE; (3) PAYING, ASSESSING, COMPROMISING , OR CONTESTING TAXES OR 38
283+ASSESSMENTS OR APPLY ING FOR AND REC EIVING REFUNDS IN CO NNECTION WITH 39
284+TAXES OR ASSESSMENTS ; (4) MOVING THE PROPERTY FROM PLACE TO PLACE ; (5) 40
285+STORING THE PROPERTY FOR HIRE OR ON A GRA TUITOUS BAILMENT ; AND (6) USING 41 HOUSE BILL 18 7
381286
382-– 9 –
383-beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may
384-make the property subject to that authority taxable as a part of the agent’s estate.
385-Therefore, if I wish to authorize my agent to create or change a beneficiary designation for
386-any retirement plan, and in particular if I wish to authorize the agent to designate as my
387-beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state
388-this authority in the Special Instructions section that follows or in a separate power of
389-attorney.
390287
391-Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal,
392-state, local, and foreign income, gift, payroll, property, federal insurance contributions act,
393-and other tax returns, claims for refunds, requests for extension of time, petitions regarding
394-tax matters, and other tax–related documents, including receipts, offers, waivers, consents,
395-including consents and agreements under Internal Revenue Code Section [2032(A)]
396-2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney
397-required by the Internal Revenue Service or other taxing authority with respect to a tax
398-year on which the statute of limitations has not run and the following 25 tax years; pay
399-taxes due, collect refunds, post bonds, receive confidential information, and contest
400-deficiencies determined by the Internal Revenue Service or other taxing authority; exercise
401-elections available to the principal under federal, state, local, or foreign tax law; and act for
402-the principal in all tax matters for all periods before the Internal Revenue Service, or other
403-taxing authority.
288+AND MAKING REPAIRS , ALTERATIONS , OR IMPROVEMENTS TO T HE PROPERTY ; AND 1
289+CHANGE THE FORM OF TITLE OF AN INTEREST IN TANGI BLE PERSONAL PROPERT Y. 2
404290
405-Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary
406-Access to Digital Assets Act, my agent shall have authority over and the right to access: (1)
407-the content of any of my electronic communications; (2) any catalogue of electronic
408-communications sent or received by me; and (3) any other digital asset in which I have a
409-right or interest.
291+Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and 3
292+exchange stocks and bonds; establish, continue, modify, or terminate an account with 4
293+respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or 5
294+extend the time of payment of a debt of the principal; receive certificates and other 6
295+evidences of ownership with respect to stocks and bonds; exercise voting rights with respect 7
296+to stocks and bonds in person or by proxy, enter into voting trusts, and consent to 8
297+limitations on the right to vote. 9
410298
411-TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT :
299+Banks and other financial institutions – With respect to this subject, I authorize my agent 10
300+to: continue, modify, transact all business in connection with, and terminate an account or 11
301+other banking arrangement made by or on behalf of the principal; establish, modify, 12
302+transact all business in connection with, and terminate an account or other banking 13
303+arrangement with a bank, trust company, savings and loan association, credit union, thrift 14
304+company, brokerage firm, or other financial institution selected by the agent; contract for 15
305+services available from a financial institution, including renting a safe deposit box or space 16
306+in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or 17
307+leave in the custody of, a financial institution money or property of the principal; withdraw, 18
308+by check, money order, electronic funds transfer, or otherwise, money or property of the 19
309+principal deposited with or left in the custody of a financial institution; receive statements 20
310+of account, vouchers, notices, and similar documents from a financial institution and act 21
311+with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; 22
312+borrow money and pledge as security personal property of the principal necessary to borrow 23
313+money or pay, renew, or extend the time of payment of a debt of the principal or a debt 24
314+guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and 25
315+negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of 26
316+the principal or payable to the principal or the principal’s order, transfer money, receive 27
317+the cash or other proceeds of those transactions; and apply for, receive, and use credit cards 28
318+and debit cards, electronic transaction authorizations, and traveler’s checks from a 29
319+financial institution. 30
412320
413- (1) MY AGENT MAY ACT FOR ME IN ALL MATTERS TH AT AFFECT A
414-TRUST, PROBATE ESTATE , ESCROW, CUSTODIANSHIP , OR OTHER FUND TO WHI CH I
415-AM NOW, CLAIM TO BE, OR LATER BECOME ENTI TLED AS A BENEFICIAR Y, TO A SHARE
416-OR PAYMENT , INCLUDING PETITIONS , OBJECTIONS, WAIVERS, CONSENTS,
417-RECEIPTS, SETTLEMENTS , AND OTHER RELATED AG REEMENTS;
321+Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 31
322+pay the premium or make a contribution on, modify, exchange, rescind, release, or 32
323+terminate a contract procured by or on behalf of the principal that insures or provides an 33
324+annuity to either the principal or another person, whether or not the principal is a 34
325+beneficiary under the contract; procure new, different, and additional contracts of 35
326+insurance and annuities for the principal and select the amount, type of insurance or 36
327+annuity, and mode of payment; pay the premium or make a contribution on, modify, 37
328+exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 38
329+agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 39
330+and receive the cash surrender value on a contract of insurance or annuity; exercise an 40
331+election; exercise investment powers available under a contract of insurance or annuity; 41
332+change the manner of paying premiums on a contract of insurance or annuity; change or 42
333+convert the type of insurance or annuity with respect to which the principal has or claims 43
334+to have authority described in this section; apply for and procure a benefit or assistance 44 8 HOUSE BILL 18
418335
419- (2) TO THE EXTENT PERMITT ED IN THE TRUST AGRE EMENT, MY
420-AGENT MAY CONSENT TO THE AMENDMENT , REVOCATION , OR TERMINATION OF A
421-TRUST OF WHICH I AM A BENEFICIARY , OR TO THE TRANSFER OF THE ASSE TS OF THE
422-TRUST INTO ANOTHER T RUST FOR MY BENEFIT , AND TO ENTER INTO TR ANSACTIONS
423-WITH ANY TRUST CREAT ED BY ME, FOR ME, ON MY BEHALF, OR IN CONNECTION WIT H
424-GIFTS FROM ME TO OTH ERS AS PROVIDED IN T HE PARAGRAPH BELOW A UTHORIZING
425-GIFTS; AND TO PARTICIPATE IN EITHER JUDICIAL OR N ONJUDICIAL MODIFICAT ION
426-OF A TRUST AS PERMIT TED UNDER § 14.5–111 OF THE ESTATES AND TRUSTS
427-ARTICLE; AND Ch. 696 2023 LAWS OF MARYLAND
428336
429-– 10 –
337+under a statute or regulation to guarantee or pay premiums of a contract of insurance on 1
338+the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 2
339+interest of the principal in a contract of insurance or annuity; select the form and timing of 3
340+the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 4
341+otherwise, compromise or contest, and apply for refunds in connection with a tax or 5
342+assessment levied by a taxing authority with respect to a contract of insurance or annuity 6
343+or the proceeds or liability from the contract of insurance or annuity accruing by reason of 7
344+the tax or assessment. 8
430345
431- (3) MY AGENT MAY CREATE A ND TRANSFER PROPERTY TO AN
432-INTERVIVOS REVOCABLE OR IRREVOCABLE TRUST FOR MY SOLE B ENEFIT THAT ON
433-MY DEATH DISTRIBUTES THE PROPERTY IN A MA NNER CONSISTENT WITH MY
434-EXISTING ESTATE PLAN , IF ANY, AND IN ACCORDANCE WI TH MARYLAND LAW .
346+Claims and litigation – With respect to this subject, I authorize my agent to: assert and 9
347+maintain before a court or administrative agency a claim, claim for relief, cause of action, 10
348+counterclaim, offset, recoupment, or defense, including an action to recover property or 11
349+other thing of value, recover damages sustained by the principal, eliminate or modify tax 12
350+liability, or seek an injunction, specific performance, or other relief; act for the principal 13
351+with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the 14
352+principal or some other person, or with respect to a reorganization, receivership, or 15
353+application for the appointment of a receiver or trustee that affects an interest of the 16
354+principal in property or other thing of value; pay a judgment, award, or order against the 17
355+principal or a settlement made in connection with a claim or litigation; and receive money 18
356+or other thing of value paid in settlement of or as proceeds of a claim or litigation. 19
435357
436-GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
358+Benefits from governmental programs or civil or military service (including any benefit, 20
359+program, or assistance provided under a statute or regulation including Social Security, 21
360+Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute 22
361+vouchers in the name of the principal for allowances and reimbursements payable by the 23
362+United States or a foreign government or by a state or subdivision of a state to the principal; 24
363+PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A 25
364+GOVERNMENTAL BENEFIT OR PROGRA M, INCLUDING OBTAINING PERSONAL AND 26
365+FINANCIAL RECORDS AND, TO THE EXTENT AUTHOR IZED IN THE SPECIAL 27
366+INSTRUCTIONS BELOW, TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll 28
367+in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a 29
368+GOVERNMENTAL benefit or program; prepare, file, and maintain a claim of the principal 30
369+for a benefit or assistance, financial or otherwise, to which the principal may be entitled 31
370+under a statute or regulation; initiate, participate in, submit to alternative dispute 32
371+resolution, settle, oppose, or propose or accept a compromise with respect to litigation 33
372+concerning a benefit or assistance the principal may be entitled to receive under a statute 34
373+or regulation; and receive the financial proceeds of a claim described above and conserve, 35
374+invest, disburse, or use for a lawful purpose anything so received. 36
437375
438-(CAUTION: GRANTING ANY OF THE F OLLOWING WILL GIVE Y OUR AGENT THE
439-AUTHORITY TO TAKE ACTIO NS THAT COULD SIGNIF ICANTLY REDUCE YOUR
440-PROPERTY OR CHANGE H OW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH.)
376+Retirement plans (including a plan or account created by an employer, the principal, or 37
377+another individual to provide retirement benefits or deferred compensation of which the 38
378+principal is a participant, beneficiary, or owner, including a plan or account under the 39
379+following sections of the Internal Revenue Code: (1) an individual retirement account under 40
380+Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 41
381+account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 42
382+individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 43
383+408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 44 HOUSE BILL 18 9
441384
442- A. GIFTS OR TRANSFERS – ONLY IF I HAVE INITIALED BELOW, MY
443-AGENT MAY MAKE GIFTS OR TRANSFER OWNERSHI P OF MY ASSETS OUTRI GHT OR IN
444-TRUST TO OR FOR THE BENEFIT OF ONE OR MO RE OF THE FOLLOWING PERSONS AND
445-ONLY IN THE AMOUNTS SPECIFICALLY AUTHORI ZED IN THE NEXT SECT ION:
446385
447- (___) MY AGENT, SUBJECT TO THE FOLLO WING CONDITIONS , IF ANY:
448- _________________________________________________________
449- _________________________________________________________
386+Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 1
387+retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 2
388+(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 3
389+nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 4
390+U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 5
391+timing of payments under a retirement plan and withdraw benefits from a plan; make a 6
392+rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 7
393+to another; establish a retirement plan in the principal’s name; make contributions to a 8
394+retirement plan; exercise investment powers available under a retirement plan; borrow 9
395+from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 10
396+my agent the authority to create or change a beneficiary designation for a retirement plan 11
397+may affect the benefits that I may receive if that authority is exercised. If I grant my agent 12
398+the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 13
399+beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 14
400+make the property subject to that authority taxable as a part of the agent’s estate. 15
401+Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 16
402+any retirement plan, and in particular if I wish to authorize the agent to designate as my 17
403+beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 18
404+this authority in the Special Instructions section that follows or in a separate power of 19
405+attorney. 20
450406
451- (___) MY SPOUSE
407+Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, 21
408+state, local, and foreign income, gift, payroll, property, federal insurance contributions act, 22
409+and other tax returns, claims for refunds, requests for extension of time, petitions regarding 23
410+tax matters, and other tax–related documents, including receipts, offers, waivers, consents, 24
411+including consents and agreements under Internal Revenue Code Section [2032(A)] 25
412+2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney 26
413+required by the Internal Revenue Service or other taxing authority with respect to a tax 27
414+year on which the statute of limitations has not run and the following 25 tax years; pay 28
415+taxes due, collect refunds, post bonds, receive confidential information, and contest 29
416+deficiencies determined by the Internal Revenue Service or other taxing authority; exercise 30
417+elections available to the principal under federal, state, local, or foreign tax law; and act for 31
418+the principal in all tax matters for all periods before the Internal Revenue Service, or other 32
419+taxing authority. 33
452420
453- (___) MY PARENTS
421+Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 34
422+Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 35
423+the content of any of my electronic communications; (2) any catalogue of electronic 36
424+communications sent or received by me; and (3) any other digital asset in which I have a 37
425+right or interest. 38
454426
455- (___) MY GRANDPARENTS
427+TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT: 39
456428
457- (___) MY CHILDREN AND THEIR DESCENDANTS
429+ (1) MY AGENT MAY ACT FOR ME IN ALL MATTERS THAT AFFE CT A 40
430+TRUST, PROBATE ESTATE , ESCROW, CUSTODIANSHIP , OR OTHER FUND TO WHI CH I 41
431+AM NOW, CLAIM TO BE, OR LATER BECOME ENTI TLED AS A BENEFICIAR Y, TO A SHARE 42 10 HOUSE BILL 18
458432
459- (___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER
460-CONSISTENT WITH MY PREVIOUS GIV ING HISTORY
461433
462- (___) THE PEOPLE AND CHARIT ABLE ORGANIZATIONS , IF ANY, NAMED
463-IN MY ESTATE PLAN AN D IN ACCORDANCE WITH THE TERMS OF MY ESTA TE PLAN
464-THAT ARE IN EXISTENC E AT THE TIME THE GI FT IS MADE
434+OR PAYMENT , INCLUDING PETITIONS , OBJECTIONS, WAIVERS, CONSENTS, 1
435+RECEIPTS, SETTLEMENTS , AND OTHER RELATED AG REEMENTS; 2
465436
466- (___) MY INTESTATE HEIRS WH O WOULD RECEIVE MY ESTATE UN DER
467-MARYLAND LAW IF I DIED A RESIDENT OF MARYLAND WITHOUT A WI LL
437+ (2) TO THE EXTENT PERMITT ED IN THE TRUST AGRE EMENT, MY 3
438+AGENT MAY CONSENT TO THE AMENDMENT , REVOCATION , OR TERMINATION OF A 4
439+TRUST OF WHICH I AM A BENEFICIARY , OR TO THE TRANSFER O F THE ASSETS OF THE 5
440+TRUST INTO ANOTHER T RUST FOR MY BENEFIT , AND TO ENTER INTO TR ANSACTIONS 6
441+WITH ANY TRUST CREAT ED BY ME, FOR ME, ON MY BEHALF, OR IN CONNECTION WIT H 7
442+GIFTS FROM ME TO OTH ERS AS PROVIDED IN T HE PARAGRAPH BELOW A UTHORIZING 8
443+GIFTS; AND TO PARTICIPATE I N EITHER JUDICIAL OR NONJUDICIAL M ODIFICATION 9
444+OF A TRUST AS PERMIT TED UNDER § 14.5–111 OF THE ESTATES AND TRUSTS 10
445+ARTICLE; AND 11
468446
469- (___) ONE OR MORE OF THE FO LLOWING PERSONS :
470- _________________________________________________________
471- _________________________________________________________
472- WES MOORE, Governor Ch. 696
447+ (3) MY AGENT MAY CREATE A ND TRANSFER PROPERTY TO AN 12
448+INTERVIVOS REVOCABLE OR IRREVOCABLE TRUST FOR MY SOLE BENEFIT THAT ON 13
449+MY DEATH DISTRIBUTES THE PROPERTY IN A MANNER CONSISTENT WI TH MY 14
450+EXISTING ESTATE PLAN , IF ANY, AND IN ACCORDANCE WI TH MARYLAND LAW . 15
473451
474-– 11 –
475- MY AGENT IS AUTHORIZE D TO MAKE GIFTS UNDE R THIS SECTION IN TH E
476-FOLLOWING AMOUNTS ONLY IF I HAVE INITIALED BELOW:
452+GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 16
477453
478- (___) IN AN AMOUNT NOT TO E XCEED $_____ PER PERSON EACH
479-CALENDAR YEAR TO THE PERSONS, NONPROFITS, OR CHARITABLE ORGANI ZATIONS
480-THAT I HAVE SPECIFIED IN THE SEC TION ABOVE;
454+(CAUTION: GRANTING ANY OF THE F OLLOWING WILL GIVE Y OUR AGENT THE 17
455+AUTHORITY TO TAKE AC TIONS THAT COULD SIG NIFICANTLY REDUCE YOUR 18
456+PROPERTY OR CHANGE H OW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH.) 19
481457
482- (___) IN AN AMOUNT FOR EACH PERSON I HAVE SPECIFIED IN TH E
483-SECTION ABOVE NOT TO EXCEED THE ANNUAL DO LLAR LIMITS OF THE F EDERAL
484-GIFT TAX EXCLUSION U NDER § 2503(B) OF THE INTERNAL REVENUE CODE, OR IF
485-MY SPOUSE AGREES TO CONSENT TO A SPLIT G IFT, IN AN AMOUNT NOT TO EXCEED
486-THE AGGREGATE ANNUAL GIFT TAX EXCLUSION F OR BOTH SPOUSES ;
458+ A. GIFTS OR TRANSFERS – ONLY IF I HAVE INITIALED BELOW, MY 20
459+AGENT MAY MAKE GIFTS OR TRANSFER OWNERSHI P OF MY ASSETS OUTRI GHT OR IN 21
460+TRUST TO OR FOR THE BENEFIT OF ONE OR MO RE OF THE FOLLOWING PERS ONS AND 22
461+ONLY IN THE AMOUNTS SPECIFICALLY AUTHORI ZED IN THE NEXT SECT ION: 23
487462
488- (___) IN AN UNLIMITED AMOUN T, FOR THE PURPOSE OF E STATE
489-PLANNING OR QUALIFYI NG ME FOR A GOVERNME NTAL BENEFIT OR PROG RAM, WITH
490-SUCH GIFTS TO BE MAD E IN A MANNER CONSIS TENT WITH MY EXISTIN G ESTATE
491-PLAN, IF ANY, AND IN ACCORDANCE WI TH STATE LAW.
