Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 696 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 696 | |
5 | - | (House Bill 18) | |
6 | 2 | ||
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* | |
8 | 9 | ||
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 | |
11 | 20 | ||
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 ______ | |
25 | 22 | ||
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 | |
31 | 24 | ||
32 | - | ||
33 | - | ||
25 | + | Maryland General and Limited Power of Attorney Act – Assistance With 2 | |
26 | + | Governmental Benefits and Programs Alterations 3 | |
34 | 27 | ||
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 | |
36 | 41 | ||
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 | |
38 | 48 | ||
39 | - | “MARYLAND STATUTORY FORM | |
40 | 49 | ||
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 | |
42 | 52 | ||
43 | - | ||
53 | + | Article – Estates and Trusts 3 | |
44 | 54 | ||
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 | |
49 | 56 | ||
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 | |
53 | 58 | ||
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 | |
57 | 60 | ||
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 | |
63 | 62 | ||
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 | |
66 | 69 | ||
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 | |
69 | 73 | ||
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 | |
72 | 79 | ||
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 | |
74 | 82 | ||
75 | - | ||
76 | - | ||
83 | + | (1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR 24 | |
84 | + | ACCESS TO YOUR ASSET S; 25 | |
77 | 85 | ||
78 | - | ||
79 | - | ||
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 | |
80 | 88 | ||
81 | - | ||
89 | + | (3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS. 28 | |
82 | 90 | ||
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 | |
88 | 93 | ||
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 | |
92 | 96 | ||
93 | - | DESIGNATION OF AGENT | |
94 | 97 | ||
95 | - | This section of the form provides for designation of one agent. WES MOORE, Governor Ch. 696 | |
96 | 98 | ||
97 | - | ||
99 | + | IMPORTANT INFORMATION FOR AGENT 1 | |
98 | 100 | ||
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 | |
101 | 106 | ||
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 | |
103 | 110 | ||
104 | - | ||
111 | + | DESIGNATION OF AGENT 10 | |
105 | 112 | ||
106 | - | ||
113 | + | This section of the form provides for designation of one agent. 11 | |
107 | 114 | ||
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 | |
109 | 117 | ||
110 | - | ||
118 | + | I, ___________________________________________________________________________, 14 | |
111 | 119 | ||
112 | - | ||
120 | + | (Name of Principal) 15 | |
113 | 121 | ||
114 | - | ||
122 | + | Name the following person as my agent: 16 | |
115 | 123 | ||
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 | |
118 | 125 | ||
119 | - | ||
126 | + | Agent’s Address: ______________________________________________________________ 18 | |
120 | 127 | ||
121 | - | ||
128 | + | Agent’s Telephone Number: ___________________________________________________ 19 | |
122 | 129 | ||
123 | - | ||
130 | + | DESIGNATION OF COAGENTS (OPTIONAL) 20 | |
124 | 131 | ||
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 | |
126 | 134 | ||
127 | - | ||
135 | + | I, ___________________________________________________________________________, 23 | |
128 | 136 | ||
129 | - | ||
137 | + | (Name of Principal) 24 | |
130 | 138 | ||
131 | - | Name | |
139 | + | Name the following persons as coagents: 25 | |
132 | 140 | ||
133 | - | Coagent | |
141 | + | Name of Coagent: ____________________________________________________________ 26 | |
134 | 142 | ||
135 | - | Coagent’s | |
143 | + | Coagent’s Address: ___________________________________________________________ 27 4 HOUSE BILL 18 | |
136 | 144 | ||
137 | - | Special Instructions Regarding Coagents: _______________________________________ | |
138 | - | ___________________________________________________________________________________ | |
139 | - | ___________________________________________________________________________________ | |
140 | - | ____________________________________________________________________ | |
141 | 145 | ||
142 | - | DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) | |
143 | - | Ch. 696 2023 LAWS OF MARYLAND | |
144 | 146 | ||
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 | |
147 | 148 | ||
148 | - | Name of | |
149 | + | Name of Coagent: ____________________________________________________________ 2 | |
149 | 150 | ||
150 | - | Successor Agent’s | |
151 | - | Address: _____________________________________________________________________ | |
151 | + | Coagent’s Address: ___________________________________________________________ 3 | |
152 | 152 | ||
153 | - | Successor Agent’s | |
154 | - | Telephone Number: ___________________________________________________________ | |
153 | + | Coagent’s Telephone Number: _________________________________________________ 4 | |
155 | 154 | ||
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 | |
158 | 159 | ||
159 | - | Name of Second | |
160 | - | Successor Agent: _____________________________________________________________ | |
160 | + | DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 9 | |
161 | 161 | ||
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 | |
164 | 163 | ||
165 | - | Second Successor Agent’s | |
166 | - | Telephone Number: ___________________________________________________________ | |
164 | + | Name of Successor Agent: _____________________________________________________ 11 | |
167 | 165 | ||
168 | - | ||
169 | - | ||
166 | + | Successor Agent’s 12 | |
167 | + | Address: _____________________________________________________________________ 13 | |
170 | 168 | ||
171 | - | ||
172 | - | ||
