Maryland 2023 Regular Session

Maryland Senate Bill SB851 Compare Versions

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1- WES MOORE, Governor Ch. 697
21
3-– 1 –
4-Chapter 697
5-(Senate Bill 851)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0851*
89
9-Maryland General and Limited Power of Attorney Act – Assistance With
10-Governmental Benefits and Programs Alterations
10+SENATE BILL 851
11+N2 3lr2824
12+ CF HB 18
13+By: Senator Carter
14+Introduced and read first time: February 6, 2023
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 7, 2023
1119
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.
20+CHAPTER ______
2521
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)
22+AN ACT concerning 1
3123
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
24+Maryland General and Limited Power of Attorney Act – Assistance With 2
25+Governmental Benefits and Programs Alterations 3
3426
35-Article – Estates and Trusts
27+FOR the purpose of altering a certain statutory form for a general power of attorney by 4
28+including certain provisions informing the principal and agent of certain matters, 5
29+granting general authority with respect to tangible personal property and trusts and 6
30+estates, authorizing the principal to grant the agent certain specific powers relating 7
31+to successor agents, compensation, gifts or transfers, and opening joint accounts and 8
32+beneficiary designations, and clarifying the force and effect of the form; altering 9
33+certain statutory forms for a power of attorney to include certain provisions relating 10
34+to the authority of an agent to perform certain acts relating to eligibility and 11
35+qualifications for certain governmental benefits or programs; altering a certain 12
36+provision in a certain statutory form for a limited power of attorney relating to the 13
37+authority of an agent to make a gift of part or all of a principal’s property or to take 14
38+certain actions with respect to certain trusts under certain circumstances; and 15
39+generally relating to powers of attorney. 16
3640
37-17–202.
41+BY repealing and reenacting, with amendments, 17
42+ Article – Estates and Trusts 18
43+Section 17–202 and 17–203 19
44+ Annotated Code of Maryland 20
45+ (2022 Replacement Volume and 2022 Supplement) 21
3846
39-“MARYLAND STATUTORY FORM
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
48+That the Laws of Maryland read as follows: 23 2 SENATE BILL 851
4049
41-PERSONAL FINANCIAL POWER OF ATTORNEY
4250
43-IMPORTANT INFORMATION AND WARNING
4451
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
49-respect to your property (including your money) whether or not you are able to act for Ch. 697 2023 LAWS OF MARYLAND
52+Article – Estates and Trusts 1
5053
51-– 2 –
52-yourself.
54+17–202. 2
5355
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.
56+“MARYLAND STATUTORY FORM 3
5757
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.
58+PERSONAL FINANCIAL POWER OF ATTORNEY 4
6359
64-YOU SHOULD UNDERSTAND THAT GRANTING YOUR AGENT THE AUTHORITY TO TAK E
65-ACTIONS UNDER THIS P OWER OF ATTORNEY MAY :
60+IMPORTANT INFORMATION AND WARNING 5
6661
67- (1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR
68-ACCESS TO YOUR ASSET S;
62+You should be very careful in deciding whether or not to sign this document. The powers 6
63+granted by you (the principal) in this document are broad and sweeping. This power of 7
64+attorney authorizes another person (your agent) to make decisions concerning your 8
65+property for you (the principal). Your agent will be able to make decisions and act with 9
66+respect to your property (including your money) whether or not you are able to act for 10
67+yourself. 11
6968
70- (2) CHANGE HOW YOUR PROPE RTY IS DISTRIBUTED U NDER YOUR
71-EXISTING ESTATE PLAN S TO YOUR HEIR S OR OTHERS ON YOUR DEATH; OR
69+You should select someone you trust to serve as your agent. Unless you specify otherwise, 12
70+generally the agent’s authority will continue until you die or revoke the power of attorney 13
71+or the agent resigns or is unable to act for you. 14
7272
73- (3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS.
73+You need not grant all of the powers listed below. If you choose to grant less than all of the 15
74+listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 16
75+and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 17
76+intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 18
77+Agent to exercise. 19
7478
75-This power of attorney becomes effective immediately unless you state otherwise in the
76-Special Instructions.
79+YOU SHOULD UNDERSTAND THAT GRANTING YOUR AGENT THE AUTHORITY TO TAK E 20
80+ACTIONS UNDER THIS P OWER OF ATTORNEY MAY : 21
7781
78-You should obtain competent legal advice before you sign this power of attorney if you have
79-any questions about the document or the authority you are granting to your agent.
82+ (1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR 22
83+ACCESS TO YOUR ASSET S; 23
8084
81-IMPORTANT INFORMATION FOR AGENT
85+ (2) CHANGE HOW YOUR PROPE RTY IS DISTRIBUTED U NDER YOUR 24
86+EXISTING ESTATE PLAN S TO YOUR HEIRS OR OTHERS ON YOUR DEATH; OR 25
8287
83-SIMPLY BECAUSE YOU AR E GRANTED A POWER OF ATTORNEY DOES NOT ME AN YOU
84-SHOULD EXERCISE IT . YOU ARE BOUND BY AN UTMOST DUTY OF LO YALTY 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 .
88+ (3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS. 26
8889
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.