463+ (___) MY AGENT, SUBJECT TO THE FOLLO WING CONDITIONS , IF ANY: 24
464+ _________________________________________________________ 25
465+ _________________________________________________________ 26
492466
493- SPECIAL INSTRUCTIONS FOR GIFTING DESIRES – YOU MAY GIVE SPECIAL
494-INSTRUCTIONS FOR GIF TING DESIRES ON THE FOLLOWING LINES :
495- __________________________________________________________________________
496- __________________________________________________________________________
497- __________________________________________________________________________
467+ (___) MY SPOUSE 27
498468
499- B. JOINT ACCOUNTS AND BE NEFICIARY DESIGNATIO NS – I AUTHORIZE MY
500-AGENT TO DO ONE OR M ORE OF THE FOLLOWI NG ONLY IF I HAVE INITIALED
501-BELOW:
469+ (___) MY PARENTS 28
502470
503- (____) OPEN A JOINT ACCOUNT WITH ME AND ONE OR M ORE OTHER
504-PERSONS AS ACCOUNT O WNERS. EACH OWNER OF A JOINT ACCOUNT HAS FULL
505-LEGAL AUTHORITY TO U SE THE ACCOUNT FOR T HEIR OWN BENEFIT AND ON MY
506-DEATH WILL BECOME TH E PROPERTY OF THE OTHER OW NER(S).
471+ (___) MY GRANDPARENTS 29
507472
508- (____) CREATE OR CHANGE RIGH TS OF SURVIVORSHIP I N ACCOUNTS OR
509-OTHER ASSETS IN WHIC H I HAVE AN INTEREST , INCLUDING FOR THE BE NEFIT OF MY
510-AGENT, TO CHANGE A BENEFICI ARY DESIGNATION FOR ANY ACCOUNTS OR
511-FINANCIAL INSTRUMENT S, INCLUDING LIFE INSURAN CE POLICIES, ANNUITIES, OR
512-RETIREMENT ACCOUNTS OF ANY NATURE ; AND TO WAIVE MY RIGH T TO BE A
513-BENEFICIARY OF A JOI NT AND SURVIVOR ANNU ITY, INCLUDING A SURVIVOR
514-BENEFIT UNDER A RETI REMENT PLAN OF ANY N ATURE. IN DETERMINING SUCH
515-RIGHTS OR B ENEFICIARY INTERESTS , MY AGENT SHALL CONSI DER TAXES ,
516-PRESERVATION OF GOVE RNMENTAL BENEFITS OR PROGRAMS, OR STATED
517-INTENTIONS REGARDING MY ESTATE.
518- Ch. 696 2023 LAWS OF MARYLAND
473+ (___) MY CHILDREN AND THEIR DESCENDANTS 30
519474
520-– 12 –
521-DISCLAIMERS
475+ (___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER 31
476+CONSISTENT WITH MY P REVIOUS GIVING HISTO RY 32
477+ HOUSE BILL 18 11
522478
523-FOR THE PURPOSES OF T AX PLANNING OR EFFEC TUATING STATED INTEN TIONS
524-REGARDING MY ESTATE , I AUTHORIZE MY AGENT T O DISCLAIM ANY INTER EST IN
525-PROPERTY I MIGHT OTHERWISE RECE IVE, EITHER OUTRIGHT OR I N TRUST,
526-INCLUDING FOR THE BE NEFIT OF MY AGENT ; ANY POWERS I HAVE OVER PROPERTY
527-OR AS A BENEFICIARY OF ANY TRUSTS (EXCLUDING ANY POWERS I POSSESS IN A
528-FIDUCIARY CAPACITY ); AND ANY POWERS OF AP POINTMENT I HAVE OR MAY
529-ACQUIRE EXCLUDING AN Y TESTAMENTARY POWER OF APPOINTMENT THAT I
530-CURRENTLY EXERCISE I N MY LAST WILL AND T ESTAMENT.
531479
532-SPECIAL INSTRUCTIONS (OPTIONAL)
480+ (___) THE PEOPLE AND CHARITABL E ORGANIZATIONS , IF ANY, NAMED 1
481+IN MY ESTATE PLAN AN D IN ACCORDANCE WITH THE TERMS OF MY ESTA TE PLAN 2
482+THAT ARE IN EXISTENC E AT THE TIME THE GI FT IS MADE 3
533483
534-YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLL OWING LINES:
484+ (___) MY INTESTATE HEIRS WH O WOULD RECEIVE MY E STATE UNDER 4
485+MARYLAND LAW IF I DIED A RESIDENT OF MARYLAND WITHOUT A WI LL 5
535486
536-___________________________________________________________________________________
537-___________________________________________________________________________________
538-___________________________________________________________________________________
539-___________________________________________________________________________________
540-___________________________________________________________________________________
541-___________________________________________________________________________________
542-___________________________________________________________________________________
543-___________________________________________
487+ (___) ONE OR MORE OF THE FO LLOWING PERSONS : 6
488+ _________________________________________________________ 7
489+ _________________________________________________________ 8
544490
545-EFFECTIVE DATE
491+ MY AGENT IS AUTHORIZE D TO MAKE GIFTS UNDE R THIS SECTION IN THE 9
492+FOLLOWING AMOUNTS ONLY IF I HAVE INITIALED BELOW: 10
546493
547-This power of attorney is effective immediately unless I have stated otherwise in the Special
548-Instructions.
494+ (___) IN AN AMOUNT NOT TO E XCEED $_____ PER PERSON EACH 11
495+CALENDAR YEAR TO THE PERSONS, NONPROFITS, OR CHARITABLE ORGANI ZATIONS 12
496+THAT I HAVE SPECIFIED IN TH E SECTION ABOVE ; 13
549497
550-TERMINATION DATE (OPTIONAL)
498+ (___) IN AN AMOUNT FOR EACH PERSON I HAVE SPECIFIED IN TH E 14
499+SECTION ABOVE NOT TO EXCEED THE ANNUAL DO LLAR LIMITS OF THE F EDERAL 15
500+GIFT TAX EXCLUSION U NDER § 2503(B) OF THE INTERNAL REVENUE CODE, OR IF 16
501+MY SPOUSE AGREES TO CONSENT TO A SPLIT G IFT, IN AN AMOUNT NOT TO EXCEED 17
502+THE AGGREGATE ANNUAL GIFT TAX EXCLUSION F OR BOTH SPOUSES ; 18
551503
552-ONLY IF I HAVE SPECIFIED A TER MINATION DATE BELOW , THIS POWER OF
553-ATTORNEY IS DURABLE, MEANING IT SHALL CON TINUE IN FULL FORCE AND
554-EFFECT FOR AN INDEFI NITE PERIOD OF TIME UNTIL MY REVOCATION OF THIS
555-POWER OF ATTORNEY OR MY DEATH, WHICHEVER OCCURS FIR ST. I RESERVE THE
556-RIGHT TO REVOKE THIS POWER OF ATTORNEY . THIS POWER OF ATTORNE Y SHALL
557-NOT TERMINATE UPON M Y DISABILITY. ALL AUTHORITY OF MY A GENT(S) SHALL
558-CONTINUE EVEN IF I BECOME DISABLED , INCOMPETENT , OR INCAPACITATED .
504+ (___) IN AN UNLIMITED AMOUN T, FOR THE PURPOSE OF E STATE 19
505+PLANNING OR QUALIFYI NG ME FOR A GOVERNME NTAL BENEFIT OR PROG RAM, WITH 20
506+SUCH GIFTS TO BE MAD E IN A MANNER CONSIS TENT WITH MY EXISTIN G ESTATE 21
507+PLAN, IF ANY, AND IN ACCORDANCE WI TH STATE LAW. 22
559508
560-This power of attorney shall terminate on ______________________________, 20____.
561- (Use a specific calendar date)
509+ SPECIAL INSTRUCTIONS FOR GIFTING DESIRES – YOU MAY GIVE SPECIAL 23
510+INSTRUCTIONS FOR GIF TING DESIRES ON THE FOLLOWING LINES : 24
511+ __________________________________________________________________________25
512+ __________________________________________________________________________26
513+ __________________________________________________________________________ 27
562514
563-COPIES
564- WES MOORE, Governor Ch. 696
515+ B. JOINT ACCOUNTS AND BE NEFICIARY DESIGNATIO NS – I AUTHORIZE MY 28
516+AGENT TO DO ONE OR M ORE OF THE FOLLOWI NG ONLY IF I HAVE INITIALED 29
517+BELOW: 30
565518
566-– 13 –
567-A COPY OF THIS DOCUMEN T SHALL HAVE THE SAM E FORCE AND EFFECT A S THE
568-ORIGINAL UNLESS PROV IDED OTHERWISE IN SP ECIAL INSTRUCTIONS .
519+ (____) OPEN A JOINT ACCOUNT WITH ME AND ONE OR M ORE OTHER 31
520+PERSONS AS ACCOUNT O WNERS. EACH OWNER OF A JOINT ACCOUNT HAS FULL 32
521+LEGAL AUTHORITY TO U SE THE ACCOUNT FOR T HEIR OWN BENEFIT AND ON MY 33
522+DEATH WILL BECOME TH E PROPERTY OF THE OT HER OWNER(S). 34
523+ 12 HOUSE BILL 18
569524
570-REVOCATION
571525
572-I HEREBY REVOKE ALL OT HER POWERS OF ATTORN EY THAT I HAVE PREVIOUSLY
573-EXECUTED. THIS SECTION DOES NOT APPLY TO POWERS OF A TTORNEY EXECUTED
574-ON THE SAME DATE AS THIS POWER OF ATTORN EY OR TO LIMITED POW ERS OF
575-ATTORNEY THAT APPLY TO SPECIFIC ACCOUNTS OR TO SPECIFIC PROPERTY .
526+ (____) CREATE OR CHANGE RIGHTS OF SURVIVORSHIP IN ACCO UNTS OR 1
527+OTHER ASSETS IN WHIC H I HAVE AN INTEREST , INCLUDING FOR THE BE NEFIT OF MY 2
528+AGENT, TO CHANGE A BENEFICI ARY DESIGNATION FOR ANY ACCOUNTS OR 3
529+FINANCIAL INSTRUMENT S, INCLUDING LIFE INSUR ANCE POLICIES, ANNUITIES, OR 4
530+RETIREMENT ACCOUNTS OF ANY NATURE ; AND TO WAIVE MY RIGH T TO BE A 5
531+BENEFICIARY OF A JOI NT AND SURVIVOR ANNU ITY, INCLUDING A SURVIVOR 6
532+BENEFIT UNDER A RETI REMENT PLAN OF ANY N ATURE. IN DETERMINING SUCH 7
533+RIGHTS OR BENEFICIAR Y INTERESTS , MY AGENT SHALL CONSI DER TAXES, 8
534+PRESERVATION OF GOVE RNMENTAL BENEFITS OR PROGRAMS, OR STATED 9
535+INTENTIONS REGARDING MY ESTATE. 10
576536
577-RELIANCE BY THIRD PARTIES
537+DISCLAIMERS 11
578538
579-ANYONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE ENTITLED
580-TO PRESUME CONCLUSIV ELY THAT IT IS IN FULL FORCE AND EFFECT UNLESS I HAVE
581-GIVEN WRITTEN NOTICE TO THAT PERSON OR EN TITY THAT THIS POWER HAS BEEN
582-REVOKED. NO ONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE
583-REQUIRED TO SEE TO T HE APPLICATION AND D ISPOSITION OF ANY FU NDS OR OTHER
584-PROPERTY PAID TO OR DELIVERED TO MY AGEN T OR ANY PERSONS APP OINTED BY
585-MY AGENT. I AUTHORIZE MY AGENT T O SEEK DAMAGES AGAINST ANYONE WHO
586-REFUSED TO HONOR THI S POWER OF ATTORNEY WITHOUT HAVING RECEI VED
587-NOTICE THAT IT HAS B EEN REVOKED .