169 | + | Successor Agent’s 14 | |
170 | + | Telephone Number: ___________________________________________________________ 15 | |
173 | 171 | ||
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 | |
179 | 174 | ||
180 | - | COMPENSATION (OPTIONAL) | |
175 | + | Name of Second 18 | |
176 | + | Successor Agent: _____________________________________________________________ 19 | |
181 | 177 | ||
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 | |
185 | 180 | ||
186 | - | (___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION . | |
181 | + | Second Successor Agent’s 22 | |
182 | + | Telephone Number: ___________________________________________________________ 23 | |
187 | 183 | ||
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 | |
189 | 186 | ||
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 | |
191 | 189 | ||
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 | |
193 | 192 | ||
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: | |
196 | 193 | ||
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 | |
201 | 197 | ||
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 | |
204 | 199 | ||
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 | |
207 | 203 | ||
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 | |
211 | 205 | ||
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 | |
214 | 207 | ||
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 | |
219 | 209 | ||
220 | - | ( | |
221 | - | ||
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 | |
222 | 212 | ||
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 | |
224 | 217 | ||
225 | - | ||
226 | - | ||
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 | |
227 | 220 | ||
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 | |
239 | 223 | ||
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 | |
244 | 227 | ||
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 | |
272 | 230 | ||
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 | |
280 | 235 | ||
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 | |
285 | 238 | ||
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 | |
304 | 240 | ||
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. | |
327 | 241 | ||
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 | |
333 | 242 | ||
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 | |
341 | 245 | ||
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 | |
359 | 260 | ||
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 | |
381 | 286 | ||
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. | |
390 | 287 | ||
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 | |
404 | 290 | ||
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 | |
410 | 298 | ||
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 | |
412 | 320 | ||
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 | |
418 | 335 | ||
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 | |
428 | 336 | ||
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 | |
430 | 345 | ||
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 | |
435 | 357 | ||
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 | |
437 | 375 | ||
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 | |
441 | 384 | ||
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: | |
446 | 385 | ||
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 | |
450 | 406 | ||
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 | |
452 | 420 | ||
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 | |
454 | 426 | ||
455 | - | ||
427 | + | TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT: 39 | |
456 | 428 | ||
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 | |
458 | 432 | ||
459 | - | (___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER | |
460 | - | CONSISTENT WITH MY PREVIOUS GIV ING HISTORY | |
461 | 433 | ||
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 | |
465 | 436 | ||
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 | |
468 | 446 | ||
469 | - | ( | |
470 | - | ||
471 | - | ||
472 | - | ||
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 | |
473 | 451 | ||
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 | |
477 | 453 | ||
478 | - | ||
479 | - | ||
480 | - | ||
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 | |
481 | 457 | ||
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 | |
487 | 462 | ||
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 | |
492 | 466 | ||
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 | |
498 | 468 | ||
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 | |
502 | 470 | ||
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 | |
507 | 472 | ||
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 | |
519 | 474 | ||
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 | |
522 | 478 | ||
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. | |
531 | 479 | ||
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 | |
533 | 483 | ||
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 | |
535 | 486 | ||
536 | - | ___________________________________________________________________________________ | |
537 | - | ___________________________________________________________________________________ | |
538 | - | ___________________________________________________________________________________ | |
539 | - | ___________________________________________________________________________________ | |
540 | - | ___________________________________________________________________________________ | |
541 | - | ___________________________________________________________________________________ | |
542 | - | ___________________________________________________________________________________ | |
543 | - | ___________________________________________ | |
487 | + | (___) ONE OR MORE OF THE FO LLOWING PERSONS : 6 | |
488 | + | _________________________________________________________ 7 | |
489 | + | _________________________________________________________ 8 | |