90+This power of attorney becomes effective immediately unless you state otherwise in the 27
91+Special Instructions. 28
9292
93-DESIGNATION OF AGENT
93+You should obtain competent legal advice before you sign this power of attorney if you have 29
94+any questions about the document or the authority you are granting to your agent. 30
9495
95-This section of the form provides for designation of one agent. WES MOORE, Governor Ch. 697
96+IMPORTANT INFORMATION FOR AGENT 31 SENATE BILL 851 3
9697
97-– 3 –
9898
99-If you wish to name coagents, skip this section and use the next section (“Designation of
100-Coagents”).
10199
102-I, ___________________________________________________________________________,
100+SIMPLY BECAUSE YOU AR E GRANTED A POWER OF ATTORNEY DOES NOT ME AN YOU 1
101+SHOULD EXERCISE IT . YOU ARE BOUND BY AN UTMOST DUTY OF LO YALTY TO THE 2
102+INTERESTS OF THE PRI NCIPAL. YOU MAY NOT ACT IN YO UR OWN SELF–INTEREST. 3
103+YOU ARE FURTHER LIMIT ED BY LEGAL DUTIES T O THE PRINCIPAL THAT GOVERN 4
104+YOUR ACTIONS . 5
103105
104-(Name of Principal)
106+WHEN EXERCISING THE A UTHORITY GRANTED IN THIS POWER OF ATTORN EY, YOU 6
107+SHALL CONSIDER THE S TATED INTENTIONS OF THE PRINCIPAL REGARD ING THE 7
108+PRINCIPAL’S SELF–INTEREST, FAMILY, ESTATE, AND TAXES. 8
105109
106-Name the following person as my agent:
110+DESIGNATION OF AGENT 9
107111
108-Name of Agent: _______________________________________________________________
112+This section of the form provides for designation of one agent. 10
109113
110-Agent’s Address: ______________________________________________________________
114+If you wish to name coagents, skip this section and use the next section (“Designation of 11
115+Coagents”). 12
111116
112-Agent’s Telephone Number: ___________________________________________________
117+I, ___________________________________________________________________________, 13
113118
114-DESIGNATION OF COAGENTS (OPTION AL)
119+(Name of Principal) 14
115120
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.
121+Name the following person as my agent: 15
118122
119-I, ___________________________________________________________________________,
123+Name of Agent: _______________________________________________________________ 16
120124
121-(Name of Principal)
125+Agent’s Address: ______________________________________________________________ 17
122126
123-Name the following persons as coagents:
127+Agent’s Telephone Number: ___________________________________________________ 18
124128
125-Name of Coagent: ____________________________________________________________
129+DESIGNATION OF COAGENTS (OPTIONAL) 19
126130
127-Coagent’s Address: ___________________________________________________________
131+This section of the form provides for designation of two or more coagents. Coagents are 20
132+required to act together unanimously unless you otherwise provide in this form. 21
128133
129-Coagent’s Telephone Number: _________________________________________________
134+I, ___________________________________________________________________________, 22
130135
131-Name of Coagent: ____________________________________________________________
136+(Name of Principal) 23
132137
133-Coagent’s Address: ___________________________________________________________
138+Name the following persons as coagents: 24
134139
135-Coagent’s Telephone Number: _________________________________________________
140+Name of Coagent: ____________________________________________________________ 25
136141
137-Special Instructions Regarding Coagents: _______________________________________
138-___________________________________________________________________________________
139-___________________________________________________________________________________
140-____________________________________________________________________
142+Coagent’s Address: ___________________________________________________________ 26
141143
142-DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
143- Ch. 697 2023 LAWS OF MARYLAND
144+Coagent’s Telephone Number: _________________________________________________ 27 4 SENATE BILL 851
144145
145-– 4 –
146-If my agent is unable or unwilling to act for me, I name as my successor agent:
147146
148-Name of Successor Agent: _____________________________________________________
149147
150-Successor Agent’s
151-Address: _____________________________________________________________________
148+Name of Coagent: ____________________________________________________________ 1
152149
153-Successor Agent’s
154-Telephone Number: ___________________________________________________________
150+Coagent’s Address: ___________________________________________________________ 2
155151
156-If my successor agent is unable or unwilling to act for me, I name as my second successor
157-agent:
152+Coagent’s Telephone Number: _________________________________________________ 3
158153
159-Name of Second
160-Successor Agent: _____________________________________________________________
154+Special Instructions Regarding Coagents: _______________________________________ 4
155+___________________________________________________________________________________ 5
156+___________________________________________________________________________________ 6
157+____________________________________________________________________ 7
161158
162-Second Successor
163-Agent’s Address: ______________________________________________________________
159+DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 8
164160
165-Second Successor Agent’s
166-Telephone Number: ___________________________________________________________
161+If my agent is unable or unwilling to act for me, I name as my successor agent: 9
167162
168-POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR
169-SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL)
163+Name of Successor Agent: _____________________________________________________ 10
170164
171-ONLY IF I HAVE INITIALED BELOW, MY AGENT(S) MAY APPOINT A SUCCES SOR
172-AGENT(S).
165+Successor Agents 11
166+Address: _____________________________________________________________________ 12
173167
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 APPOINTMENT
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 .