539+FOR THE PURPOSES OF T AX PLANNING OR EFFEC TUATING STATED INTEN TIONS 12
540+REGARDING MY ESTATE , I AUTHORIZE MY AGENT T O DISCLAIM ANY INTER EST IN 13
541+PROPERTY I MIGHT OTHERWISE RECE IVE, EITHER OUTRIGHT OR I N TRUST, 14
542+INCLUDING FOR THE BE NEFIT OF MY AGENT ; ANY POWERS I HAVE OVER PROPERTY 15
543+OR AS A BENEFICIARY OF ANY TRUSTS (EXCLUDING ANY POWERS I POSSESS IN A 16
544+FIDUCIARY CAPACITY ); AND ANY POWERS OF AP POINTMENT I HAVE OR MAY 17
545+ACQUIRE EXCLUDING AN Y TESTAMENTARY POWER OF APPOINTMENT THAT I 18
546+CURRENTLY EXERCISE I N MY LAST WILL AND T ESTAMENT. 19
588547
589-NOMINATION OF GUARDIAN (OPTIONAL)
548+SPECIAL INSTRUCTIONS (OPTIONAL) 20
590549
591-If it becomes necessary for a court to appoint a guardian of my property or guardian of my
592-person, I nominate the following person(s) for appointment:
550+YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES: 21
593551
594-Name of nominee for guardian of my property: __________________________________
595-Nominee’s address: ___________________________________________________________
596-Nominee’s telephone number: _________________________________________________
597-Name of nominee for guardian of my person: ____________________________________
598-Nominee’s address: ___________________________________________________________
599-Nominee’s telephone number: _________________________________________________
552+___________________________________________________________________________________ 22
553+___________________________________________________________________________________ 23
554+___________________________________________________________________________________ 24
555+___________________________________________________________________________________ 25
556+___________________________________________________________________________________ 26
557+___________________________________________________________________________________ 27
558+___________________________________________________________________________________ 28
559+___________________________________________ 29
600560
601-DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE
602-(OPTIONAL)
561+EFFECTIVE DATE 30
603562
604-If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I
605-designate the following person as my agent for purposes of making the election to take an
606-elective share of an estate subject to election under § 3–403 of the Estates and Trusts
607-Article:
563+This power of attorney is effective immediately unless I have stated otherwise in the Special 31
564+Instructions. 32
608565
609-Name of designated agent: _____________________________________________________
610-Designated agent’s address: ____________________________________________________
611-Designated agent’s telephone number: __________________________________________ Ch. 696 2023 LAWS OF MARYLAND
566+TERMINATION DATE (OPTIONAL) 33
612567
613-– 14 –
568+ONLY IF I HAVE SPECIFIED A TER MINATION DATE BELOW , THIS POWER OF 34
569+ATTORNEY IS DURABLE, MEANING IT SHALL CON TINUE IN FULL FORCE AND 35
570+EFFECT FOR AN INDEFI NITE PERIOD OF TIME UNTIL MY REVOCATION OF THIS 36 HOUSE BILL 18 13
614571
615-SIGNATURE AND ACKNOWLEDGMENT
616572
617-________________________________________ __________________________
618-Your Signature Date
573+POWER OF ATTORNEY OR MY DEATH, WHICHEVER OCCURS FIR ST. I RESERVE THE 1
574+RIGHT TO REVOKE THIS POWER OF ATTORNEY . THIS POWER OF ATTORNE Y SHALL 2
575+NOT TERMINATE UPON M Y DISABILITY. ALL AUTHORITY OF MY A GENT(S) SHALL 3
576+CONTINUE EVEN IF I BECOME DISABLED , INCOMPETENT , OR INCAPACITATED . 4
619577
620-______________________________________________________________________________
621-Your Name Printed
578+This power of attorney shall terminate on ______________________________, 20____. 5
579+ (Use a specific calendar date) 6
622580
623-___________________________________________________________________________________
624-___________________________________________________________________________________
625-Your Address
581+COPIES 7
626582
627-______________________________________________________________________________
628-Your Telephone Number
583+A COPY OF THIS DOCUMEN T SHALL HAVE THE SAM E FORCE AND EFFECT A S THE 8
584+ORIGINAL UNLESS PROV IDED OTHERWISE IN SP ECIAL INSTRUCTIONS . 9
629585
630-STATE OF MARYLAND
631-(COUNTY) OF _______________________________________________________________
586+REVOCATION 10
632587
633-This document was acknowledged before me on
588+I HEREBY REVOKE ALL OT HER POWERS OF ATTORN EY THAT I HAVE PREVIOUSLY 11
589+EXECUTED. THIS SECTION DOES NOT APPLY TO POWERS OF A TTORNEY EXECUTED 12
590+ON THE SAME DATE AS THIS POWER OF ATTORN EY OR TO LIMITED POW ERS OF 13
591+ATTORNEY THAT APPLY TO SPECIFIC ACCOUNTS OR TO SPECIFIC PROPERTY. 14
634592
635-__________________________
636-(Date)
593+RELIANCE BY THIRD PARTIES 15
637594
638-By ______________________________________ to be his/her act.
639- (Name of Principal)
595+ANYONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE ENTITLED 16
596+TO PRESUME CONCLUSIV ELY THAT IT IS IN FULL FORCE AND EFFECT UNLESS I HAVE 17
597+GIVEN WRITTEN NOTICE TO THAT PERSON OR EN TITY THAT THIS POWER HAS BEEN 18
598+REVOKED. NO ONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE 19
599+REQUIRED TO SEE TO T HE APPLICATION AND D ISPOSITION OF ANY FU NDS OR OTHER 20
600+PROPERTY PAID TO OR DELIVERED TO MY AGEN T OR ANY PERSONS APP OINTED BY 21
601+MY AGENT. I AUTHORIZE MY AGENT T O SEEK DAMAGES AGAINST ANYO NE WHO 22
602+REFUSED TO HONOR THI S POWER OF ATTORNEY WITHOUT HAVING RECEI VED 23
603+NOTICE THAT IT HAS B EEN REVOKED . 24
640604
641-____________________________________________ (SEAL, IF ANY)
642-Signature of Notary
605+NOMINATION OF GUARDIAN (OPTIONAL) 25
643606
644-My commission expires: _____________________
607+If it becomes necessary for a court to appoint a guardian of my property or guardian of my 26
608+person, I nominate the following person(s) for appointment: 27
645609
646-WITNESS ATTESTATION
610+Name of nominee for guardian of my property: __________________________________ 28
611+Nominee’s address: ___________________________________________________________ 29
612+Nominee’s telephone number: _________________________________________________ 30
613+Name of nominee for guardian of my person: ____________________________________ 31
614+Nominee’s address: ___________________________________________________________ 32
615+Nominee’s telephone number: _________________________________________________ 33
616+ 14 HOUSE BILL 18
647617
648-The foregoing power of attorney was, on the date written above, published and declared by
649618
650-____________________________________________
651-(Name of Principal)
619+DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 1
620+(OPTIONAL) 2
652621
653-in our presence to be his/her power of attorney. We, in his/her presence and at his/her
654-request, and in the presence of each other, have attested to the same and have signed our
655-names as attesting witnesses.
622+If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I 3
623+designate the following person as my agent for purposes of making the election to take an 4
624+elective share of an estate subject to election under § 3–403 of the Estates and Trusts 5
625+Article: 6
656626
657-____________________________________________
658-Witness #1 Signature
659-____________________________________________ WES MOORE, Governor Ch. 696
627+Name of designated agent: _____________________________________________________ 7
628+Designated agent’s address: ____________________________________________________ 8
629+Designated agent’s telephone number: __________________________________________ 9
660630
661-– 15 –
662-Witness #1 Name Printed
663-____________________________________________
664-____________________________________________
665-Witness #1 Address
666-____________________________________________
667-Witness #1 Telephone Number
631+SIGNATURE AND ACKNOWLEDGMENT 10
668632
669-____________________________________________
670-Witness #2 Signature
671-____________________________________________
672-Witness #2 Name Printed
673-____________________________________________
674-____________________________________________
675-Witness #2 Address
676-____________________________________________
677-Witness #2 Telephone Number”
633+________________________________________ __________________________ 11
634+Your Signature Date 12
678635
679-17–203.
636+______________________________________________________________________________ 13
637+Your Name Printed 14
680638
681-“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY
639+___________________________________________________________________________________ 15
640+___________________________________________________________________________________ 16
641+Your Address 17
682642
683-PLEASE READ CAREFULLY
643+______________________________________________________________________________ 18
644+Your Telephone Number 19
684645
685-This power of attorney authorizes another person (your agent) to make decisions concerning
686-your property for you (the principal). You need not give to your agent all the authorities
687-listed below and may give the agent only those limited powers that you specifically indicate.
688-This power of attorney gives your agent the right to make limited decisions for you. You
689-should very carefully weigh your decision as to what powers you give your agent. Your
690-agent will be able to make decisions and act with respect to your property (including your
691-money) whether or not you are able to act for yourself.
646+STATE OF MARYLAND 20
647+(COUNTY) OF _______________________________________________________________ 21
692648
693-If you choose to make a grant of limited authority, you should check the boxes that identify
694-the specific authorization you choose to give your agent.
649+This document was acknowledged before me on 22
695650
696-This power of attorney does not authorize the agent to make health care decisions for you.
651+__________________________ 23
652+(Date) 24
697653
698-You should select someone you trust to serve as your agent. Unless you specify otherwise,
699-generally the agent’s authority will continue until you die or revoke the power of attorney
700-or the agent resigns or is unable to act for you.
654+By ______________________________________ to be his/her act. 25
655+ (Name of Principal) 26
701656
702-Your agent is not entitled to compensation unless you indicate otherwise in the special
703-instructions of this power of attorney. If you indicate that your agent is to receive
704-compensation, your agent is entitled to reasonable compensation or compensation as
705-specified in the Special Instructions.
706- Ch. 696 2023 LAWS OF MARYLAND
657+____________________________________________ (SEAL, IF ANY) 27
658+Signature of Notary 28
707659
708-– 16 –
709-This form provides for designation of one agent. If you wish to name more than one agent
710-you may name a coagent in the Special Instructions. Coagents are required to act together
711-unanimously unless you specify otherwise in the Special Instructions.
660+My commission expires: _____________________ 29
712661
713-If your agent is unavailable or unwilling to act for you, your power of attorney will end
714-unless you have named a successor agent. You may also name a second successor agent.
662+WITNESS ATTESTATION 30
715663
716-This power of attorney becomes effective immediately unless you state otherwise in the
717-Special Instructions.
664+The foregoing power of attorney was, on the date written above, published and declared by 31
665+ HOUSE BILL 18 15
718666
719-If you have questions about the power of attorney or the authority you are granting to your
720-agent, you should seek legal advice before signing this form.
721667
722-DESIGNATION OF AGENT
668+____________________________________________ 1
669+(Name of Principal) 2
723670
724-This section of the form provides for designation of one agent.
671+in our presence to be his/her power of attorney. We, in his/her presence and at his/her 3
672+request, and in the presence of each other, have attested to the same and have signed our 4
673+names as attesting witnesses. 5
725674
726-If you wish to name coagents, skip this section and use the next section (“Designation of
727-Coagents”).
675+____________________________________________ 6
676+Witness #1 Signature 7
677+____________________________________________ 8
678+Witness #1 Name Printed 9
679+____________________________________________ 10
680+____________________________________________ 11
681+Witness #1 Address 12
682+____________________________________________ 13
683+Witness #1 Telephone Number 14
728684
729-I, ___________________________________________________, name the following person
730- (Name of Principal)
731-as my agent:
685+____________________________________________ 15
686+Witness #2 Signature 16
687+____________________________________________ 17
688+Witness #2 Name Printed 18
689+____________________________________________ 19
690+____________________________________________ 20
691+Witness #2 Address 21
692+____________________________________________ 22
693+Witness #2 Telephone Number” 23
732694
733-Name of
734-Agent: _______________________________________________________________________
735-Agent’s
736-Address: _____________________________________________________________________
737-Agent’s Telephone
738-Number: _____________________________________________________________________
695+17–203. 24
739696
740-DESIGNATION OF COAGENTS (OPTIONAL)
697+“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 25
741698
742-This section of the form provides for designation of two or more coagents. Coagents are
743-required to act together unanimously unless you otherwise provide in this form.