544 | 490 | ||
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 | |
546 | 493 | ||
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 | |
549 | 497 | ||
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 | |
551 | 503 | ||
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 | |
559 | 508 | ||
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 | |
562 | 514 | ||
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 | |
565 | 518 | ||
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 | |
569 | 524 | ||
570 | - | REVOCATION | |
571 | 525 | ||
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 | |
576 | 536 | ||
577 | - | ||
537 | + | DISCLAIMERS 11 | |
578 | 538 | ||
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 | |
588 | 547 | ||
589 | - | ||
548 | + | SPECIAL INSTRUCTIONS (OPTIONAL) 20 | |
590 | 549 | ||
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 | |
593 | 551 | ||
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 | |
600 | 560 | ||
601 | - | DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE | |
602 | - | (OPTIONAL) | |
561 | + | EFFECTIVE DATE 30 | |
603 | 562 | ||
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 | |
608 | 565 | ||
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 | |
612 | 567 | ||
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 | |
614 | 571 | ||
615 | - | SIGNATURE AND ACKNOWLEDGMENT | |
616 | 572 | ||
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 | |
619 | 577 | ||
620 | - | __________________________________ | |
621 | - | ||
578 | + | This power of attorney shall terminate on ______________________________, 20____. 5 | |
579 | + | (Use a specific calendar date) 6 | |
622 | 580 | ||
623 | - | ___________________________________________________________________________________ | |
624 | - | ___________________________________________________________________________________ | |
625 | - | Your Address | |
581 | + | COPIES 7 | |
626 | 582 | ||
627 | - | ||
628 | - | ||
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 | |
629 | 585 | ||
630 | - | STATE OF MARYLAND | |
631 | - | (COUNTY) OF _______________________________________________________________ | |
586 | + | REVOCATION 10 | |
632 | 587 | ||
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 | |
634 | 592 | ||
635 | - | __________________________ | |
636 | - | (Date) | |
593 | + | RELIANCE BY THIRD PARTIES 15 | |
637 | 594 | ||
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 | |
640 | 604 | ||
641 | - | ____________________________________________ (SEAL, IF ANY) | |
642 | - | Signature of Notary | |
605 | + | NOMINATION OF GUARDIAN (OPTIONAL) 25 | |
643 | 606 | ||
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 | |
645 | 609 | ||
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 | |
647 | 617 | ||
648 | - | The foregoing power of attorney was, on the date written above, published and declared by | |
649 | 618 | ||
650 | - | ||
651 | - | ( | |
619 | + | DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 1 | |
620 | + | (OPTIONAL) 2 | |
652 | 621 | ||
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 | |
656 | 626 | ||
657 | - | ____________________________________________ | |
658 | - | ||
659 | - | ||
627 | + | Name of designated agent: _____________________________________________________ 7 | |
628 | + | Designated agent’s address: ____________________________________________________ 8 | |
629 | + | Designated agent’s telephone number: __________________________________________ 9 | |
660 | 630 | ||
661 | - | – 15 – | |
662 | - | Witness #1 Name Printed | |
663 | - | ____________________________________________ | |
664 | - | ____________________________________________ | |
665 | - | Witness #1 Address | |
666 | - | ____________________________________________ | |
667 | - | Witness #1 Telephone Number | |
631 | + | SIGNATURE AND ACKNOWLEDGMENT 10 | |
668 | 632 | ||
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 | |
678 | 635 | ||
679 | - | 17–203. | |
636 | + | ______________________________________________________________________________ 13 | |
637 | + | Your Name Printed 14 | |
680 | 638 | ||
681 | - | “MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY | |
639 | + | ___________________________________________________________________________________ 15 | |
640 | + | ___________________________________________________________________________________ 16 | |
641 | + | Your Address 17 | |
682 | 642 | ||
683 | - | PLEASE READ CAREFULLY | |
643 | + | ______________________________________________________________________________ 18 | |
644 | + | Your Telephone Number 19 | |
684 | 645 | ||
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 | |
692 | 648 | ||
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 | |
695 | 650 | ||
696 | - | This power of attorney does not authorize the agent to make health care decisions for you. | |
651 | + | __________________________ 23 | |
652 | + | (Date) 24 | |
697 | 653 | ||
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 | |
701 | 656 | ||
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 | |
707 | 659 | ||
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 | |
712 | 661 | ||
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 | |
715 | 663 | ||
716 | - | ||
717 | - | ||
664 | + | The foregoing power of attorney was, on the date written above, published and declared by 31 | |
665 | + | HOUSE BILL 18 15 | |
718 | 666 | ||
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. | |
721 | 667 | ||
722 | - | DESIGNATION OF AGENT | |
668 | + | ____________________________________________ 1 | |
669 | + | (Name of Principal) 2 | |
723 | 670 | ||
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 | |
725 | 674 | ||
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 | |
728 | 684 | ||
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 | |
732 | 694 | ||
733 | - | Name of | |