168+Successor Agent’s 13
169+Telephone Number: ___________________________________________________________ 14
179170
180-COMPENSATION (OPTIONAL)
171+If my successor agent is unable or unwilling to act for me, I name as my second successor 15
172+agent: 16
181173
182-YOUR AGENT IS ENTITLE D TO REIMBURSEME NT FOR THEIR EXPENSE S. YOUR AGENT
183-IS ENTITLED TO COMPE NSATION ONLY IF YOU HAVE INITIALED ONE OF THE
184-OPTIONS LISTED BELOW :
174+Name of Second 17
175+Successor Agent: _____________________________________________________________ 18
185176
186- (___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION .
177+Second Successor 19
178+Agent’s Address: ______________________________________________________________ 20
187179
188- (___) MY AGENT(S) IS ENTITLED TO THE F OLLOWING COMPENSATIO N:
189- WES MOORE, Governor Ch. 697
180+Second Successor Agents 21
181+Telephone Number: ___________________________________________________________ 22
190182
191-– 5 –
192-GRANT OF GENERAL AUTHORITY
183+POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR 23
184+SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL) 24
193185
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:
186+ONLY IF I HAVE INITIALED BELOW, MY AGENT(S) MAY APPOINT A SUCCES SOR 25
187+AGENT(S). 26
196188
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;
189+ (___) EACH AGENT, WHILE SERVING IN THA T CAPACITY, MAY APPOINT AN 27
190+INDIVIDUAL TO SUCCEE D TO THE AGENT ’S OFFICE ON THE AGEN T’S DEATH, 28
191+RESIGNATION, OR INCAPACITY ; PROVIDED, HOWEVER, THAT AN APPOINTMENT 29 SENATE BILL 851 5
201192
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;
204193
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;
194+UNDER THIS SECTION B ECOMES EFFECTIVE ONL Y WHEN NO OTHER AG ENT OR 1
195+SUCCESSOR AGENT DESI GNATED BY ME IS WILL ING OR ABLE TO ACT . 2
207196
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;
197+COMPENSATION (OPTIONAL) 3
211198
212- (5) Engage, compensate, and di scharge an attorney, accountant,
213-discretionary investment manager, expert witness, or other advisor;
199+YOUR AGENT IS ENTITLE D TO REIMBURSEMENT F OR THEIR EXPENSES . YOUR AGENT 4
200+IS ENTITLED TO COMPE NSATION ONLY IF YOU HAVE INITIALED ONE OF THE 5
201+OPTIONS LISTED BELOW : 6
214202
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 government or governmental
218-subdivision, agency, or instrumentality, on behalf of the principal; and
203+ (___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION . 7
219204
220- (7) Do lawful acts with respect to the subject and all property related to the
221-subject.
205+ (___) MY AGENT(S) IS ENTITLED TO THE F OLLOWING COMPENSATIO N: 8
222206
223-SUBJECTS AND AU THORITY
207+GRANT OF GENERAL AUTHORITY 9
224208
225-My agent’s authority shall include the authority to act as stated below with regard to each
226-of the following subjects:
209+I (“the principal”) grant my agent and any successor agent, with respect to each subject 10
210+listed below, the authority to do all acts that I could do to: 11
227211
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 Ch. 697 2023 LAWS OF MARYLAND
212+ (1) Contract with another person, on terms agreeable to the agent, to 12
213+accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 13
214+restate, release, or modify the contract or another contract made by or on behalf of the 14
215+principal; 15
238216
239-– 6 –
240-loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation
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.
217+ (2) Execute, acknowledge, seal, deliver, file, or record any instrument or 16
218+communication the agent considers desirable to accomplish a purpose of a transaction; 17
244219
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.
220+ (3) Seek on the principal’s behalf the assistance of a court or other 18
221+governmental agency to carry out an act authorized in this power of attorney; 19
272222
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.
223+ (4) Initiate, participate in, submit to alternative dispute resolution, settle, 20
224+oppose, or propose or accept a compromise with respect to a claim existing in favor of or 21
225+against the principal or intervene in litigation relating to the claim; 22
280226
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, WES MOORE, Governor Ch. 697
227+ (5) Engage, compensate, and discharge an attorney, accountant, 23
228+discretionary investment manager, expert witness, or other advisor; 24
284229
285-– 7 –
286-transact all business in connection with, and terminate an account or other banking
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.
230+ (6) Prepare, execute, and file a record, report, or other document to 25
231+safeguard or promote the principal’s interest under a statute or regulation and 26
232+communicate with representatives or employees of a government or governmental 27
233+subdivision, agency, or instrumentality, on behalf of the principal; and 28
304234
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.
235+ (7) Do lawful acts with respect to the subject and all property related to the 29
236+subject. 30
327237
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 Ch. 697 2023 LAWS OF MARYLAND
238+SUBJECTS AND AUTHORITY 31
239+ 6 SENATE BILL 851
332240
333-– 8 –
334-liability, or seek an injunction, specific performance, or other relief; act for the principal
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.
341241
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 PROGRAM , 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.
242+My agent’s authority shall include the authority to act as stated below with regard to each 1
243+of the following subjects: 2
359244
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 WES MOORE, Governor Ch. 697
245+Real property – With respect to this subject, I authorize my agent to: demand, buy, sell, 3
246+convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise 4
247+acquire or reject an interest in real property or a right incident to real property; pledge or 5
248+mortgage an interest in real property or right incident to real property as security to borrow 6
249+money or pay, renew, or extend the time of payment of a debt of the principal or a debt 7
250+guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or 8
251+enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, 9
252+encumbrance, lien, or other claim to real property that exists or is asserted; and manage or 10
253+conserve an interest in real property or a right incident to real property owned or claimed 11
254+to be owned by the principal, including: (1) insuring against liability or casualty or other 12
255+loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation 13
256+or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or 14
257+applying for and receiving refunds in connection with them; and (4) purchasing supplies, 15
258+hiring assistance or labor, and making repairs or alterations to the real property. 16
380259
381-– 9 –
382-the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a
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.