699+PLEASE READ CAREFULLY 26
744700
745-I, ___________________________________________________________________________,
701+This power of attorney authorizes another person (your agent) to make decisions concerning 27
702+your property for you (the principal). You need not give to your agent all the authorities 28
703+listed below and may give the agent only those limited powers that you specifically indicate. 29
704+This power of attorney gives your agent the right to make limited decisions for you. You 30
705+should very carefully weigh your decision as to what powers you give your agent. Your 31
706+agent will be able to make decisions and act with respect to your property (including your 32
707+money) whether or not you are able to act for yourself. 33
746708
747-(Name of Principal)
709+If you choose to make a grant of limited authority, you should check the boxes that identify 34
710+the specific authorization you choose to give your agent. 35
748711
749-Name the following persons as coagents:
712+This power of attorney does not authorize the agent to make health care decisions for you. 36
713+ 16 HOUSE BILL 18
750714
751-Name of Coagent: ____________________________________________________________
752715
753-Coagent’s Address: ___________________________________________________________
754- WES MOORE, Governor Ch. 696
716+You should select someone you trust to serve as your agent. Unless you specify otherwise, 1
717+generally the agent’s authority will continue until you die or revoke the power of attorney 2
718+or the agent resigns or is unable to act for you. 3
755719
756-– 17 –
757-Coagent’s Telephone Number: _________________________________________________
720+Your agent is not entitled to compensation unless you indicate otherwise in the special 4
721+instructions of this power of attorney. If you indicate that your agent is to receive 5
722+compensation, your agent is entitled to reasonable compensation or compensation as 6
723+specified in the Special Instructions. 7
758724
759-Name of Coagent: ____________________________________________________________
725+This form provides for designation of one agent. If you wish to name more than one agent 8
726+you may name a coagent in the Special Instructions. Coagents are required to act together 9
727+unanimously unless you specify otherwise in the Special Instructions. 10
760728
761-Coagent’s Address: ___________________________________________________________
729+If your agent is unavailable or unwilling to act for you, your power of attorney will end 11
730+unless you have named a successor agent. You may also name a second successor agent. 12
762731
763-Coagent’s Telephone Number: _________________________________________________
732+This power of attorney becomes effective immediately unless you state otherwise in the 13
733+Special Instructions. 14
764734
765-Special Instructions Regarding Coagents: ____________________________________________
766-___________________________________________________________________________________
767-___________________________________________________________________________________
768-___________________________________________________________________________________
735+If you have questions about the power of attorney or the authority you are granting to your 15
736+agent, you should seek legal advice before signing this form. 16
769737
770-DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
738+DESIGNATION OF AGENT 17
771739
772-If my agent is unable or unwilling to act for me, I name as my successor agent:
740+This section of the form provides for designation of one agent. 18
773741
774-Name of Successor Agent: _____________________________________________________
775-Successor Agent’s
776-Address: _____________________________________________________________________
777-Successor Agent’s Telephone Number: __________________________________________
742+If you wish to name coagents, skip this section and use the next section (“Designation of 19
743+Coagents”). 20
778744
779-If my successor agent is unable or unwilling to act for me, I name as my second successor
780-agent:
745+I, ___________________________________________________, name the following person21
746+ (Name of Principal) 22
747+as my agent: 23
781748
782-Name of Second Successor
783-Agent: _______________________________________________________________________
784-Second Successor Agent’s
785-Address: _____________________________________________________________________
786-Second Successor Agent’s Telephone Number: ___________________________________
749+Name of 24
750+Agent: _______________________________________________________________________ 25
751+Agent’s 26
752+Address: _____________________________________________________________________ 27
753+Agent’s Telephone 28
754+Number: _____________________________________________________________________ 29
787755
788-GRANT OF GENERAL AUTHORITY
756+DESIGNATION OF COAGENTS (OPTIONAL) 30
789757
790-I (“the principal”) grant my agent and any successor agent, with respect to each subject
791-that I choose below, the authority to do all acts that I could do to:
758+This section of the form provides for designation of two or more coagents. Coagents are 31
759+required to act together unanimously unless you otherwise provide in this form. 32
792760
793- (1) Demand, receive, and obtain by litigation or otherwise, money or
794-another thing of value to which the principal is, may become, or claims to be entitled, and
795-conserve, invest, disburse, or use anything so received or obtained for the purposes
796-intended;
761+I, ___________________________________________________________________________, 33
762+ HOUSE BILL 18 17
797763
798- (2) Contract with another person, on terms agreeable to the agent, to
799-accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
800-restate, release, or modify the contract or another contract made by or on behalf of the
801-principal;
802- Ch. 696 2023 LAWS OF MARYLAND
803764
804-– 18 –
805- (3) Execute, acknowledge, seal, deliver, file, or record any instrument or
806-communication the agent considers desirable to accomplish a purpose of a transaction,
807-including creating a schedule contemporaneously or at a later time listing some or all of the
808-principal’s property and attaching the schedule to this power of attorney;
765+(Name of Principal) 1
809766
810- (4) Initiate, participate in, submit to alternative dispute resolution, settle,
811-oppose, or propose or accept a compromise with respect to a claim existing in favor of or
812-against the principal or intervene in litigation relating to the claim;
767+Name the following persons as coagents: 2
813768
814- (5) Seek on the principal’s behalf the assistance of a court or other
815-governmental agency to carry out an act authorized in this power of attorney;
769+Name of Coagent: ____________________________________________________________ 3
816770
817- (6) Engage, compensate, and discharge an attorney, accountant,
818-discretionary investment manager, expert witness, or other advisor;
771+Coagent’s Address: ___________________________________________________________ 4
819772
820- (7) Prepare, execute, and file a record, report, or other document to
821-safeguard or promote the principal’s interest under a statute or regulation;
773+Coagent’s Telephone Number: _________________________________________________ 5
822774
823- (8) Communicate with representatives or employees of a government or
824-governmental subdivision, agency, or instrumentality, on behalf of the principal;
775+Name of Coagent: ____________________________________________________________ 6
825776
826- (9) Access communications intended for, and communicate on behalf of the
827-principal, whether by mail, electronic transmission, telephone, or other means; and
777+Coagent’s Address: ___________________________________________________________ 7
828778
829- (10) Do lawful acts with respect to the subject and all property related to the
830-subject.
779+Coagent’s Telephone Number: _________________________________________________ 8
831780
832-(INITIAL each authority in any subject you want to include in the agent’s general
833-authority. Cross through each authority in any subject that you want to exclude. If you
834-wish to grant general authority over an entire subject, you may initial “All of the above”
835-instead of initialing each authority.)
781+Special Instructions Regarding Coagents: ____________________________________________ 9
782+___________________________________________________________________________________ 10
783+___________________________________________________________________________________ 11
784+___________________________________________________________________________________ 12
836785
837-SUBJECTS AND AUTHORITY
786+DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 13
838787
839- A. Real Property – With respect to this category, I authorize my agent to:
788+If my agent is unable or unwilling to act for me, I name as my successor agent: 14
840789
841- (___) Demand, buy, lease, receive, accept as a gift or as security for an
842-extension of credit, or otherwise acquire or reject an interest in real property or a right
843-incident to real property
790+Name of Successor Agent: _____________________________________________________ 15
791+Successor Agent’s 16
792+Address: _____________________________________________________________________ 17
793+Successor Agent’s Telephone Number: __________________________________________ 18
844794
845- (___) Sell, exchange, convey with or without covenants, representations, or
846-warranties, quitclaim, release, surrender, retain title for security, encumber, partition,
847-consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or
848-other governmental permits, plat or consent to platting, develop, grant an option
849-concerning, lease, sublease, contribute to an entity in exchange for an interest in that WES MOORE, Governor Ch. 696
795+If my successor agent is unable or unwilling to act for me, I name as my second successor 19
796+agent: 20
850797
851-– 19 –
852-entity, or otherwise grant or dispose of an interest in real property or a right incident to
853-real property
798+Name of Second Successor 21
799+Agent: _______________________________________________________________________ 22
800+Second Successor Agent’s 23
801+Address: _____________________________________________________________________ 24
802+Second Successor Agent’s Telephone Number: ___________________________________ 25
854803
855- (___) Pledge or mortgage an interest in real property or right incident to real
856-property as security to borrow money or pay, renew, or extend the time of payment of a
857-debt of the principal or a debt guaranteed by the principal, including a reverse mortgage
804+GRANT OF GENERAL AUTHORITY 26
858805
859- (___) Release, assign, satisfy, or enforce by litigation or otherwise a
860-mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real
861-property that exists or is asserted
806+I (“the principal”) grant my agent and any successor agent, with respect to each subject 27
807+that I choose below, the authority to do all acts that I could do to: 28
862808
863- (___) Manage or conserve an interest in real property or a right incident to
864-real property owned or claimed to be owned by the principal, including:
809+ (1) Demand, receive, and obtain by litigation or otherwise, money or 29
810+another thing of value to which the principal is, may become, or claims to be entitled, and 30 18 HOUSE BILL 18
865811
866- (1) Insuring against liability or casualty or other loss;
867812
868- (2) Obtaining or regaining possession of or protecting the interest or
869-right by litigation or otherwise;
813+conserve, invest, disburse, or use anything so received or obtained for the purposes 1
814+intended; 2
870815
871- (3) Paying, assessing, compromising, or contesting taxes or
872-assessments or applying for and receiving refunds in connection with them; and
816+ (2) Contract with another person, on terms agreeable to the agent, to 3
817+accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 4
818+restate, release, or modify the contract or another contract made by or on behalf of the 5
819+principal; 6
873820
874- (4) Purchasing supplies, hiring assistance or labor, and making
875-repairs or alterations to the real property
821+ (3) Execute, acknowledge, seal, deliver, file, or record any instrument or 7
822+communication the agent considers desirable to accomplish a purpose of a transaction, 8
823+including creating a schedule contemporaneously or at a later time listing some or all of the 9
824+principal’s property and attaching the schedule to this power of attorney; 10
876825
877- (___) Use, develop, alter, replace, remove, erect, or install structures or other
878-improvements on real property in or incident to which the principal has, or claims to have,
879-an interest or right
826+ (4) Initiate, participate in, submit to alternative dispute resolution, settle, 11
827+oppose, or propose or accept a compromise with respect to a claim existing in favor of or 12
828+against the principal or intervene in litigation relating to the claim; 13
880829
881- (___) Participate in a reorganization with respect to real property or an entity
882-that owns an interest in or a right incident to real property and receive, hold, and act with
883-respect to stocks and bonds or other property received in a plan of reorganization, including:
830+ (5) Seek on the principal’s behalf the assistance of a court or other 14
831+governmental agency to carry out an act authorized in this power of attorney; 15
884832
885- (1) Selling or otherwise disposing of the stocks and bonds or other
886-property;
833+ (6) Engage, compensate, and discharge an attorney, accountant, 16
834+discretionary investment manager, expert witness, or other advisor; 17
887835
888- (2) Exercising or selling an option, a right of conversion, or a similar
889-right with respect to the stocks and bonds or other property; and
836+ (7) Prepare, execute, and file a record, report, or other document to 18
837+safeguard or promote the principal’s interest under a statute or regulation; 19
890838
891- (3) Exercising voting rights in person or by proxy
839+ (8) Communicate with representatives or employees of a government or 20
840+governmental subdivision, agency, or instrumentality, on behalf of the principal; 21
892841
893- (___) Change the form of title of an interest in or a right incident to real
894-property
842+ (9) Access communications intended for, and communicate on behalf of the 22
843+principal, whether by mail, electronic transmission, telephone, or other means; and 23
895844
896- (___) Dedicate to public use, with or without consideration, easements or
897-other real property in which the principal has, or claims to have, an interest Ch. 696 2023 LAWS OF MARYLAND
845+ (10) Do lawful acts with respect to the subject and all property related to the 24
846+subject. 25
898847
899-– 20 –
848+(INITIAL each authority in any subject you want to include in the agent’s general 26
849+authority. Cross through each authority in any subject that you want to exclude. If you 27
850+wish to grant general authority over an entire subject, you may initial “All of the above” 28
851+instead of initialing each authority.) 29
900852
901- (___) All of the above
853+SUBJECTS AND AUTHORITY 30
902854
903- B. Tangible Personal Property – With respect to this subject, I authorize my
904-agent to:
855+ A. Real Property – With respect to this category, I authorize my agent to: 31
905856
906- (___) Demand, buy, receive, accept as a gift or as security for an extension of
907-credit, or otherwise acquire or reject ownership or possession of tangible personal property
908-or an interest in tangible personal property
857+ (___) Demand, buy, lease, receive, accept as a gift or as security for an 32
858+extension of credit, or otherwise acquire or reject an interest in real property or a right 33
859+incident to real property 34 HOUSE BILL 18 19
909860
910- (___) Sell, exchange, convey with or without covenants, representations, or
911-warranties, quitclaim, release, surrender, create a security interest in, grant options
912-concerning, lease, sublease, or otherwise dispose of tangible personal property or an
913-interest in tangible personal property
914861
915- (___) Grant a security interest in tangible personal property or an interest in
916-tangible personal property as security to borrow money or pay, renew, or extend the time
917-of payment of a debt of the principal or a debt guaranteed by the principal
918862
919- (___) Release, assign, satisfy, or enforce by litigation or otherwise, a security
920-interest, lien, or other claim on behalf of the principal, with respect to tangible personal
921-property or an interest in tangible personal property
863+ (___) Sell, exchange, convey with or without covenants, representations, or 1
864+warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 2
865+consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 3
866+other governmental permits, plat or consent to platting, develop, grant an option 4
867+concerning, lease, sublease, contribute to an entity in exchange for an interest in that 5
868+entity, or otherwise grant or dispose of an interest in real property or a right incident to 6
869+real property 7
922870
923- (___) Manage or conserve tangible personal property or an interest in
924-tangible personal property on behalf of the principal, including:
871+ (___) Pledge or mortgage an interest in real property or right incident to real 8
872+property as security to borrow money or pay, renew, or extend the time of payment of a 9
873+debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 10
925874
926- (1) Insuring against liability or casualty or other loss;
875+ (___) Release, assign, satisfy, or enforce by litigation or otherwise a 11
876+mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 12
877+property that exists or is asserted 13
927878
928- (2) Obtaining or regaining possession of or protecting the property
929-or interest, by litigation or otherwise;
879+ (___) Manage or conserve an interest in real property or a right incident to 14
880+real property owned or claimed to be owned by the principal, including: 15
930881
931- (3) Paying, assessing, compromising, or contesting taxes or
932-assessments or applying for and receiving refunds in connection with taxes or assessments;
882+ (1) Insuring against liability or casualty or other loss; 16
933883
934- (4) Moving the property from place to place;
884+ (2) Obtaining or regaining possession of or protecting the interest or 17
885+right by litigation or otherwise; 18
935886
936- (5) Storing the property for hire or on a gratuitous bailment; and