734 | - | Agent: _______________________________________________________________________ | |
735 | - | Agent’s | |
736 | - | Address: _____________________________________________________________________ | |
737 | - | Agent’s Telephone | |
738 | - | Number: _____________________________________________________________________ | |
695 | + | 17–203. 24 | |
739 | 696 | ||
740 | - | ||
697 | + | “MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 25 | |
741 | 698 | ||
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 | |
744 | 700 | ||
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 | |
746 | 708 | ||
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 | |
748 | 711 | ||
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 | |
750 | 714 | ||
751 | - | Name of Coagent: ____________________________________________________________ | |
752 | 715 | ||
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 | |
755 | 719 | ||
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 | |
758 | 724 | ||
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 | |
760 | 728 | ||
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 | |
762 | 731 | ||
763 | - | Coagent’s Telephone Number: _________________________________________________ | |
732 | + | This power of attorney becomes effective immediately unless you state otherwise in the 13 | |
733 | + | Special Instructions. 14 | |
764 | 734 | ||
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 | |
769 | 737 | ||
770 | - | DESIGNATION OF | |
738 | + | DESIGNATION OF AGENT 17 | |
771 | 739 | ||
772 | - | ||
740 | + | This section of the form provides for designation of one agent. 18 | |
773 | 741 | ||
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 | |
778 | 744 | ||
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 | |
781 | 748 | ||
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 | |
787 | 755 | ||
788 | - | ||
756 | + | DESIGNATION OF COAGENTS (OPTIONAL) 30 | |
789 | 757 | ||
790 | - | ||
791 | - | ||
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 | |
792 | 760 | ||
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 | |
797 | 763 | ||
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 | |
803 | 764 | ||
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 | |
809 | 766 | ||
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 | |
813 | 768 | ||
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 | |
816 | 770 | ||
817 | - | (6) Engage, compensate, and discharge an attorney, accountant, | |
818 | - | discretionary investment manager, expert witness, or other advisor; | |
771 | + | Coagent’s Address: ___________________________________________________________ 4 | |
819 | 772 | ||
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 | |
822 | 774 | ||
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 | |
825 | 776 | ||
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 | |
828 | 778 | ||
829 | - | (10) Do lawful acts with respect to the subject and all property related to the | |
830 | - | subject. | |
779 | + | Coagent’s Telephone Number: _________________________________________________ 8 | |
831 | 780 | ||
832 | - | ||
833 | - | ||
834 | - | ||
835 | - | ||
781 | + | Special Instructions Regarding Coagents: ____________________________________________ 9 | |
782 | + | ___________________________________________________________________________________ 10 | |
783 | + | ___________________________________________________________________________________ 11 | |
784 | + | ___________________________________________________________________________________ 12 | |
836 | 785 | ||
837 | - | ||
786 | + | DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 13 | |
838 | 787 | ||
839 | - | ||
788 | + | If my agent is unable or unwilling to act for me, I name as my successor agent: 14 | |
840 | 789 | ||
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 | |
844 | 794 | ||
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 | |
850 | 797 | ||
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 | |
854 | 803 | ||
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 | |
858 | 805 | ||
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 | |
862 | 808 | ||
863 | - | ( | |
864 | - | ||
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 | |
865 | 811 | ||
866 | - | (1) Insuring against liability or casualty or other loss; | |
867 | 812 | ||
868 | - | ||
869 | - | ||
813 | + | conserve, invest, disburse, or use anything so received or obtained for the purposes 1 | |
814 | + | intended; 2 | |
870 | 815 | ||
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 | |
873 | 820 | ||
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 | |
876 | 825 | ||
877 | - | ( | |
878 | - | ||
879 | - | ||
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 | |
880 | 829 | ||
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 | |
884 | 832 | ||
885 | - | ( | |
886 | - | ||
833 | + | (6) Engage, compensate, and discharge an attorney, accountant, 16 | |
834 | + | discretionary investment manager, expert witness, or other advisor; 17 | |
887 | 835 | ||
888 | - | ( | |
889 | - | ||
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 | |
890 | 838 | ||
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 | |
892 | 841 | ||
893 | - | ( | |
894 | - | ||
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 | |
895 | 844 | ||
896 | - | ( | |
897 | - | ||
845 | + | (10) Do lawful acts with respect to the subject and all property related to the 24 | |
846 | + | subject. 25 | |
898 | 847 | ||
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 | |
900 | 852 | ||
901 | - | ||
853 | + | SUBJECTS AND AUTHORITY 30 | |
902 | 854 | ||
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 | |
905 | 856 | ||
906 | - | (___) Demand, buy, receive, accept as a gift or as security for an | |
907 | - | credit, or otherwise acquire or reject | |
908 | - | ||
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 | |