260+TANGIBLE PERSONAL PRO PERTY, INCLUDING MOTOR VEHI CLES, BOATS, PLANES, 17
261+AND OTHER TITLED AND UNTITLED TANGIBLE PE RSONAL PROPERTY – WITH 18
262+RESPECT TO THIS SUBJ ECT, I AUTHORIZE MY AGENT T O: DEMAND, BUY, RECEIVE, 19
263+ACCEPT AS A GIFT OR AS SECURITY FOR AN EXTENSION OF CREDIT , OR OTHERWISE 20
264+ACQUIRE OR REJECT OW NERSHIP OR POSSESSIO N OF TANGIBLE PERSON AL 21
265+PROPERTY OR AN INTER EST IN TANGIBLE PERS ONAL PROPERTY ; SELL, EXCHANGE, 22
266+CONVEY WITH OR WITHO UT COVENANTS , REPRESENTATIONS , OR WARRANTIES , 23
267+QUITCLAIM, RELEASE, SURRENDER, CREATE A SECURITY IN TEREST IN, GRANT 24
268+OPTIONS CONCERNING , LEASE, SUBLEASE, OR OTHERWISE DISPOSE OF TANGIBLE 25
269+PERSONAL PROPERTY OR AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; GRANT 26
270+A SECURITY INTEREST IN TANGIBLE PERSONAL PROPERTY OR AN INTER EST IN 27
271+TANGIBLE PERSONAL PROP ERTY AS SECURITY TO BORROW MONEY OR PAY , RENEW, 28
272+OR EXTEND THE TIME O F PAYMENT OF A DEBT OF THE PRINCIPAL OR A DEBT 29
273+GUARANTEED BY THE PR INCIPAL; RELEASE, ASSIGN, SATISFY, OR ENFORCE BY 30
274+LITIGATION OR OTHERW ISE, A SECURITY INTEREST , LIEN, OR OTHER CLAIM ON 31
275+BEHALF OF THE PRINCI PAL, WITH RESPECT TO TANG IBLE PERSONAL PROPER TY OR 32
276+AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; MANAGE OR CONSERVE 33
277+TANGIBLE PERSONAL PR OPERTY OR AN INTERES T IN TANGIBLE PERSON AL 34
278+PROPERTY ON BEHALF O F THE PRINCIPAL , INCLUDING: (1) INSURING AGAINST 35
279+LIABILITY OR CASUALT Y OR OTHER LOSS ; (2) OBTAINING OR REGAINI NG 36
280+POSSESSION OF OR PRO TECTING THE PROPERTY OR INTEREST, BY LITIGATION OR 37
281+OTHERWISE; (3) PAYING, ASSESSING, COMPROMISING , OR CONTESTING TAXES OR 38
282+ASSESSMENTS OR APPLY ING FOR AND RECEIVING RE FUNDS IN CONNECTION WITH 39
283+TAXES OR ASSESSMENTS ; (4) MOVING THE PROPERTY FROM PLACE TO PLACE ; (5) 40
284+STORING THE PROPERTY FOR HIRE OR ON A GRA TUITOUS BAILMENT ; AND (6) USING 41
285+AND MAKING REPAIRS , ALTERATIONS , OR IMPROVEMENTS TO T HE PROPERTY ; AND 42
286+CHANGE THE FORM OF T ITLE OF AN INTEREST IN TANGIBLE PERSONAL PROPERTY. 43 SENATE BILL 851 7
390287
391-Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal,
392-state, local, and foreign income, gift, payroll, property, federal insurance contributions act,
393-and other tax returns, claims for refunds, requests for extension of time, petitions regarding
394-tax matters, and other tax–related documents, including receipts, offers, waivers, consents,
395-including consents and agreements under Internal Revenue Code Section [2032(A)]
396-2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney
397-required by the Internal Revenue Service or other taxing authority with respect to a tax
398-year on which the statute of limitations has not run and the following 25 tax years; pay
399-taxes due, collect refunds, post bonds, receive confidential information, and contest
400-deficiencies determined by the Internal Revenue Service or other taxing authority; exercise
401-elections available to the principal under federal, state, local, or foreign tax law; and act for
402-the principal in all tax matters for all periods before the Internal Revenue Service, or other
403-taxing authority.
404288
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.