887+ (3) Paying, assessing, compromising, or contesting taxes or 19
888+assessments or applying for and receiving refunds in connection with them; and 20
937889
938- (6) Using and making repairs, alterations, or improvements to the
939-property
890+ (4) Purchasing supplies, hiring assistance or labor, and making 21
891+repairs or alterations to the real property 22
940892
941- (___) Change the form of title of an interest in tangible personal property
893+ (___) Use, develop, alter, replace, remove, erect, or install structures or other 23
894+improvements on real property in or incident to which the principal has, or claims to have, 24
895+an interest or right 25
942896
943- (___) All of the above
897+ (___) Participate in a reorganization with respect to real property or an entity 26
898+that owns an interest in or a right incident to real property and receive, hold, and act with 27
899+respect to stocks and bonds or other property received in a plan of reorganization, including: 28
944900
945- C. Stocks and Bonds – With respect to this subject, I authorize my agent to: WES MOORE, Governor Ch. 696
901+ (1) Selling or otherwise disposing of the stocks and bonds or other 29
902+property; 30
946903
947-– 21 –
904+ (2) Exercising or selling an option, a right of conversion, or a similar 31
905+right with respect to the stocks and bonds or other property; and 32
948906
949- (___) Buy, sell, and exchange stocks and bonds
907+ (3) Exercising voting rights in person or by proxy 33
908+ 20 HOUSE BILL 18
950909
951- (___) Establish, continue, modify, or terminate an account with respect to
952-stocks and bonds
953910
954- (___) Pledge stocks and bonds as security to borrow, pay, renew, or extend
955-the time of payment of a debt of the principal
911+ (___) Change the form of title of an interest in or a right incident to real 1
912+property 2
956913
957- (___) Receive certificates and other evidences of ownership with respect to
958-stocks and bonds
914+ (___) Dedicate to public use, with or without consideration, easements or 3
915+other real property in which the principal has, or claims to have, an interest 4
959916
960- (___) Exercise voting rights with respect to stocks and bonds in person or by
961-proxy, enter into voting trusts, and consent to limitations on the right to vote
917+ (___) All of the above 5
962918
963- (___) All of the above
919+ B. Tangible Personal Property – With respect to this subject, I authorize my 6
920+agent to: 7
964921
965- D. Commodities – With respect to this subject, I authorize my agent to:
922+ (___) Demand, buy, receive, accept as a gift or as security for an extension of 8
923+credit, or otherwise acquire or reject ownership or possession of tangible personal property 9
924+or an interest in tangible personal property 10
966925
967- (___) Buy, sell, exchange, assign, settle, and exercise commodity futures
968-contracts and call or put options on stocks or stock indexes traded on a regulated option
969-exchange
926+ (___) Sell, exchange, convey with or without covenants, representations, or 11
927+warranties, quitclaim, release, surrender, create a security interest in, grant options 12
928+concerning, lease, sublease, or otherwise dispose of tangible personal property or an 13
929+interest in tangible personal property 14
970930
971- (___) Establish, continue, modify, and terminate option accounts
931+ (___) Grant a security interest in tangible personal property or an interest in 15
932+tangible personal property as security to borrow money or pay, renew, or extend the time 16
933+of payment of a debt of the principal or a debt guaranteed by the principal 17
972934
973- (___) All of the above
935+ (___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 18
936+interest, lien, or other claim on behalf of the principal, with respect to tangible personal 19
937+property or an interest in tangible personal property 20
974938
975- E. Banks and Other Financial Institutions – With respect to this subject, I
976-authorize my agent to:
939+ (___) Manage or conserve tangible personal property or an interest in 21
940+tangible personal property on behalf of the principal, including: 22
977941
978- (___) Continue, modify, transact all business in connection with, and
979-terminate an account or other banking arrangement made by or on behalf of the principal
942+ (1) Insuring against liability or casualty or other loss; 23
980943
981- (___) Establish, modify, transact all business in connection with, and
982-terminate an account or other banking arrangement with a bank, trust company, savings
983-and loan association, credit union, thrift company, brokerage firm, or other financial
984-institution selected by the agent
944+ (2) Obtaining or regaining possession of or protecting the property 24
945+or interest, by litigation or otherwise; 25
985946
986- (___) Contract for services available from a financial institution, including
987-renting a safe deposit box or space in a vault
947+ (3) Paying, assessing, compromising, or contesting taxes or 26
948+assessments or applying for and receiving refunds in connection with taxes or assessments; 27
988949
989- (___) Deposit by check, money order, electronic funds transfer, or otherwise
990-with, or leave in the custody of, a financial institution money or property of the principal
991- Ch. 696 2023 LAWS OF MARYLAND
950+ (4) Moving the property from place to place; 28
992951
993-– 22 –
994- (___) Withdraw, by check, money order, electronic funds transfer, or
995-otherwise, money or property of the principal deposited with or left in the custody of a
996-financial institution
952+ (5) Storing the property for hire or on a gratuitous bailment; and 29
997953
998- (___) Receive statements of account, vouchers, notices, and similar
999-documents from a financial institution and act with respect to them
954+ (6) Using and making repairs, alterations, or improvements to the 30
955+property 31
1000956
1001- (___) Enter a safe deposit box or vault and withdraw or add to the contents
957+ (___) Change the form of title of an interest in tangible personal property 32 HOUSE BILL 18 21
1002958
1003- (___) Borrow money and pledge as security personal property of the principal
1004-necessary to borrow money or pay, renew, or extend the time of payment of a debt of the
1005-principal or a debt guaranteed by the principal
1006959
1007- (___) Make, assign, draw, endorse, discount, guarantee, and negotiate
1008-promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the
1009-principal or payable to the principal or the principal’s order, transfer money, receive the
1010-cash or other proceeds of those transactions, and accept a draft drawn by a person on the
1011-principal and pay the draft when due
1012960
1013- (___) Receive for the principal and act on a sight draft, warehouse receipt,
1014-other document of title whether tangible or electronic, or other negotiable or nonnegotiable
1015-instrument
961+ (___) All of the above 1
1016962
1017- (___) Apply for, receive, and use letters of credit, credit cards and debit cards,
1018-electronic transaction authorizations, and traveler’s checks from a financial institution and
1019-give an indemnity or other agreement in connection with letters of credit
963+ C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 2
1020964
1021- (___) Consent to an extension of the time of payment with respect to
1022-commercial paper or a financial transaction with a financial institution
965+ (___) Buy, sell, and exchange stocks and bonds 3
1023966
1024- (___) All of the above
967+ (___) Establish, continue, modify, or terminate an account with respect to 4
968+stocks and bonds 5
1025969
1026- F. Operation of an Entity or a Business – With respect to this subject, I authorize
1027-my agent to:
970+ (___) Pledge stocks and bonds as security to borrow, pay, renew, or extend 6
971+the time of payment of a debt of the principal 7
1028972
1029- (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest
973+ (___) Receive certificates and other evidences of ownership with respect to 8
974+stocks and bonds 9
1030975
1031- (___) Perform a duty or discharge a liability and exercise in person or by
1032-proxy a right, power, privilege, or an option that the principal has, may have, or claims to
1033-have
976+ (___) Exercise voting rights with respect to stocks and bonds in person or by 10
977+proxy, enter into voting trusts, and consent to limitations on the right to vote 11
1034978
1035- (___) Enforce the terms of an ownership agreement
979+ (___) All of the above 12
1036980
1037- (___) Initiate, participate in, submit to alternative dispute resolution, settle,
1038-oppose, or propose or accept a compromise with respect to litigation to which the principal
1039-is a party because of an ownership interest WES MOORE, Governor Ch. 696
981+ D. Commodities – With respect to this subject, I authorize my agent to: 13
1040982
1041-– 23 –
983+ (___) Buy, sell, exchange, assign, settle, and exercise commodity futures 14
984+contracts and call or put options on stocks or stock indexes traded on a regulated option 15
985+exchange 16
1042986
1043- (___) Exercise in person or by proxy, or enforce by litigation or otherwise, a
1044-right, power, privilege, or an option the principal has or claims to have as the holder of
1045-stocks and bonds
987+ (___) Establish, continue, modify, and terminate option accounts 17
1046988
1047- (___) Initiate, participate in, submit to alternative dispute resolution, settle,
1048-oppose, or propose or accept a compromise with respect to litigation to which the principal
1049-is a party concerning stocks and bonds
989+ (___) All of the above 18
1050990
1051- (___) With respect to an entity or business owned solely by the principal:
991+ E. Banks and Other Financial Institutions – With respect to this subject, I 19
992+authorize my agent to: 20
1052993
1053- (1) Continue, modify, renegotiate, extend, and terminate a contract
1054-made by or on behalf of the principal with respect to the entity or business before execution
1055-of this power of attorney;
994+ (___) Continue, modify, transact all business in connection with, and 21
995+terminate an account or other banking arrangement made by or on behalf of the principal 22
1056996
1057- (2) Determine:
997+ (___) Establish, modify, transact all business in connection with, and 23
998+terminate an account or other banking arrangement with a bank, trust company, savings 24
999+and loan association, credit union, thrift company, brokerage firm, or other financial 25
1000+institution selected by the agent 26
10581001
1059- (i) The location of the operation of the entity or business;
1002+ (___) Contract for services available from a financial institution, including 27
1003+renting a safe deposit box or space in a vault 28
10601004
1061- (ii) The nature and extent of the business of the entity or
1062-business;
1005+ (___) Deposit by check, money order, electronic funds transfer, or otherwise 29
1006+with, or leave in the custody of, a financial institution money or property of the principal 30 22 HOUSE BILL 18
10631007
1064- (iii) The methods of manufacturing, selling, merchandising,
1065-financing, accounting, and advertising employed in the operation of the entity or business;
10661008
1067- (iv) The amount and types of insurance carried by the entity
1068-or business; and
10691009
1070- (v) The mode of engaging, compensating, and dealing with the
1071-employees and accountants, attorneys, or other advisors of the entity or business;
1010+ (___) Withdraw, by check, money order, electronic funds transfer, or 1
1011+otherwise, money or property of the principal deposited with or left in the custody of a 2
1012+financial institution 3
10721013
1073- (3) Change the name or form of organization under which the entity
1074-or business is operated and enter into an ownership agreement with other persons to take
1075-over all or part of the operation of the entity or business; and
1014+ (___) Receive statements of account, vouchers, notices, and similar 4
1015+documents from a financial institution and act with respect to them 5
10761016
1077- (4) Demand and receive money due or claimed by the principal or on
1078-the principal’s behalf in the operation of the entity or business and control and disburse the
1079-money in the operation of the entity or business
1017+ (___) Enter a safe deposit box or vault and withdraw or add to the contents 6
10801018
1081- (___) Put additional capital into an entity or a business in which the principal
1082-has an interest
1019+ (___) Borrow money and pledge as security personal property of the principal 7
1020+necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 8
1021+principal or a debt guaranteed by the principal 9
10831022
1084- (___) Join in a plan of reorganization, consolidation, conversion,
1085-domestication, or merger of the entity or business
1023+ (___) Make, assign, draw, endorse, discount, guarantee, and negotiate 10
1024+promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 11
1025+principal or payable to the principal or the principal’s order, transfer money, receive the 12
1026+cash or other proceeds of those transactions, and accept a draft drawn by a person on the 13
1027+principal and pay the draft when due 14
10861028
1087- (___) Sell or liquidate all or part of an entity or business Ch. 696 2023 LAWS OF MARYLAND
1029+ (___) Receive for the principal and act on a sight draft, warehouse receipt, 15
1030+other document of title whether tangible or electronic, or other negotiable or nonnegotiable 16
1031+instrument 17
10881032
1089-– 24 –
1033+ (___) Apply for, receive, and use letters of credit, credit cards and debit cards, 18
1034+electronic transaction authorizations, and traveler’s checks from a financial institution and 19
1035+give an indemnity or other agreement in connection with letters of credit 20
10901036
1091- (___) Establish the value of an entity or a business under a buyout agreement
1092-to which the principal is a party
1037+ (___) Consent to an extension of the time of payment with respect to 21
1038+commercial paper or a financial transaction with a financial institution 22
10931039
1094- (___) Prepare, sign, file, and deliver reports, compilations of information,
1095-returns, or other papers with respect to an entity or business and make related payments
1040+ (___) All of the above 23
10961041
1097- (___) Pay, compromise, or contest taxes, assessments, fines, or penalties and
1098-perform other acts to protect the principal from illegal or unnecessary taxation,
1099-assessments, fines, or penalties, with respect to an entity or a business, including attempts
1100-to recover, as permitted by law, money paid before or after the execution of this power of
1101-attorney
1042+ F. Operation of an Entity or a Business – With respect to this subject, I authorize 24
1043+my agent to: 25
11021044
1103- (___) All of the above
1045+ (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 26
11041046
1105- G. Insurance and Annuities – With respect to this subject, I authorize my agent
1106-to:
1047+ (___) Perform a duty or discharge a liability and exercise in person or by 27
1048+proxy a right, power, privilege, or an option that the principal has, may have, or claims to 28
1049+have 29
11071050
1108- (___) Continue, pay the premium or make a contribution on, modify,
1109-exchange, rescind, release, or terminate a contract procured by or on behalf of the principal
1110-that insures or provides an annuity to either the principal or another person, whether or
1111-not the principal is a beneficiary under the contract
1051+ (___) Enforce the terms of an ownership agreement 30
11121052
1113- (___) Procure new, different, and additional contracts of insurance and
1114-annuities for the principal and the principal’s spouse, children, and other dependents, and
1115-select the amount, type of insurance or annuity, and mode of payment
1053+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 31
1054+oppose, or propose or accept a compromise with respect to litigation to which the principal 32
1055+is a party because of an ownership interest 33 HOUSE BILL 18 23
11161056
1117- (___) Pay the premium or make a contribution on, modify, exchange, rescind,
1118-release, or terminate a contract of insurance or annuity procured by the agent
11191057
1120- (___) Apply for and receive a loan secured by a contract of insurance or
1121-annuity
11221058
1123- (___) Surrender and receive the cash surrender value on a contract of
1124-insurance or annuity
1059+ (___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 1
1060+right, power, privilege, or an option the principal has or claims to have as the holder of 2
1061+stocks and bonds 3
11251062
1126- (___) Exercise an election
1063+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 4
1064+oppose, or propose or accept a compromise with respect to litigation to which the principal 5
1065+is a party concerning stocks and bonds 6
11271066
1128- (___) Exercise investment powers available under a contract of insurance or
1129-annuity
1067+ (___) With respect to an entity or business owned solely by the principal: 7
11301068
1131- (___) Change the manner of paying premiums on a contract of insurance or
1132-annuity
1069+ (1) Continue, modify, renegotiate, extend, and terminate a contract 8
1070+made by or on behalf of the principal with respect to the entity or business before execution 9
1071+of this power of attorney; 10
11331072
1134- (___) Change or convert the type of insurance or annuity with respect to
1135-which the principal has or claims to have authority described in this section WES MOORE, Governor Ch. 696
1073+ (2) Determine: 11
11361074
1137-– 25 –
1075+ (i) The location of the operation of the entity or business; 12
11381076
1139- (___) Apply for and procure a benefit or assistance under a statute or
1140-regulation to guarantee or pay premiums of a contract of insurance on the life of the
1141-principal
1077+ (ii) The nature and extent of the business of the entity or 13
1078+business; 14
11421079
1143- (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest
1144-of the principal in a contract of insurance or annuity
1080+ (iii) The methods of manufacturing, selling, merchandising, 15
1081+financing, accounting, and advertising employed in the operation of the entity or business; 16
11451082
1146- (___) Select the form and timing of the payment of proceeds from a contract
1147-of insurance or annuity
1083+ (iv) The amount and types of insurance carried by the entity 17
1084+or business; and 18
11481085
1149- (___) Pay, from proceeds or otherwise, compromise or contest, and apply for
1150-refunds in connection with a tax or assessment levied by a taxing authority with respect to
1151-a contract of insurance or annuity or the proceeds or liability from the contract of insurance