909 | 860 | ||
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 | |
914 | 861 | ||
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 | |
918 | 862 | ||
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 | |
922 | 870 | ||
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 | |
925 | 874 | ||
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 | |
927 | 878 | ||
928 | - | ( | |
929 | - | or | |
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 | |
930 | 881 | ||
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 | |
933 | 883 | ||
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 | |
935 | 886 | ||
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 | |
937 | 889 | ||
938 | - | ( | |
939 | - | property | |
890 | + | (4) Purchasing supplies, hiring assistance or labor, and making 21 | |
891 | + | repairs or alterations to the real property 22 | |
940 | 892 | ||
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 | |
942 | 896 | ||
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 | |
944 | 900 | ||
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 | |
946 | 903 | ||
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 | |
948 | 906 | ||
949 | - | (___) Buy, sell, and exchange stocks and bonds | |
907 | + | (3) Exercising voting rights in person or by proxy 33 | |
908 | + | 20 HOUSE BILL 18 | |
950 | 909 | ||
951 | - | (___) Establish, continue, modify, or terminate an account with respect to | |
952 | - | stocks and bonds | |
953 | 910 | ||
954 | - | (___) | |
955 | - | ||
911 | + | (___) Change the form of title of an interest in or a right incident to real 1 | |
912 | + | property 2 | |
956 | 913 | ||
957 | - | (___) | |
958 | - | ||
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 | |
959 | 916 | ||
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 | |
962 | 918 | ||
963 | - | (___) All of the above | |
919 | + | B. Tangible Personal Property – With respect to this subject, I authorize my 6 | |
920 | + | agent to: 7 | |
964 | 921 | ||
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 | |
966 | 925 | ||
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 | |
970 | 930 | ||
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 | |
972 | 934 | ||
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 | |
974 | 938 | ||
975 | - | | |
976 | - | ||
939 | + | (___) Manage or conserve tangible personal property or an interest in 21 | |
940 | + | tangible personal property on behalf of the principal, including: 22 | |
977 | 941 | ||
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 | |
980 | 943 | ||
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 | |
985 | 946 | ||
986 | - | ( | |
987 | - | ||
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 | |
988 | 949 | ||
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 | |
992 | 951 | ||
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 | |
997 | 953 | ||
998 | - | ( | |
999 | - | ||
954 | + | (6) Using and making repairs, alterations, or improvements to the 30 | |
955 | + | property 31 | |
1000 | 956 | ||
1001 | - | (___) | |
957 | + | (___) Change the form of title of an interest in tangible personal property 32 HOUSE BILL 18 21 | |
1002 | 958 | ||
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 | |
1006 | 959 | ||
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 | |
1012 | 960 | ||
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 | |
1016 | 962 | ||
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 | |
1020 | 964 | ||
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 | |
1023 | 966 | ||
1024 | - | (___) All of the above | |
967 | + | (___) Establish, continue, modify, or terminate an account with respect to 4 | |
968 | + | stocks and bonds 5 | |
1025 | 969 | ||
1026 | - | | |
1027 | - | ||
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 | |
1028 | 972 | ||
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 | |
1030 | 975 | ||
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 | |
1034 | 978 | ||
1035 | - | (___) | |
979 | + | (___) All of the above 12 | |
1036 | 980 | ||
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 | |
1040 | 982 | ||
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 | |
1042 | 986 | ||
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 | |
1046 | 988 | ||
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 | |
1050 | 990 | ||
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 | |
1052 | 993 | ||
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 | |
1056 | 996 | ||
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 | |
1058 | 1001 | ||
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 | |
1060 | 1004 | ||
1061 | - | ( | |
1062 | - | ||
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 | |
1063 | 1007 | ||
1064 | - | (iii) The methods of manufacturing, selling, merchandising, | |
1065 | - | financing, accounting, and advertising employed in the operation of the entity or business; | |
1066 | 1008 | ||
1067 | - | (iv) The amount and types of insurance carried by the entity | |
1068 | - | or business; and | |
1069 | 1009 | ||
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 | |
1072 | 1013 | ||
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 | |
1076 | 1016 | ||
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 | |
1080 | 1018 | ||
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 | |
1083 | 1022 | ||
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 | |
1086 | 1028 | ||
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 | |
1088 | 1032 | ||
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 | |
1090 | 1036 | ||
1091 | - | (___) | |
1092 | - | ||
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 | |
1093 | 1039 | ||
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 | |
1096 | 1041 | ||
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 | |
1102 | 1044 | ||
1103 | - | (___) | |