410289
411-TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT:
290+Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and 1
291+exchange stocks and bonds; establish, continue, modify, or terminate an account with 2
292+respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or 3
293+extend the time of payment of a debt of the principal; receive certificates and other 4
294+evidences of ownership with respect to stocks and bonds; exercise voting rights with respect 5
295+to stocks and bonds in person or by proxy, enter into voting trusts, and consent to 6
296+limitations on the right to vote. 7
412297
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;
298+Banks and other financial institutions – With respect to this subject, I authorize my agent 8
299+to: continue, modify, transact all business in connection with, and terminate an account or 9
300+other banking arrangement made by or on behalf of the principal; establish, modify, 10
301+transact all business in connection with, and terminate an account or other banking 11
302+arrangement with a bank, trust company, savings and loan association, credit union, thrift 12
303+company, brokerage firm, or other financial institution selected by the agent; contract for 13
304+services available from a financial institution, including renting a safe deposit box or space 14
305+in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or 15
306+leave in the custody of, a financial institution money or property of the principal; withdraw, 16
307+by check, money order, electronic funds transfer, or otherwise, money or property of the 17
308+principal deposited with or left in the custody of a financial institution; receive statements 18
309+of account, vouchers, notices, and similar documents from a financial institution and act 19
310+with respect to them; enter a safe deposit box or vault and withdraw or add to the contents; 20
311+borrow money and pledge as security personal property of the principal necessary to borrow 21
312+money or pay, renew, or extend the time of payment of a debt of the principal or a debt 22
313+guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and 23
314+negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of 24
315+the principal or payable to the principal or the principal’s order, transfer money, receive 25
316+the cash or other proceeds of those transactions; and apply for, receive, and use credit cards 26
317+and debit cards, electronic transaction authorizations, and traveler’s checks from a 27
318+financial institution. 28
418319
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 O F THE ASSETS 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 I N EITHER JUDICIAL OR NONJ UDICIAL MODIFICATION Ch. 697 2023 LAWS OF MARYLAND
320+Insurance and annuities – With respect to this subject, I authorize my agent to: continue, 29
321+pay the premium or make a contribution on, modify, exchange, rescind, release, or 30
322+terminate a contract procured by or on behalf of the principal that insures or provides an 31
323+annuity to either the principal or another person, whether or not the principal is a 32
324+beneficiary under the contract; procure new, different, and additional contracts of 33
325+insurance and annuities for the principal and select the amount, type of insurance or 34
326+annuity, and mode of payment; pay the premium or make a contribution on, modify, 35
327+exchange, rescind, release, or terminate a contract of insurance or annuity procured by the 36
328+agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender 37
329+and receive the cash surrender value on a contract of insurance or annuity; exercise an 38
330+election; exercise investment powers available under a contract of insurance or annuity; 39
331+change the manner of paying premiums on a contract of insurance or annuity; change or 40
332+convert the type of insurance or annuity with respect to which the principal has or claims 41
333+to have authority described in this section; apply for and procure a benefit or assistance 42
334+under a statute or regulation to guarantee or pay premiums of a contract of insurance on 43
335+the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the 44 8 SENATE BILL 851
426336
427-– 10 –
428-OF A TRUST AS PERMIT TED UNDER § 14.5–111 OF THE ESTATES AND TRUSTS
429-ARTICLE; AND
430337
431- (3) MY AGENT MAY CREATE A ND TRANSFER PROPERTY TO AN
432-INTERVIVOS REVOCABLE OR IRREVOCABLE TRUST FOR MY SOLE BENEFIT THAT ON
433-MY DEATH DISTRIBUTES THE PROP ERTY IN A MANNER CON SISTENT WITH MY
434-EXISTING ESTATE PLAN , IF ANY, AND IN ACCORDANCE WI TH MARYLAND LAW .
338+interest of the principal in a contract of insurance or annuity; select the form and timing of 1
339+the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or 2
340+otherwise, compromise or contest, and apply for refunds in connection with a tax or 3
341+assessment levied by a taxing authority with respect to a contract of insurance or annuity 4
342+or the proceeds or liability from the contract of insurance or annuity accruing by reason of 5
343+the tax or assessment. 6
435344
436-GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
345+Claims and litigation – With respect to this subject, I authorize my agent to: assert and 7
346+maintain before a court or administrative agency a claim, claim for relief, cause of action, 8
347+counterclaim, offset, recoupment, or defense, including an action to recover property or 9
348+other thing of value, recover damages sustained by the principal, eliminate or modify tax 10
349+liability, or seek an injunction, specific performance, or other relief; act for the principal 11
350+with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the 12
351+principal or some other person, or with respect to a reorganization, receivership, or 13
352+application for the appointment of a receiver or trustee that affects an interest of the 14
353+principal in property or other thing of value; pay a judgment, award, or order against the 15
354+principal or a settlement made in connection with a claim or litigation; and receive money 16
355+or other thing of value paid in settlement of or as proceeds of a claim or litigation. 17
437356
438-(CAUTION: GRANTING ANY OF THE F OLLOWING WILL GIVE Y OUR AGENT THE
439-AUTHORITY TO TAKE AC TIONS THAT COULD SIGNIFICA NTLY REDUCE YOUR
440-PROPERTY OR CHANGE H OW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH.)