1152-or annuity accruing by reason of the tax or assessment
1086+ (v) The mode of engaging, compensating, and dealing with the 19
1087+employees and accountants, attorneys, or other advisors of the entity or business; 20
11531088
1154- (___) All of the above
1089+ (3) Change the name or form of organization under which the entity 21
1090+or business is operated and enter into an ownership agreement with other persons to take 22
1091+over all or part of the operation of the entity or business; and 23
11551092
1156- H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate
1157-estates, guardianships, conservatorships, escrows, or custodianships or funds from which
1158-the principal is, may become, or claims to be entitled to a share or payment) – With respect
1159-to this subject, I authorize my agent to:
1093+ (4) Demand and receive money due or claimed by the principal or on 24
1094+the principal’s behalf in the operation of the entity or business and control and disburse the 25
1095+money in the operation of the entity or business 26
11601096
1161- (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in
1162-or payment from the fund described above
1097+ (___) Put additional capital into an entity or a business in which the principal 27
1098+has an interest 28
11631099
1164- (___) Demand or obtain money or another thing of value to which the
1165-principal is, may become, or claims to be entitled by reason of the fund described above, by
1166-litigation or otherwise
1100+ (___) Join in a plan of reorganization, consolidation, conversion, 29
1101+domestication, or merger of the entity or business 30
11671102
1168- (___) Exercise for the benefit of the principal a presently exercisable general
1169-power of appointment held by the principal
1103+ (___) Sell or liquidate all or part of an entity or business 31
1104+ 24 HOUSE BILL 18
11701105
1171- (___) Initiate, participate in, submit to alternative dispute resolution, settle,
1172-oppose, or propose or accept a compromise with respect to litigation to ascertain the
1173-meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or
1174-transaction affecting the interest of the principal
11751106
1176- (___) Initiate, participate in, submit to alternative dispute resolution, settle,
1177-oppose, or propose or accept a compromise with respect to litigation to remove, substitute,
1178-or surcharge a fiduciary
1107+ (___) Establish the value of an entity or a business under a buyout agreement 1
1108+to which the principal is a party 2
11791109
1180- (___) Conserve, invest, disburse, or use anything received for an authorized
1181-purpose
1182- Ch. 696 2023 LAWS OF MARYLAND
1110+ (___) Prepare, sign, file, and deliver reports, compilations of information, 3
1111+returns, or other papers with respect to an entity or business and make related payments 4
11831112
1184-– 26 –
1185- (___) Transfer an interest of the principal in real property, stocks and bonds,
1186-accounts with financial institutions or securities intermediaries, insurance, annuities, and
1187-other property to the trustee of a revocable trust created by the principal as settlor
1113+ (___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 5
1114+perform other acts to protect the principal from illegal or unnecessary taxation, 6
1115+assessments, fines, or penalties, with respect to an entity or a business, including attempts 7
1116+to recover, as permitted by law, money paid before or after the execution of this power of 8
1117+attorney 9
11881118
1189- (___) Reject, renounce, disclaim, release, or consent to a reduction in or
1190-modification of a share in or payment from the fund described above
1119+ (___) All of the above 10
11911120
1192- (___) Elect to take an elective share of an estate subject to election under §
1193-3–403 of the Estates and Trusts Article
1121+ G. Insurance and Annuities – With respect to this subject, I authorize my agent 11
1122+to: 12
11941123
1195- (___) All of the above
1124+ (___) Continue, pay the premium or make a contribution on, modify, 13
1125+exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 14
1126+that insures or provides an annuity to either the principal or another person, whether or 15
1127+not the principal is a beneficiary under the contract 16
11961128
1197- I. Claims and Litigation – With respect to this subject, I authorize my agent to:
1129+ (___) Procure new, different, and additional contracts of insurance and 17
1130+annuities for the principal and the principal’s spouse, children, and other dependents, and 18
1131+select the amount, type of insurance or annuity, and mode of payment 19
11981132
1199- (___) Assert and maintain before a court or administrative agency a claim,
1200-claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an
1201-action to recover property or other thing of value, recover damages sustained by the
1202-principal, eliminate or modify tax liability, or seek an injunction, specific performance, or
1203-other relief
1133+ (___) Pay the premium or make a contribution on, modify, exchange, rescind, 20
1134+release, or terminate a contract of insurance or annuity procured by the agent 21
12041135
1205- (___) Bring an action to determine adverse claims or intervene or otherwise
1206-participate in litigation
1136+ (___) Apply for and receive a loan secured by a contract of insurance or 22
1137+annuity 23
12071138
1208- (___) Seek an attachment, garnishment, order of arrest, or other preliminary,
1209-provisional, or intermediate relief and use an available procedure to effect or satisfy a
1210-judgment, order, or decree
1139+ (___) Surrender and receive the cash surrender value on a contract of 24
1140+insurance or annuity 25
12111141
1212- (___) Make or accept a tender, offer of judgment, or admission of facts, submit
1213-a controversy on an agreed statement of facts, consent to examination, and bind the
1214-principal in litigation
1142+ (___) Exercise an election 26
12151143
1216- (___) Submit to alternative dispute resolution, settle, and propose or accept
1217-a compromise
1144+ (___) Exercise investment powers available under a contract of insurance or 27
1145+annuity 28
12181146
1219- (___) Waive the issuance and service of process on the principal, accept
1220-service of process, appear for the principal, designate persons on which process directed to
1221-the principal may be served, execute and file or deliver stipulations on the principal’s
1222-behalf, verify pleadings, seek appellate review, procure and give surety and indemnity
1223-bonds, contract and pay for the preparation and printing of records and briefs, receive,
1224-execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction
1225-of judgment, notice, agreement, or other instrument in connection with the prosecution,
1226-settlement, or defense of a claim or litigation
1147+ (___) Change the manner of paying premiums on a contract of insurance or 29
1148+annuity 30
12271149
1228- (___) Act for the principal with respect to bankruptcy or insolvency, whether
1229-voluntary or involuntary, concerning the principal or some other person, or with respect to WES MOORE, Governor Ch. 696
1150+ (___) Change or convert the type of insurance or annuity with respect to 31
1151+which the principal has or claims to have authority described in this section 32
1152+ HOUSE BILL 18 25
12301153
1231-– 27 –
1232-a reorganization, receivership, or application for the appointment of a receiver or trustee
1233-that affects an interest of the principal in property or other thing of value
12341154
1235- (___) Pay a judgment, award, or order against the principal or a settlement
1236-made in connection with a claim or litigation
1155+ (___) Apply for and procure a benefit or assistance under a statute or 1
1156+regulation to guarantee or pay premiums of a contract of insurance on the life of the 2
1157+principal 3
12371158
1238- (___) Receive money or other thing of value paid in settlement of or as
1239-proceeds of a claim or litigation
1159+ (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 4
1160+of the principal in a contract of insurance or annuity 5
12401161
1241- (___) All of the above
1162+ (___) Select the form and timing of the payment of proceeds from a contract 6
1163+of insurance or annuity 7
12421164
1243- J. Personal and Family Maintenance – With respect to this subject, I authorize
1244-my agent to:
1165+ (___) Pay, from proceeds or otherwise, compromise or contest, and apply for 8
1166+refunds in connection with a tax or assessment levied by a taxing authority with respect to 9
1167+a contract of insurance or annuity or the proceeds or liability from the contract of insurance 10
1168+or annuity accruing by reason of the tax or assessment 11
12451169
1246- (___) Perform the acts necessary to maintain the customary standard of
1247-living of the principal, the principal’s spouse, and the following individuals, whether living
1248-when this power of attorney is executed or later born:
1170+ (___) All of the above 12
12491171
1250- (1) The principal’s children;
1172+ H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 13
1173+estates, guardianships, conservatorships, escrows, or custodianships or funds from which 14
1174+the principal is, may become, or claims to be entitled to a share or payment) – With respect 15
1175+to this subject, I authorize my agent to: 16
12511176
1252- (2) Other individuals legally entitled to be supported by the
1253-principal; and
1177+ (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 17
1178+or payment from the fund described above 18
12541179
1255- (3) The individuals whom the principal has customarily supported
1256-or indicated the intent to support;
1180+ (___) Demand or obtain money or another thing of value to which the 19
1181+principal is, may become, or claims to be entitled by reason of the fund described above, by 20
1182+litigation or otherwise 21
12571183
1258- (___) Make periodic payments of child support and other family maintenance
1259-required by a court or governmental agency or an agreement to which the principal is a
1260-party
1184+ (___) Exercise for the benefit of the principal a presently exercisable general 22
1185+power of appointment held by the principal 23
12611186
1262- (___) Provide living quarters for the individuals described above by:
1187+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 24
1188+oppose, or propose or accept a compromise with respect to litigation to ascertain the 25
1189+meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 26
1190+transaction affecting the interest of the principal 27
12631191
1264- (1) Purchase, lease, or other contract; or
1192+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 28
1193+oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 29
1194+or surcharge a fiduciary 30
12651195
1266- (2) Paying the operating costs, including interest, amortization
1267-payments, repairs, improvements, and taxes, for premises owned by the principal or
1268-occupied by those individuals
1196+ (___) Conserve, invest, disburse, or use anything received for an authorized 31
1197+purpose 32
12691198
1270- (___) Provide normal domestic help, usual vacations and travel expenses, and
1271-funds for shelter, clothing, food, appropriate education, including postsecondary and
1272-vocational education, and other current living costs for the individuals described above
1199+ (___) Transfer an interest of the principal in real property, stocks and bonds, 33
1200+accounts with financial institutions or securities intermediaries, insurance, annuities, and 34
1201+other property to the trustee of a revocable trust created by the principal as settlor 35 26 HOUSE BILL 18
12731202
1274- (___) Pay expenses for necessary health care and custodial care on behalf of
1275-the individuals described above
1276- Ch. 696 2023 LAWS OF MARYLAND
12771203
1278-– 28 –
1279- (___) Act as the principal’s personal representative in accordance with the
1280-Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social
1281-Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to
1282-the past, present, or future payment for the provision of health care consented to by the
1283-principal or anyone authorized under the law of this State to consent to health care on
1284-behalf of the principal
12851204
1286- (___) Continue provisions made by the principal for automobiles or other
1287-means of transportation, including registering, licensing, insuring, and replacing the
1288-means of transportation, for the individuals described above
1205+ (___) Reject, renounce, disclaim, release, or consent to a reduction in or 1
1206+modification of a share in or payment from the fund described above 2
12891207
1290- (___) Maintain credit and debit accounts for the convenience of the
1291-individuals described above and open new accounts
1208+ (___) Elect to take an elective share of an estate subject to election under § 3
1209+3–403 of the Estates and Trusts Article 4
12921210
1293- (___) Continue payments incidental to the membership or affiliation of the
1294-principal in a religious institution, club, society, order, or other organization or to continue
1295-contributions to those organizations
1211+ (___) All of the above 5
12961212
1297- (NOTE: Authority with respect to personal and family maintenance is neither
1298-dependent on, nor limited by, authority that an agent may or may not have with respect to
1299-gifts under this power of attorney.)
1213+ I. Claims and Litigation – With respect to this subject, I authorize my agent to: 6
13001214
1301- (___) All of the above
1215+ (___) Assert and maintain before a court or administrative agency a claim, 7
1216+claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 8
1217+action to recover property or other thing of value, recover damages sustained by the 9
1218+principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 10
1219+other relief 11
13021220
1303- K. Benefits from Governmental Programs or Civil or Military Service (including
1304-any benefit, program, or assistance provided under a statute or regulation including Social
1305-Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to:
1221+ (___) Bring an action to determine adverse claims or intervene or otherwise 12
1222+participate in litigation 13
13061223
1307- (___) Execute vouchers in the name of the principal for allowances and
1308-reimbursements payable by the United States or a foreign government or by a state or
1309-subdivision of a state to the principal, including allowances and reimbursements for
1310-transportation of the individuals described in “J. Personal and Family Maintenance” above,
1311-and for shipment of the household effects of those individuals
1224+ (___) Seek an attachment, garnishment, order of arrest, or other preliminary, 14
1225+provisional, or intermediate relief and use an available procedure to effect or satisfy a 15
1226+judgment, order, or decree 16
13121227
1313- (___) Take possession and order the removal and shipment of property of the
1314-principal from a post, warehouse, depot, dock, or other place of storage or safekeeping,
1315-either governmental or private, and execute and deliver a release, voucher, receipt, bill of
1316-lading, shipping ticket, certificate, or other instrument for that purpose
1228+ (___) Make or accept a tender, offer of judgment, or admission of facts, submit 17
1229+a controversy on an agreed statement of facts, consent to examination, and bind the 18
1230+principal in litigation 19
13171231
1318- (___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO
1319-QUALIFY FOR A GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING
1320-PERSONAL AND FINANCI AL RECORDS AND , TO THE EXTENT SPECIFICALLY
1321-AUTHORIZED BELOW , TO TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY
1232+ (___) Submit to alternative dispute resolution, settle, and propose or accept 20
1233+a compromise 21
13221234
1323- (___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the
1324-principal’s behalf, a GOVERNMENTAL benefit or program WES MOORE, Governor Ch. 696
1235+ (___) Waive the issuance and service of process on the principal, accept 22
1236+service of process, appear for the principal, designate persons on which process directed to 23
1237+the principal may be served, execute and file or deliver stipulations on the principal’s 24
1238+behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 25
1239+bonds, contract and pay for the preparation and printing of records and briefs, receive, 26
1240+execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 27
1241+of judgment, notice, agreement, or other instrument in connection with the prosecution, 28
1242+settlement, or defense of a claim or litigation 29
13251243
1326-– 29 –
1244+ (___) Act for the principal with respect to bankruptcy or insolvency, whether 30
1245+voluntary or involuntary, concerning the principal or some other person, or with respect to 31
1246+a reorganization, receivership, or application for the appointment of a receiver or trustee 32
1247+that affects an interest of the principal in property or other thing of value 33
13271248
1328- (___) Prepare, file, and maintain a claim of the principal for a benefit or
1329-assistance, financial or otherwise, to which the principal may be entitled under a statute
1330-or regulation
1249+ (___) Pay a judgment, award, or order against the principal or a settlement 34
1250+made in connection with a claim or litigation 35 HOUSE BILL 18 27
13311251
1332- (___) Initiate, participate in, submit to alternative dispute resolution, settle,
1333-oppose, or propose or accept a compromise with respect to litigation concerning a benefit or
1334-assistance the principal may be entitled to receive under a statute or regulation
13351252
1336- (___) Receive the financial proceeds of a claim described above and conserve,
1337-invest, disburse, or use for a lawful purpose anything so received
13381253
1339- (___) All of the above
1254+ (___) Receive money or other thing of value paid in settlement of or as 1
1255+proceeds of a claim or litigation 2
13401256
1341- L. Retirement Plans (including a plan or account created by an employer, the
1342-principal, or another individual to provide retirement benefits or deferred compensation of
1343-which the principal is a participant, beneficiary, or owner, including a plan or account
1344-under the following sections of the Internal Revenue Code:
1257+ (___) All of the above 3
13451258
1346- (1) An individual retirement account under Internal Revenue Code Section
1347-408, 26 U.S.C. § 408;
1259+ J. Personal and Family Maintenance – With respect to this subject, I authorize 4
1260+my agent to: 5
13481261
1349- (2) A Roth individual retirement account under Internal Revenue Code
1350-Section 408A, 26 U.S.C. § 408A;
1262+ (___) Perform the acts necessary to maintain the customary standard of 6