1045 | + | (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 26 | |
1104 | 1046 | ||
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 | |
1107 | 1050 | ||
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 | |
1112 | 1052 | ||
1113 | - | (___) | |
1114 | - | ||
1115 | - | ||
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 | |
1116 | 1056 | ||
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 | |
1119 | 1057 | ||
1120 | - | (___) Apply for and receive a loan secured by a contract of insurance or | |
1121 | - | annuity | |
1122 | 1058 | ||
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 | |
1125 | 1062 | ||
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 | |
1127 | 1066 | ||
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 | |
1130 | 1068 | ||
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 | |
1133 | 1072 | ||
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 | |
1136 | 1074 | ||
1137 | - | ||
1075 | + | (i) The location of the operation of the entity or business; 12 | |
1138 | 1076 | ||
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 | |
1142 | 1079 | ||
1143 | - | ( | |
1144 | - | of the | |
1080 | + | (iii) The methods of manufacturing, selling, merchandising, 15 | |
1081 | + | financing, accounting, and advertising employed in the operation of the entity or business; 16 | |
1145 | 1082 | ||
1146 | - | ( | |
1147 | - | ||
1083 | + | (iv) The amount and types of insurance carried by the entity 17 | |
1084 | + | or business; and 18 | |
1148 | 1085 | ||
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 | |
1153 | 1088 | ||
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 | |
1155 | 1092 | ||
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 | |
1160 | 1096 | ||
1161 | - | (___) | |
1162 | - | ||
1097 | + | (___) Put additional capital into an entity or a business in which the principal 27 | |
1098 | + | has an interest 28 | |
1163 | 1099 | ||
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 | |
1167 | 1102 | ||
1168 | - | (___) | |
1169 | - | ||
1103 | + | (___) Sell or liquidate all or part of an entity or business 31 | |
1104 | + | 24 HOUSE BILL 18 | |
1170 | 1105 | ||
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 | |
1175 | 1106 | ||
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 | |
1179 | 1109 | ||
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 | |
1183 | 1112 | ||
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 | |
1188 | 1118 | ||
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 | |
1191 | 1120 | ||
1192 | - | | |
1193 | - | ||
1121 | + | G. Insurance and Annuities – With respect to this subject, I authorize my agent 11 | |
1122 | + | to: 12 | |
1194 | 1123 | ||
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 | |
1196 | 1128 | ||
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 | |
1198 | 1132 | ||
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 | |
1204 | 1135 | ||
1205 | - | (___) | |
1206 | - | ||
1136 | + | (___) Apply for and receive a loan secured by a contract of insurance or 22 | |
1137 | + | annuity 23 | |
1207 | 1138 | ||
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 | |
1211 | 1141 | ||
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 | |
1215 | 1143 | ||
1216 | - | (___) | |
1217 | - | ||
1144 | + | (___) Exercise investment powers available under a contract of insurance or 27 | |
1145 | + | annuity 28 | |
1218 | 1146 | ||
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 | |
1227 | 1149 | ||
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 | |
1230 | 1153 | ||
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 | |
1234 | 1154 | ||
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 | |
1237 | 1158 | ||
1238 | - | (___) | |
1239 | - | ||
1159 | + | (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 4 | |
1160 | + | of the principal in a contract of insurance or annuity 5 | |
1240 | 1161 | ||
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 | |
1242 | 1164 | ||
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 | |
1245 | 1169 | ||
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 | |
1249 | 1171 | ||
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 | |
1251 | 1176 | ||
1252 | - | ( | |
1253 | - | ||
1177 | + | (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 17 | |
1178 | + | or payment from the fund described above 18 | |
1254 | 1179 | ||
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 | |
1257 | 1183 | ||
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 | |
1261 | 1186 | ||
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 | |
1263 | 1191 | ||
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 | |
1265 | 1195 | ||
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 | |
1269 | 1198 | ||
1270 | - | (___) | |
1271 | - | ||
1272 | - | ||
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 | |
1273 | 1202 | ||
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 | |
1277 | 1203 | ||
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 | |
1285 | 1204 | ||
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 | |
1289 | 1207 | ||
1290 | - | (___) | |
1291 | - | ||
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 | |
1292 | 1210 | ||
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 | |
1296 | 1212 | ||
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 | |
1300 | 1214 | ||
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 | |
1302 | 1220 | ||
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 | |
1306 | 1223 | ||
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 | |
1312 | 1227 | ||
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 | |
1317 | 1231 | ||
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 | |
1322 | 1234 | ||
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 | |
1325 | 1243 | ||
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 | |
1327 | 1248 | ||
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 | |