357+Benefits from governmental programs or civil or military service (including any benefit, 18
358+program, or assistance provided under a statute or regulation including Social Security, 19
359+Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute 20
360+vouchers in the name of the principal for allowances and reimbursements payable by the 21
361+United States or a foreign government or by a state or subdivision of a state to the principal; 22
362+PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A 23
363+GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING PERSONAL AND 24
364+FINANCIAL RECORDS AND, TO THE EXTENT AUTHOR IZED IN THE SPECIAL 25
365+INSTRUCTIONS BELOW , TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll 26
366+in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a 27
367+GOVERNMENTAL benefit or program; prepare, file, and maintain a claim of the principal 28
368+for a benefit or assistance, financial or otherwise, to which the principal may be entitled 29
369+under a statute or regulation; initiate, participate in, submit to alternative dispute 30
370+resolution, settle, oppose, or propose or accept a compromise with respect to litigation 31
371+concerning a benefit or assistance the principal may be entitled to receive under a statute 32
372+or regulation; and receive the financial proceeds of a claim described above and conserve, 33
373+invest, disburse, or use for a lawful purpose anything so received. 34
441374
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:
375+Retirement plans (including a plan or account created by an employer, the principal, or 35
376+another individual to provide retirement benefits or deferred compensation of which the 36
377+principal is a participant, beneficiary, or owner, including a plan or account under the 37
378+following sections of the Internal Revenue Code: (1) an individual retirement account under 38
379+Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement 39
380+account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed 40
381+individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. § 41
382+408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code 42
383+Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other 43
384+retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 44 SENATE BILL 851 9
446385
447- (___) MY AGENT, SUBJECT TO THE FOLLO WING CONDITIONS , IF ANY:
448- _________________________________________________________
449- _________________________________________________________
450386
451- (___) MY SPOUSE
387+(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a 1
388+nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 2
389+U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and 3
390+timing of payments under a retirement plan and withdraw benefits from a plan; make a 4
391+rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan 5
392+to another; establish a retirement plan in the principal’s name; make contributions to a 6
393+retirement plan; exercise investment powers available under a retirement plan; borrow 7
394+from, sell assets to, or purchase assets from a retirement plan. I recognize that granting 8
395+my agent the authority to create or change a beneficiary designation for a retirement plan 9
396+may affect the benefits that I may receive if that authority is exercised. If I grant my agent 10
397+the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a 11
398+beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may 12
399+make the property subject to that authority taxable as a part of the agent’s estate. 13
400+Therefore, if I wish to authorize my agent to create or change a beneficiary designation for 14
401+any retirement plan, and in particular if I wish to authorize the agent to designate as my 15
402+beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state 16
403+this authority in the Special Instructions section that follows or in a separate power of 17
404+attorney. 18
452405
453- (___) MY PARENTS
406+Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal, 19
407+state, local, and foreign income, gift, payroll, property, federal insurance contributions act, 20
408+and other tax returns, claims for refunds, requests for extension of time, petitions regarding 21
409+tax matters, and other tax–related documents, including receipts, offers, waivers, consents, 22
410+including consents and agreements under Internal Revenue Code Section [2032(A)] 23
411+2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney 24
412+required by the Internal Revenue Service or other taxing authority with respect to a tax 25
413+year on which the statute of limitations has not run and the following 25 tax years; pay 26
414+taxes due, collect refunds, post bonds, receive confidential information, and contest 27