1263+living of the principal, the principal’s spouse, and the following individuals, whether living 7
1264+when this power of attorney is executed or later born: 8
13511265
1352- (3) A deemed individual retirement account under Internal Revenue Code
1353-Section 408(q), 26 U.S.C. § 408(q);
1266+ (1) The principal’s children; 9
13541267
1355- (4) An annuity or mutual fund custodial account under Internal Revenue
1356-Code Section 403(b), 26 U.S.C. § 403(b);
1268+ (2) Other individuals legally entitled to be supported by the 10
1269+principal; and 11
13571270
1358- (5) A pension, profit–sharing, stock bonus, or other retirement plan
1359-qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a);
1271+ (3) The individuals whom the principal has customarily supported 12
1272+or indicated the intent to support; 13
13601273
1361- (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b);
1362-and
1274+ (___) Make periodic payments of child support and other family maintenance 14
1275+required by a court or governmental agency or an agreement to which the principal is a 15
1276+party 16
13631277
1364- (7) A nonqualified deferred compensation plan under Internal Revenue
1365-Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent
1366-to:
1278+ (___) Provide living quarters for the individuals described above by: 17
13671279
1368- (___) Select the form and timing of payments under a retirement plan and
1369-withdraw benefits from a plan
1280+ (1) Purchase, lease, or other contract; or 18
13701281
1371- (___) Make a rollover, including a direct trustee–to–trustee rollover, of
1372-benefits from one retirement plan to another Ch. 696 2023 LAWS OF MARYLAND
1282+ (2) Paying the operating costs, including interest, amortization 19
1283+payments, repairs, improvements, and taxes, for premises owned by the principal or 20
1284+occupied by those individuals 21
13731285
1374-– 30 –
1286+ (___) Provide normal domestic help, usual vacations and travel expenses, and 22
1287+funds for shelter, clothing, food, appropriate education, including postsecondary and 23
1288+vocational education, and other current living costs for the individuals described above 24
13751289
1376- (___) Establish a retirement plan in the principal’s name
1290+ (___) Pay expenses for necessary health care and custodial care on behalf of 25
1291+the individuals described above 26
13771292
1378- (___) Make contributions to a retirement plan
1293+ (___) Act as the principal’s personal representative in accordance with the 27
1294+Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 28
1295+Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 29
1296+the past, present, or future payment for the provision of health care consented to by the 30
1297+principal or anyone authorized under the law of this State to consent to health care on 31
1298+behalf of the principal 32
1299+ 28 HOUSE BILL 18
13791300
1380- (___) Exercise investment powers available under a retirement plan
13811301
1382- (___) Borrow from, sell assets to, or purchase assets from a retirement plan
1302+ (___) Continue provisions made by the principal for automobiles or other 1
1303+means of transportation, including registering, licensing, insuring, and replacing the 2
1304+means of transportation, for the individuals described above 3
13831305
1384- (___) All of the above
1306+ (___) Maintain credit and debit accounts for the convenience of the 4
1307+individuals described above and open new accounts 5
13851308
1386- M. Taxes – With respect to this subject, I authorize my agent to:
1309+ (___) Continue payments incidental to the membership or affiliation of the 6
1310+principal in a religious institution, club, society, order, or other organization or to continue 7
1311+contributions to those organizations 8
13871312
1388- (___) Prepare, sign, and file federal, state, local, and foreign income, gift,
1389-payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for
1390-refunds, requests for extension of time, petitions regarding tax matters, and other
1391-tax–related documents, including receipts, offers, waivers, consents, including consents
1392-and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing
1393-agreements, and other powers of attorney required by the Internal Revenue Service or other
1394-taxing authority with respect to a tax year on which the statute of limitations has not run
1395-and the following 25 tax years
1313+ (NOTE: Authority with respect to personal and family maintenance is neither 9
1314+dependent on, nor limited by, authority that an agent may or may not have with respect to 10
1315+gifts under this power of attorney.) 11
13961316
1397- (___) Pay taxes due, collect refunds, post bonds, receive confidential
1398-information, and contest deficiencies determined by the Internal Revenue Service or other
1399-taxing authority
1317+ (___) All of the above 12
14001318
1401- (___) Exercise elections available to the principal under federal, state, local,
1402-or foreign tax law
1319+ K. Benefits from Governmental Programs or Civil or Military Service (including 13
1320+any benefit, program, or assistance provided under a statute or regulation including Social 14
1321+Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: 15
14031322
1404- (___) Act for the principal in all tax matters for all periods before the Internal
1405-Revenue Service, or other taxing authority
1323+ (___) Execute vouchers in the name of the principal for allowances and 16
1324+reimbursements payable by the United States or a foreign government or by a state or 17
1325+subdivision of a state to the principal, including allowances and reimbursements for 18
1326+transportation of the individuals described in “J. Personal and Family Maintenance” above, 19
1327+and for shipment of the household effects of those individuals 20
14061328
1407- (___) All of the above
1329+ (___) Take possession and order the removal and shipment of property of the 21
1330+principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 22
1331+either governmental or private, and execute and deliver a release, voucher, receipt, bill of 23
1332+lading, shipping ticket, certificate, or other instrument for that purpose 24
14081333
1409- N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS
1410-SUBJECT, I AUTHORIZE MY AGENT T O:
1334+ (___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 25
1335+QUALIFY FOR A GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING 26
1336+PERSONAL AND FINANCI AL RECORDS AND , TO THE EXTENT SPECIF ICALLY 27
1337+AUTHORIZED BELOW , TO TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 28
14111338
1412- (___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND
1413-FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under
1414-the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as
1415-defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account
1416-as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect
1417-to this subject, I authorize my agent to:
1418- WES MOORE, Governor Ch. 696
1339+ (___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 29
1340+principal’s behalf, a GOVERNMENTAL benefit or program 30
14191341
1420-– 31 –
1421- (___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL
1422-NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL
1423-SECURITY ACT, of part or all of the principal’s property, including by the exercise of a
1424-presently exercisable general power of appointment held by the principal, in an amount for
1425-each donee not to exceed the annual dollar limits of the federal gift tax exclusion under
1426-Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the
1427-federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to
1428-a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount
1429-for each donee not to exceed twice the annual federal gift tax exclusion limit
1342+ (___) Prepare, file, and maintain a claim of the principal for a benefit or 31
1343+assistance, financial or otherwise, to which the principal may be entitled under a statute 32
1344+or regulation 33
14301345
1431- (___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. §
1432-2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee
1433-not to exceed the aggregate annual gift tax exclusions for both spouses
1346+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 34
1347+oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 35
1348+assistance the principal may be entitled to receive under a statute or regulation 36 HOUSE BILL 18 29
14341349
1435- (NOTE: An agent may only make a gift of the principal’s property as the agent
1436-determines is consistent with the principal’s objectives if actually known by the agent and,
1437-if unknown, as the agent determines is consistent with the principal’s best interest based
1438-on all relevant factors, including:
14391350
1440- (1) The value and nature of the principal’s property;
14411351
1442- (2) The principal’s foreseeable obligations and need for maintenance;
1352+ (___) Receive the financial proceeds of a claim described above and conserve, 1
1353+invest, disburse, or use for a lawful purpose anything so received 2
14431354
1444- (3) Minimization of taxes, including income, estate, inheritance,
1445-generation–skipping transfer, and gift taxes;
1355+ (___) All of the above 3
14461356
1447- (4) Eligibility for a benefit, a program, or assistance under a statute or
1448-regulation; and
1357+ L. Retirement Plans (including a plan or account created by an employer, the 4
1358+principal, or another individual to provide retirement benefits or deferred compensation of 5
1359+which the principal is a participant, beneficiary, or owner, including a plan or account 6
1360+under the following sections of the Internal Revenue Code: 7
14491361
1450- (5) The principal’s personal history of making or joining in making gifts.)
1362+ (1) An individual retirement account under Internal Revenue Code Section 8
1363+408, 26 U.S.C. § 408; 9
14511364
1452- (___) All of the above
1365+ (2) A Roth individual retirement account under Internal Revenue Code 10
1366+Section 408A, 26 U.S.C. § 408A; 11
14531367
1454-GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
1368+ (3) A deemed individual retirement account under Internal Revenue Code 12
1369+Section 408(q), 26 U.S.C. § 408(q); 13
14551370
1456-[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts
1457-for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below:
1371+ (4) An annuity or mutual fund custodial account under Internal Revenue 14
1372+Code Section 403(b), 26 U.S.C. § 403(b); 15
14581373
1459-(Caution: Granting any of the following will give your agent the authority to take actions
1460-that could significantly reduce your property or change how your property is distributed at
1461-your death. In addition, granting your agent the authority to make gifts to, or to designate
1462-as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of
1463-the agent may constitute a taxable gift by you and may make the property subject to that
1464-authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you
1465-WANT to give your agent.)
1466- Ch. 696 2023 LAWS OF MARYLAND
1374+ (5) A pension, profit–sharing, stock bonus, or other retirement plan 16
1375+qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 17
14671376
1468-– 32 –
1469- (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS
1470-POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR
1471-TRANSFER
1377+ (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 18
1378+and 19
14721379
1473- (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS
1474-POWER OF ATTORNEY IN FAVOR OF MY AGENT
1380+ (7) A nonqualified deferred compensation plan under Internal Revenue 20
1381+Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 21
1382+to: 22
14751383
1476- (___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an
1477-existing inter vivos trust if the trust expressly authorizes that action by the agent]
1478-INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF
1479-THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST,
1480-OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE
1481-INTERNAL REVENUE CODE, FOR THE BENEFIT OF THE PRINC IPAL OR THE
1482-PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON
1483-DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL,
1484-TRUST, OR OTHER INSTRUMENT
1384+ (___) Select the form and timing of payments under a retirement plan and 23
1385+withdraw benefits from a plan 24
14851386
1486- (___) AMEND, REVOKE, OR TERMINATE AN EXIS TING INTER VIVOS TRUST IF
1487-THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT
1387+ (___) Make a rollover, including a direct trustee–to–trustee rollover, of 25
1388+benefits from one retirement plan to another 26
14881389
1489- (___) Make a gift, subject to any special instructions in this power of attorney,
1490-INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN
1491-MEETING THE ELIGIBIL ITY REQUIRE MENTS AND QUALIFYING FOR A
1492-GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING GIFTS TO O R IN FAVOR OF MY
1493-AGENT WHO IS MY SPOU SE OR DESCENDANT
1390+ (___) Establish a retirement plan in the principal’s name 27
14941391
1495- (___) Create or change rights of survivorship
1392+ (___) Make contributions to a retirement plan 28
14961393
1497- (___) Create or change a beneficiary designation, subject to any special instructions
1498-in this power of attorney; and, if I wish to authorize my agent to designate the agent, the
1499-agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this
1500-authority within the special instructions of this power of attorney or in a separate power of
1501-attorney
1394+ (___) Exercise investment powers available under a retirement plan 29
15021395
1503- (___) Authorize another person to exercise the authority granted under this power
1504-of attorney
1396+ (___) Borrow from, sell assets to, or purchase assets from a retirement plan 30
1397+ 30 HOUSE BILL 18
15051398
1506- (___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity,
1507-including a survivor benefit under a retirement plan
15081399
1509- (___) Exercise fiduciary powers that the principal has authority to delegate
1400+ (___) All of the above 1
15101401
1511- (___) Disclaim or refuse an interest in property, including a power of appointment
1512- WES MOORE, Governor Ch. 696
1402+ M. Taxes – With respect to this subject, I authorize my agent to: 2
15131403
1514-– 33 –
1515- (___) In accordance with the Maryland Fiduciary Access to Digital Assets Act,
1516-access and take control of (1) the content of any of my electronic communications, (2) any
1517-catalogue of electronic communications sent or received by me, and (3) any other digital
1518-asset in which I have a right or interest
1404+ (___) Prepare, sign, and file federal, state, local, and foreign income, gift, 3
1405+payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 4
1406+refunds, requests for extension of time, petitions regarding tax matters, and other 5
1407+tax–related documents, including receipts, offers, waivers, consents, including consents 6
1408+and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 7
1409+agreements, and other powers of attorney required by the Internal Revenue Service or other 8
1410+taxing authority with respect to a tax year on which the statute of limitations has not run 9
1411+and the following 25 tax years 10
15191412
1520- (___) Demand the delivery of the principal’s will from the custodian of the will and,
1521-on delivery of the principal’s will, take custody of the will subject to the requirements of
1522-Title 4, Subtitle 2 of the Estates and Trusts Article
1413+ (___) Pay taxes due, collect refunds, post bonds, receive confidential 11
1414+information, and contest deficiencies determined by the Internal Revenue Service or other 12
1415+taxing authority 13
15231416
1524-LIMITATION ON AGENT’S AUTHORITY
1417+ (___) Exercise elections available to the principal under federal, state, local, 14
1418+or foreign tax law 15
15251419
1526-An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to
1527-benefit the agent or a person to whom the agent owes an obligation of support unless I have
1528-included that authority in the Special Instructions.
1420+ (___) Act for the principal in all tax matters for all periods before the Internal 16
1421+Revenue Service, or other taxing authority 17
15291422
1530-SPECIAL INSTRUCTIONS (OPTION AL)
1423+ (___) All of the above 18
15311424
1532-You may give special instructions on the following lines:
1425+ N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 19
1426+SUBJECT, I AUTHORIZE MY AGENT T O: 20
15331427
1534-___________________________________________________________________________________
1535-___________________________________________________________________________________
1536-___________________________________________________________________________________
1537-___________________________________________________________________________________
1538-___________________________________________________________________________________
1539-___________________________________________________________________________________
1540-___________________________________________________________________________________
1428+ (___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 21
1429+FOR THE BENEFIT OF A PER SON, INCLUDING THE PRINCI PAL, a trust, an account under 22
1430+the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 23
1431+defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 24
1432+as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 25
1433+to this subject, I authorize my agent to: 26
15411434
1542-EFFECTIVE DATE
1435+ (___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 27
1436+NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL 28
1437+SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 29
1438+presently exercisable general power of appointment held by the principal, in an amount for 30
1439+each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 31
1440+Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 32
1441+federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 33
1442+a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 34
1443+for each donee not to exceed twice the annual federal gift tax exclusion limit 35
1444+ HOUSE BILL 18 31
15431445
1544-This power of attorney is effective immediately unless I have stated otherwise in the Special
1545-Instructions.
15461446
1547-TERMINATION DATE (OPTIONAL)
1447+ (___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 1
1448+2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 2
1449+not to exceed the aggregate annual gift tax exclusions for both spouses 3
15481450
1549-This power of attorney shall terminate on _______________________________, 20______.