1331 | 1251 | ||
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 | |
1335 | 1252 | ||
1336 | - | (___) Receive the financial proceeds of a claim described above and conserve, | |
1337 | - | invest, disburse, or use for a lawful purpose anything so received | |
1338 | 1253 | ||
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 | |
1340 | 1256 | ||
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 | |
1345 | 1258 | ||
1346 | - | | |
1347 | - | ||
1259 | + | J. Personal and Family Maintenance – With respect to this subject, I authorize 4 | |
1260 | + | my agent to: 5 | |
1348 | 1261 | ||
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 | |
1351 | 1265 | ||
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 | |
1354 | 1267 | ||
1355 | - | ( | |
1356 | - | ||
1268 | + | (2) Other individuals legally entitled to be supported by the 10 | |
1269 | + | principal; and 11 | |
1357 | 1270 | ||
1358 | - | ( | |
1359 | - | ||
1271 | + | (3) The individuals whom the principal has customarily supported 12 | |
1272 | + | or indicated the intent to support; 13 | |
1360 | 1273 | ||
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 | |
1363 | 1277 | ||
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 | |
1367 | 1279 | ||
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 | |
1370 | 1281 | ||
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 | |
1373 | 1285 | ||
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 | |
1375 | 1289 | ||
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 | |
1377 | 1292 | ||
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 | |
1379 | 1300 | ||
1380 | - | (___) Exercise investment powers available under a retirement plan | |
1381 | 1301 | ||
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 | |
1383 | 1305 | ||
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 | |
1385 | 1308 | ||
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 | |
1387 | 1312 | ||
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 | |
1396 | 1316 | ||
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 | |
1400 | 1318 | ||
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 | |
1403 | 1322 | ||
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 | |
1406 | 1328 | ||
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 | |
1408 | 1333 | ||
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 | |
1411 | 1338 | ||
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 | |
1419 | 1341 | ||
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 | |
1430 | 1345 | ||
1431 | - | (___) | |
1432 | - | ||
1433 | - | ||
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 | |
1434 | 1349 | ||
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: | |
1439 | 1350 | ||
1440 | - | (1) The value and nature of the principal’s property; | |
1441 | 1351 | ||
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 | |
1443 | 1354 | ||
1444 | - | (3) Minimization of taxes, including income, estate, inheritance, | |
1445 | - | generation–skipping transfer, and gift taxes; | |
1355 | + | (___) All of the above 3 | |
1446 | 1356 | ||
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 | |
1449 | 1361 | ||
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 | |
1451 | 1364 | ||
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 | |
1453 | 1367 | ||
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 | |
1455 | 1370 | ||
1456 | - | ||
1457 | - | ||
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 | |
1458 | 1373 | ||
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 | |
1467 | 1376 | ||
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 | |
1472 | 1379 | ||
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 | |
1475 | 1383 | ||
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 | |
1485 | 1386 | ||
1486 | - | (___) | |
1487 | - | ||
1387 | + | (___) Make a rollover, including a direct trustee–to–trustee rollover, of 25 | |
1388 | + | benefits from one retirement plan to another 26 | |
1488 | 1389 | ||
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 | |
1494 | 1391 | ||
1495 | - | (___) | |
1392 | + | (___) Make contributions to a retirement plan 28 | |
1496 | 1393 | ||
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 | |
1502 | 1395 | ||
1503 | - | (___) | |
1504 | - | ||
1396 | + | (___) Borrow from, sell assets to, or purchase assets from a retirement plan 30 | |
1397 | + | 30 HOUSE BILL 18 | |
1505 | 1398 | ||
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 | |
1508 | 1399 | ||
1509 | - | (___) | |
1400 | + | (___) All of the above 1 | |
1510 | 1401 | ||
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 | |
1513 | 1403 | ||
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 | |
1519 | 1412 | ||
1520 | - | (___) | |
1521 | - | ||
1522 | - | ||
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 | |
1523 | 1416 | ||
1524 | - | LIMITATION ON AGENT’S AUTHORITY | |
1417 | + | (___) Exercise elections available to the principal under federal, state, local, 14 | |
1418 | + | or foreign tax law 15 | |
1525 | 1419 | ||
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 | |
1529 | 1422 | ||
1530 | - | ||
1423 | + | (___) All of the above 18 | |
1531 | 1424 | ||
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 | |
1533 | 1427 | ||
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 | |
1541 | 1434 | ||
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 | |
1543 | 1445 | ||
1544 | - | This power of attorney is effective immediately unless I have stated otherwise in the Special | |
1545 | - | Instructions. | |
1546 | 1446 | ||
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 | |
1548 | 1450 | ||
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 | |
1551 | 1455 | ||
1552 | - | ||
1456 | + | (1) The value and nature of the principal’s property; 8 | |
1553 | 1457 | ||
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 | |
1556 | 1459 | ||