415+deficiencies determined by the Internal Revenue Service or other taxing authority; exercise 28
416+elections available to the principal under federal, state, local, or foreign tax law; and act for 29
417+the principal in all tax matters for all periods before the Internal Revenue Service, or other 30
418+taxing authority. 31
454419
455- (___) MY GRANDPARENTS
420+Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary 32
421+Access to Digital Assets Act, my agent shall have authority over and the right to access: (1) 33
422+the content of any of my electronic communications; (2) any catalogue of electronic 34
423+communications sent or received by me; and (3) any other digital asset in which I have a 35
424+right or interest. 36
456425
457- (___) MY CHILDREN AND THEIR DESCENDANTS
426+TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT: 37
458427
459- (___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER
460-CONSISTENT WITH MY P REVIOUS GIVING HISTORY
428+ (1) MY AGENT MAY ACT FOR ME IN ALL MATTERS TH AT AFFECT A 38
429+TRUST, PROBATE ESTATE , ESCROW, CUSTODIANSHIP , OR OTHER FUND TO WHI CH I 39
430+AM NOW, CLAIM TO BE, OR LATER BECOME ENTI TLED AS A BENEFICIAR Y, TO A SHARE 40
431+OR PAYMENT , INCLUDING PETITIONS , OBJECTIONS, WAIVERS, CONSENTS, 41
432+RECEIPTS, SETTLEMENTS , AND OTHER RELATED AG REEMENTS; 42 10 SENATE BILL 851
461433
462- (___) THE PEOPLE AND CHARIT ABLE ORGANIZATIONS , IF ANY, NAMED
463-IN MY ESTATE PLAN AN D IN ACCORDANCE WITH THE TERMS OF MY ESTA TE PLAN
464-THAT ARE IN EXISTENC E AT THE TIME THE GI FT IS MADE
465434
466- (___) MY INTESTATE HEIRS WH O WOULD RECEIVE MY ESTATE UNDER
467-MARYLAND LAW IF I DIED A RESIDENT OF MARYLAND WITHOUT A WI LL
468435
469- (___) ONE OR MORE OF THE FO LLOWING PERSONS :
470- _________________________________________________________ WES MOORE, Governor Ch. 697
436+ (2) TO THE EXTENT PERMITT ED IN THE TRUST AGRE EMENT, MY 1
437+AGENT MAY CONSENT TO THE AMENDMENT , REVOCATION , OR TERMINATION OF A 2
438+TRUST OF WHICH I AM A BENEFICIARY , OR TO THE TRANSFER O F THE ASSETS OF THE 3
439+TRUST INTO ANOTHER T RUST FOR MY BENEFIT , AND TO ENTER INTO TR ANSACTIONS 4
440+WITH ANY TRUST CREAT ED BY ME, FOR ME, ON MY BEHALF, OR IN CONNECTION WIT H 5
441+GIFTS FROM ME TO OTH ERS AS PROVIDED IN T HE PARAGRAPH BELOW A UTHORIZING 6
442+GIFTS; AND TO PARTICIPATE I N EITHER JUDICIAL OR NONJ UDICIAL MODIFICATION 7
443+OF A TRUST AS PERMIT TED UNDER § 14.5–111 OF THE ESTATES AND TRUSTS 8
444+ARTICLE; AND 9
471445
472-– 11 –
473- _________________________________________________________
446+ (3) MY AGENT MAY CREATE A ND TRANSFER PROPERTY TO AN 10
447+INTERVIVOS REVOCABLE OR IRREVOCABLE TRUST FOR MY SOLE BENEFIT THAT ON 11
448+MY DEATH DISTRIBUTES THE PROP ERTY IN A MANNER CON SISTENT WITH MY 12
449+EXISTING ESTATE PLAN , IF ANY, AND IN ACCORDANCE WI TH MARYLAND LAW . 13
474450
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:
451+GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 14
477452
478- (___) IN AN AMOUNT NOT TO E XCEED $_____ PER PERSON EACH
479-CALENDAR YEAR TO THE PERSONS, NONPROFITS, OR CHARITABLE ORGANI ZATIONS
480-THAT I HAVE SPECIFIED IN THE SECT ION ABOVE;
453+(CAUTION: GRANTING ANY OF THE F OLLOWING WILL GIVE Y OUR AGENT THE 15
454+AUTHORITY TO TAKE AC TIONS THAT COULD SIGNIFICA NTLY REDUCE YOUR 16
455+PROPERTY OR CHANGE H OW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH.) 17
481456
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 GIFT , IN AN AMOUNT NOT TO EXCEED
486-THE AGGREGATE ANNUAL GIFT TAX EXCLUSION F OR BOTH SPOUSES ;
457+ A. GIFTS OR TRANSFERS – ONLY IF I HAVE INITIALED BELOW, MY 18
458+AGENT MAY MAKE GIFTS OR TRANSFER OWNERSHI P OF MY ASSETS OUTRI GHT OR IN 19
459+TRUST TO OR FOR THE BENEFIT OF ONE OR MO RE OF THE FOLLOWING PERSONS AND 20
460+ONLY IN THE AMOUNTS SPECIFICALLY AUTHORI ZED IN THE NEXT SECT ION: 21
487461
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 MA DE IN A MANNER CONSI STENT WITH MY EXISTI NG ESTATE
491-PLAN, IF ANY, AND IN ACCORDANCE WI TH STATE LAW.
462+ (___) MY AGENT, SUBJECT TO THE FOLLO WING CONDITIONS , IF ANY: 22
463+ _________________________________________________________ 23
464+ _________________________________________________________ 24
492465
493- SPECIAL INSTRUCTIONS FOR GIFTING DESIRES – YOU MAY GIVE SPECIAL
494-INSTRUCTIONS FOR GIF TING DESIRES ON THE FOLLOWING LINES :
466+ (___) MY SPOUSE 25
467+
468+ (___) MY PARENTS 26
469+
470+ (___) MY GRANDPARENTS 27
471+
472+ (___) MY CHILDREN AND THEIR DESCENDANTS 28
473+
474+ (___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER 29
475+CONSISTENT WITH MY P REVIOUS GIVING HISTORY 30
476+ SENATE BILL 851 11
477+
478+
479+ (___) THE PEOPLE AND CHARIT ABLE ORGANIZATIONS , IF ANY, NAMED 1
480+IN MY ESTATE PLAN AN D IN ACCORDANCE WITH THE TERMS OF MY ESTA TE PLAN 2