1550- (Use a specific calendar date)
1451+ (NOTE: An agent may only make a gift of the principal’s property as the agent 4
1452+determines is consistent with the principal’s objectives if actually known by the agent and, 5
1453+if unknown, as the agent determines is consistent with the principal’s best interest based 6
1454+on all relevant factors, including: 7
15511455
1552-NOMINATION OF GUARDIAN (OPTIONAL)
1456+ (1) The value and nature of the principal’s property; 8
15531457
1554-If it becomes necessary for a court to appoint a guardian of my property or guardian of my
1555-person, I nominate the following person(s) for appointment:
1458+ (2) The principal’s foreseeable obligations and need for maintenance; 9
15561459
1557-Name of Nominee for guardian of my property:
1558-_____________________________________________________________________________
1559-Nominee’s Address: __________________________________________________________
1560-Nominee’s Telephone Number: ________________________________________________ Ch. 696 2023 LAWS OF MARYLAND
1460+ (3) Minimization of taxes, including income, estate, inheritance, 10
1461+generation–skipping transfer, and gift taxes; 11
15611462
1562-– 34 –
1463+ (4) Eligibility for a benefit, a program, or assistance under a statute or 12
1464+regulation; and 13
15631465
1564-Name of Nominee for guardian of my person:
1565-______________________________________________________________________________
1566-Nominee’s Address: ___________________________________________________________
1567-Nominee’s Telephone Number: _________________________________________________
1466+ (5) The principal’s personal history of making or joining in making gifts.) 14
15681467
1569-SIGNATURE AND ACKNOWLEDGMENT
1468+ (___) All of the above 15
15701469
1571-_____________________________________________ ______________________________
1572-Your Signature Date
1470+GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 16
15731471
1574-______________________________________________________________________________
1575-Your Name Printed
1472+[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 17
1473+for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 18
15761474
1577-______________________________________________________________________________
1578-______________________________________________________________________________
1579-Your Address
1475+(Caution: Granting any of the following will give your agent the authority to take actions 19
1476+that could significantly reduce your property or change how your property is distributed at 20
1477+your death. In addition, granting your agent the authority to make gifts to, or to designate 21
1478+as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 22
1479+the agent may constitute a taxable gift by you and may make the property subject to that 23
1480+authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 24
1481+WANT to give your agent.) 25
15801482
1581-______________________________________________________________________________
1582-Your Telephone Number
1483+ (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 26
1484+POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR 27
1485+TRANSFER 28
15831486
1584-STATE OF MARYLAND
1585-(COUNTY) OF _______________________________________________________________
1487+ (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 29
1488+POWER OF ATTORNEY IN FAVOR OF MY AGENT 30
15861489
1587-This document was acknowledged before me on
1588-______________________________________________________________________________,
1589-(Date)
1490+ (___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 31
1491+existing inter vivos trust if the trust expressly authorizes that action by the agent] 32
1492+INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 33 32 HOUSE BILL 18
15901493
1591-by ___________________________________________________________________________.
1592-(Name of Principal)
15931494
1594-__________________________________________________________________ (Seal, if any)
1595-Signature of Notary
1596-My commission expires: _______________________________________________________
1495+THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 1
1496+OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 2
1497+INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 3
1498+PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 4
1499+DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 5
1500+TRUST, OR OTHER INSTRUMENT 6
15971501
1598-WITNESS ATTESTATION
1502+ (___) AMEND, REVOKE, OR TERMINATE AN EXISTING INTER VIVOS TRUST IF 7
1503+THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT 8
15991504
1600-The foregoing power of attorney was, on the date written above, published and declared by
1601-______________________________________________________________________________
1602- (Name of Principal)
1505+ (___) Make a gift, subject to any special instructions in this power of attorney, 9
1506+INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN 10
1507+MEETING THE ELIG IBILITY REQUIREMENTS AND QUALIFYING FOR A 11
1508+GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING GIFTS TO O R IN FAVOR OF MY 12
1509+AGENT WHO IS MY SPOU SE OR DESCENDANT 13
16031510
1604-in our presence to be his/her power of attorney. We, in his/her presence and at his/her
1605-request, and in the presence of each other, have attested to the same and have signed our
1606-names as attesting witnesses.
1511+ (___) Create or change rights of survivorship 14
16071512
1608-____________________________________________ WES MOORE, Governor Ch. 696
1513+ (___) Create or change a beneficiary designation, subject to any special instructions 15
1514+in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 16
1515+agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 17
1516+authority within the special instructions of this power of attorney or in a separate power of 18
1517+attorney 19
16091518
1610-– 35 –
1611-Witness #1 Signature
1612-____________________________________________
1613-Witness #1 Name Printed
1614-____________________________________________
1615-____________________________________________
1616-Witness #1 Address
1617-____________________________________________
1618-Witness #1 Telephone Number
1519+ (___) Authorize another person to exercise the authority granted under this power 20
1520+of attorney 21
16191521
1620-____________________________________________
1621-Witness #2 Signature
1622-____________________________________________
1623-Witness #2 Name Printed
1624-____________________________________________
1625-____________________________________________
1626-Witness #2 Address
1627-____________________________________________
1628-Witness #2 Telephone Number
1522+ (___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, 22
1523+including a survivor benefit under a retirement plan 23
16291524
1630-This document prepared by:
1525+ (___) Exercise fiduciary powers that the principal has authority to delegate 24
16311526
1632-___________________________________________________________________________________
1633-_________________________________________________________________________
1527+ (___) Disclaim or refuse an interest in property, including a power of appointment 25
16341528
1635-IMPORTANT INFORMATION FOR AGENT
1529+ (___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 26
1530+access and take control of (1) the content of any of my electronic communications, (2) any 27
1531+catalogue of electronic communications sent or received by me, and (3) any other digital 28
1532+asset in which I have a right or interest 29
16361533
1637-Agent’s Duties
1534+ (___) Demand the delivery of the principal’s will from the custodian of the will and, 30
1535+on delivery of the principal’s will, take custody of the will subject to the requirements of 31
1536+Title 4, Subtitle 2 of the Estates and Trusts Article 32
16381537
1639-When you accept the authority granted under this power of attorney, a special legal
1640-relationship is created between you and the principal. This relationship imposes on you
1641-legal duties that continue until you resign or the power of attorney is terminated or revoked.
1642-You must:
1538+LIMITATION ON AGENT’S AUT HORITY 33
1539+ HOUSE BILL 18 33
16431540
1644- (1) Do what you know the principal reasonably expects you to do with the
1645-principal’s property or, if you do not know the principal’s expectations, act in the principal’s
1646-best interest;
16471541
1648- (2) Act with care, competence, and diligence for the best interest of the principal;
1542+An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 1
1543+benefit the agent or a person to whom the agent owes an obligation of support unless I have 2
1544+included that authority in the Special Instructions. 3
16491545
1650- (3) Do nothing beyond the authority granted in this power of attorney; and
1546+SPECIAL INSTRUCTIONS (OPTIONAL) 4
16511547
1652- (4) Disclose your identity as an agent whenever you act for the principal by
1653-writing or printing the name of the principal and signing your own name as “agent” in the
1654-following manner:
1548+You may give special instructions on the following lines: 5
16551549
1656-__________________________________ ______________________________________ Ch. 696 2023 LAWS OF MARYLAND
1550+___________________________________________________________________________________ 6
1551+___________________________________________________________________________________ 7
1552+___________________________________________________________________________________ 8
1553+___________________________________________________________________________________ 9
1554+___________________________________________________________________________________ 10
1555+___________________________________________________________________________________ 11
1556+___________________________________________________________________________________ 12
16571557
1658-– 36 –
1659- (Principal’s Name) by (Your Signature) as Agent
1558+EFFECTIVE DATE 13
16601559
1661-Unless the Special Instructions in this power of attorney state otherwise, you must also:
1560+This power of attorney is effective immediately unless I have stated otherwise in the Special 14
1561+Instructions. 15
16621562
1663- (1) Act loyally for the principal’s benefit;
1563+TERMINATION DATE (OPTIONAL) 16
16641564
1665- (2) Avoid conflicts that would impair your ability to act in the principal’s best
1666-interest;
1565+This power of attorney shall terminate on _______________________________, 20______. 17
1566+ (Use a specific calendar date) 18
16671567
1668- (3) Keep a record of all receipts, disbursements, and transactions made on behalf
1669-of the principal;
1568+NOMINATION OF GUARDIAN (OPTIONAL) 19
16701569
1671- (4) Cooperate with any person that has authority to make health care decisions
1672-for the principal to do what you know the principal reasonably expects or, if you do not
1673-know the principal’s expectations, to act in the principal’s best interest; and
1570+If it becomes necessary for a court to appoint a guardian of my property or guardian of my 20
1571+person, I nominate the following person(s) for appointment: 21
16741572
1675- (5) Attempt to preserve the principal’s estate plan if you know the plan and
1676-preserving the plan is consistent with the principal’s best interest.
1573+Name of Nominee for guardian of my property: 22
1574+_____________________________________________________________________________ 23
1575+Nominee’s Address: __________________________________________________________ 24
1576+Nominee’s Telephone Number: ________________________________________________ 25
16771577
1678-Termination of Agent’s Authority
1578+Name of Nominee for guardian of my person: 26
1579+______________________________________________________________________________ 27
1580+Nominee’s Address: ___________________________________________________________ 28
1581+Nominee’s Telephone Number: _________________________________________________ 29
16791582
1680-You must stop acting on behalf of the principal if you learn of any event that terminates
1681-this power of attorney or your authority under this power of attorney. Events that
1682-terminate a power of attorney or your authority to act under a power of attorney include:
1583+SIGNATURE AND ACKNOWLEDGMENT 30
16831584
1684- (1) Death of the principal;
1585+_____________________________________________ ______________________________ 31
1586+Your Signature Date 32
16851587
1686- (2) The principal’s revocation of the power of attorney or your authority;
1588+______________________________________________________________________________ 33 34 HOUSE BILL 18
16871589
1688- (3) The occurrence of a termination event stated in the power of attorney;
16891590
1690- (4) The purpose of the power of attorney is fully accomplished; or
1591+Your Name Printed 1
16911592
1692- (5) If you are married to the principal, a legal action is filed with a court to end
1693-your marriage, or for your legal separation, unless the Special Instructions in this power of
1694-attorney state that such an action will not terminate your authority.
1593+______________________________________________________________________________ 2
1594+______________________________________________________________________________ 3
1595+Your Address 4
16951596
1696-Liability of Agent
1597+______________________________________________________________________________ 5
1598+Your Telephone Number 6
16971599
1698-The meaning of the authority granted to you is defined in the Maryland Power of Attorney
1699-Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of
1700-Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority
1701-granted, you may be liable for any damages caused by your violation.
1600+STATE OF MARYLAND 7
1601+(COUNTY) OF _______________________________________________________________ 8
17021602
1703-If there is anything about this document or your duties that you do not understand, you
1704-should seek legal advice.” WES MOORE, Governor Ch. 696
1603+This document was acknowledged before me on 9
1604+______________________________________________________________________________, 10
1605+(Date) 11
17051606
1706-– 37 –
1607+by ___________________________________________________________________________. 12
1608+(Name of Principal) 13
17071609
1708- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
1709-October 1, 2023.
1610+__________________________________________________________________ (Seal, if any) 14
1611+Signature of Notary 15
1612+My commission expires: _______________________________________________________ 16
17101613
1711-Approved by the Governor, May 16, 2023.
1614+WITNESS ATTESTATION 17
1615+
1616+The foregoing power of attorney was, on the date written above, published and declared by 18
1617+______________________________________________________________________________ 19
1618+ (Name of Principal) 20
1619+
1620+in our presence to be his/her power of attorney. We, in his/her presence and at his/her 21
1621+request, and in the presence of each other, have attested to the same and have signed our 22
1622+names as attesting witnesses. 23
1623+
1624+____________________________________________ 24
1625+Witness #1 Signature 25
1626+____________________________________________ 26
1627+Witness #1 Name Printed 27
1628+____________________________________________ 28
1629+____________________________________________ 29
1630+Witness #1 Address 30
1631+____________________________________________ 31
1632+Witness #1 Telephone Number 32
1633+
1634+____________________________________________ 33
1635+Witness #2 Signature 34
1636+____________________________________________ 35
1637+Witness #2 Name Printed 36 HOUSE BILL 18 35
1638+
1639+
1640+____________________________________________ 1
1641+____________________________________________ 2
1642+Witness #2 Address 3
1643+____________________________________________ 4
1644+Witness #2 Telephone Number 5
1645+
1646+This document prepared by: 6
1647+
1648+___________________________________________________________________________________ 7
1649+_________________________________________________________________________ 8
1650+
1651+IMPORTANT INFORMATION FOR AGENT 9
1652+
1653+Agent’s Duties 10
1654+
1655+When you accept the authority granted under this power of attorney, a special legal 11
1656+relationship is created between you and the principal. This relationship imposes on you 12
1657+legal duties that continue until you resign or the power of attorney is terminated or revoked. 13
1658+You must: 14
1659+
1660+ (1) Do what you know the principal reasonably expects you to do with the 15
1661+principal’s property or, if you do not know the principal’s expectations, act in the principal’s 16
1662+best interest; 17
1663+
1664+ (2) Act with care, competence, and diligence for the best interest of the principal; 18
1665+
1666+ (3) Do nothing beyond the authority granted in this power of attorney; and 19
1667+
1668+ (4) Disclose your identity as an agent whenever you act for the principal by 20
1669+writing or printing the name of the principal and signing your own name as “agent” in the 21
1670+following manner: 22
1671+
1672+__________________________________ ______________________________________ 23
1673+ (Principal’s Name) by (Your Signature) as Agent 24
1674+
1675+Unless the Special Instructions in this power of attorney state otherwise, you must also: 25
1676+
1677+ (1) Act loyally for the principal’s benefit; 26
1678+
1679+ (2) Avoid conflicts that would impair your ability to act in the principal’s best 27
1680+interest; 28
1681+
1682+ (3) Keep a record of all receipts, disbursements, and transactions made on behalf 29
1683+of the principal; 30
1684+ 36 HOUSE BILL 18
1685+
1686+
1687+ (4) Cooperate with any person that has authority to make health care decisions 1
1688+for the principal to do what you know the principal reasonably expects or, if you do not 2
1689+know the principal’s expectations, to act in the principal’s best interest; and 3
1690+
1691+ (5) Attempt to preserve the principal’s estate plan if you know the plan and 4
1692+preserving the plan is consistent with the principal’s best interest. 5
1693+
1694+Termination of Agent’s Authority 6
1695+
1696+You must stop acting on behalf of the principal if you learn of any event that terminates 7
1697+this power of attorney or your authority under this power of attorney. Events that 8
1698+terminate a power of attorney or your authority to act under a power of attorney include: 9
1699+
1700+ (1) Death of the principal; 10
1701+
1702+ (2) The principal’s revocation of the power of attorney or your authority; 11
1703+
1704+ (3) The occurrence of a termination event stated in the power of attorney; 12
1705+
1706+ (4) The purpose of the power of attorney is fully accomplished; or 13
1707+
1708+ (5) If you are married to the principal, a legal action is filed with a court to end 14
1709+your marriage, or for your legal separation, unless the Special Instructions in this power of 15
1710+attorney state that such an action will not terminate your authority. 16
1711+
1712+Liability of Agent 17
1713+
1714+The meaning of the authority granted to you is defined in the Maryland Power of Attorney 18
1715+Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 19
1716+Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 20
1717+granted, you may be liable for any damages caused by your violation. 21
1718+
1719+If there is anything about this document or your duties that you do not understand, you 22
1720+should seek legal advice.” 23
1721+
1722+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
1723+October 1, 2023. 25
1724+