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 | |
1561 | 1462 | ||
1562 | - | – 34 – | |
1463 | + | (4) Eligibility for a benefit, a program, or assistance under a statute or 12 | |
1464 | + | regulation; and 13 | |
1563 | 1465 | ||
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 | |
1568 | 1467 | ||
1569 | - | ||
1468 | + | (___) All of the above 15 | |
1570 | 1469 | ||
1571 | - | _____________________________________________ ______________________________ | |
1572 | - | Your Signature Date | |
1470 | + | GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 16 | |
1573 | 1471 | ||
1574 | - | ||
1575 | - | ||
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 | |
1576 | 1474 | ||
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 | |
1580 | 1482 | ||
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 | |
1583 | 1486 | ||
1584 | - | ||
1585 | - | ||
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 | |
1586 | 1489 | ||
1587 | - | ||
1588 | - | ||
1589 | - | ||
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 | |
1590 | 1493 | ||
1591 | - | by ___________________________________________________________________________. | |
1592 | - | (Name of Principal) | |
1593 | 1494 | ||
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 | |
1597 | 1501 | ||
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 | |
1599 | 1504 | ||
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 | |
1603 | 1510 | ||
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 | |
1607 | 1512 | ||
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 | |
1609 | 1518 | ||
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 | |
1619 | 1521 | ||
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 | |
1629 | 1524 | ||
1630 | - | ||
1525 | + | (___) Exercise fiduciary powers that the principal has authority to delegate 24 | |
1631 | 1526 | ||
1632 | - | ___________________________________________________________________________________ | |
1633 | - | _________________________________________________________________________ | |
1527 | + | (___) Disclaim or refuse an interest in property, including a power of appointment 25 | |
1634 | 1528 | ||
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 | |
1636 | 1533 | ||
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 | |
1638 | 1537 | ||
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 | |
1643 | 1540 | ||
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; | |
1647 | 1541 | ||
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 | |
1649 | 1545 | ||
1650 | - | ( | |
1546 | + | SPECIAL INSTRUCTIONS (OPTIONAL) 4 | |
1651 | 1547 | ||
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 | |
1655 | 1549 | ||
1656 | - | __________________________________ ______________________________________ Ch. 696 2023 LAWS OF MARYLAND | |
1550 | + | ___________________________________________________________________________________ 6 | |
1551 | + | ___________________________________________________________________________________ 7 | |
1552 | + | ___________________________________________________________________________________ 8 | |
1553 | + | ___________________________________________________________________________________ 9 | |
1554 | + | ___________________________________________________________________________________ 10 | |
1555 | + | ___________________________________________________________________________________ 11 | |
1556 | + | ___________________________________________________________________________________ 12 | |
1657 | 1557 | ||
1658 | - | – 36 – | |
1659 | - | (Principal’s Name) by (Your Signature) as Agent | |
1558 | + | EFFECTIVE DATE 13 | |
1660 | 1559 | ||
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 | |
1662 | 1562 | ||
1663 | - | ( | |
1563 | + | TERMINATION DATE (OPTIONAL) 16 | |
1664 | 1564 | ||
1665 | - | ||
1666 | - | ||
1565 | + | This power of attorney shall terminate on _______________________________, 20______. 17 | |
1566 | + | (Use a specific calendar date) 18 | |
1667 | 1567 | ||
1668 | - | (3) Keep a record of all receipts, disbursements, and transactions made on behalf | |
1669 | - | of the principal; | |
1568 | + | NOMINATION OF GUARDIAN (OPTIONAL) 19 | |
1670 | 1569 | ||
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 | |
1674 | 1572 | ||
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 | |
1677 | 1577 | ||
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 | |
1679 | 1582 | ||
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 | |
1683 | 1584 | ||
1684 | - | (1) Death of the principal; | |
1585 | + | _____________________________________________ ______________________________ 31 | |
1586 | + | Your Signature Date 32 | |
1685 | 1587 | ||
1686 | - | ||
1588 | + | ______________________________________________________________________________ 33 34 HOUSE BILL 18 | |
1687 | 1589 | ||
1688 | - | (3) The occurrence of a termination event stated in the power of attorney; | |
1689 | 1590 | ||
1690 | - | ||
1591 | + | Your Name Printed 1 | |
1691 | 1592 | ||
1692 | - | ||
1693 | - | ||
1694 | - | ||
1593 | + | ______________________________________________________________________________ 2 | |
1594 | + | ______________________________________________________________________________ 3 | |
1595 | + | Your Address 4 | |
1695 | 1596 | ||
1696 | - | Liability of Agent | |
1597 | + | ______________________________________________________________________________ 5 | |
1598 | + | Your Telephone Number 6 | |
1697 | 1599 | ||
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 | |
1702 | 1602 | ||
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 | |
1705 | 1606 | ||
1706 | - | – 37 – | |
1607 | + | by ___________________________________________________________________________. 12 | |
1608 | + | (Name of Principal) 13 | |
1707 | 1609 | ||
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 | |
1710 | 1613 | ||
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 | + |