481+THAT ARE IN EXISTENC E AT THE TIME THE GI FT IS MADE 3
482+
483+ (___) MY INTESTATE HEIRS WH O WOULD RECEIVE MY E STATE UNDER 4
484+MARYLAND LAW IF I DIED A RESIDENT OF MARYLAND WITHOUT A WI LL 5
485+
486+ (___) ONE OR MORE OF THE FO LLOWING PERSONS : 6
487+ _________________________________________________________ 7
488+ _________________________________________________________ 8
489+
490+ MY AGENT IS AUTHORIZE D TO MAKE GIFTS UNDE R THIS SECTION IN TH E 9
491+FOLLOWING AMOUNTS ONLY IF I HAVE INITIALED BELOW: 10
492+
493+ (___) IN AN AMOUNT NOT TO E XCEED $_____ PER PERSON EACH 11
494+CALENDAR YEAR TO THE PERSONS, NONPROFITS, OR CHARITABLE ORGANI ZATIONS 12
495+THAT I HAVE SPECIFIED IN TH E SECTION ABOVE ; 13
496+
497+ (___) IN AN AMOUNT FOR EACH PERSON I HAVE SPECIFIED IN TH E 14
498+SECTION ABOVE NOT TO EXCEED THE ANNUAL DOLLAR LIM ITS OF THE FEDERAL 15
499+GIFT TAX EXCLUSION U NDER § 2503(B) OF THE INTERNAL REVENUE CODE, OR IF 16
500+MY SPOUSE AGREES TO CONSENT TO A SPLIT G IFT, IN AN AMOUNT NOT TO EXCEED 17
501+THE AGGREGATE ANNUAL GIFT TAX EXCLUSION F OR BOTH SPOUSES ; 18
502+
503+ (___) IN AN UNLIMITED AMOUNT , FOR THE PURPOSE OF E STATE 19
504+PLANNING OR QUALIFYI NG ME FOR A GOVERNME NTAL BENEFIT OR PROG RAM, WITH 20
505+SUCH GIFTS TO BE MAD E IN A MANNER CONSIS TENT WITH MY EXISTIN G ESTATE 21
506+PLAN, IF ANY, AND IN ACCORDANCE WI TH STATE LAW. 22
507+
508+ SPECIAL INSTRUCTIONS FOR GIFTING DESIRES – YOU MAY GIVE SPECIAL 23
509+INSTRUCTIONS FOR GIF TING DESIRES ON THE FOLLOWING LINES : 24
510+________________________________________________________________________________ 25
511+________________________________________________________________________________ 26
512+________________________________________________________________________________ 27
513+
514+ B. JOINT ACCOUNTS AND BE NEFICIARY DESIGNATIO NS – I AUTHORIZE MY 28
515+AGENT TO DO ONE OR M ORE OF THE FOLLOWING ONLY IF I HAVE INITIALED 29
516+BELOW: 30
517+
518+ (____) OPEN A JOINT AC COUNT WITH ME AND ON E OR MORE OTHER 31
519+PERSONS AS ACCOUNT O WNERS. EACH OWNER OF A JOINT ACCOUNT HAS FULL 32
520+LEGAL AUTHORITY TO U SE THE ACCOUNT FOR T HEIR OWN BENEFIT AND ON MY 33
521+DEATH WILL BECOME TH E PROPERTY OF THE OT HER OWNER(S). 34
522+ 12 SENATE BILL 851
523+
524+
525+ (____) CREATE OR CHANGE RIGH TS OF SURVIVORSHIP IN A CCOUNTS OR 1
526+OTHER ASSETS IN WHIC H I HAVE AN INTEREST , INCLUDING FOR THE BE NEFIT OF MY 2
527+AGENT, TO CHANGE A BENEFICI ARY DESIGNATION FOR ANY ACCOUNTS OR 3
528+FINANCIAL INSTRUMENT S, INCLUDING LIFE INSUR ANCE POLICIES, ANNUITIES, OR 4
529+RETIREMENT ACCO UNTS OF ANY NATURE ; AND TO WAIVE MY RIGH T TO BE A 5
530+BENEFICIARY OF A JOI NT AND SURVIVOR ANNU ITY, INCLUDING A SURVIVOR 6
531+BENEFIT UNDER A RETI REMENT PLAN OF ANY N ATURE. IN DETERMINING SUCH 7
532+RIGHTS OR BENEFICIAR Y INTERESTS , MY AGENT SHALL CONSI DER TAXES , 8
533+PRESERVAT ION OF GOVERNMENTAL BENEFITS OR PROGRAMS , OR STATED 9
534+INTENTIONS REGARDING MY ESTATE. 10
535+
536+DISCLAIMERS 11
537+
538+FOR THE PURPOSES OF T AX PLANNING OR EFFEC TUATING STATED INTEN TIONS 12
539+REGARDING MY ESTATE , I AUTHORIZE MY AGENT T O DISCLAIM ANY INTER EST IN 13
540+PROPERTY I MIGHT OTHERWISE RECEIVE , EITHER OUTRIGHT OR I N TRUST, 14
541+INCLUDING FOR THE BE NEFIT OF MY AGENT ; ANY POWERS I HAVE OVER PROPERTY 15
542+OR AS A BENEFICIARY OF ANY TRUSTS (EXCLUDING ANY POWERS I POSSESS IN A 16
543+FIDUCIARY CAPACITY ); AND ANY POWERS OF AP POINTMENT I HAVE OR MAY 17
544+ACQUIRE EXCLUDING ANY TESTAMENTARY POWER O F APPOINTMENT THAT I 18
545+CURRENTLY EXERCISE I N MY LAST WILL AND T ESTAMENT. 19
546+
547+SPECIAL INSTRUCTIONS (OPTIONAL) 20
548+
549+YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES: 21
550+
551+___________________________________________________________________________________ 22
552+___________________________________________________________________________________ 23
553+___________________________________________________________________________________ 24
554+___________________________________________________________________________________ 25
555+___________________________________________________________________________________ 26
556+___________________________________________________________________________________ 27
557+___________________________________________________________________________________ 28
558+___________________________________________ 29
559+
560+EFFECTIVE DATE 30
561+
562+This power of attorney is effective immediately unless I have stated otherwise in the Special 31
563+Instructions. 32
564+
565+TERMINATION DATE (OPTIONAL) 33
566+
567+ONLY IF I HAVE SPECIFIED A TER MINATION DATE BELOW , THIS POWER OF 34
568+ATTORNEY IS DURABLE, MEANING IT SHALL CON TINUE IN FULL FORCE AND 35
569+EFFECT FOR AN INDEFI NITE PERIOD OF TIME UNTIL MY REVOCATION OF THIS 36 SENATE BILL 851 13
570+
571+
572+POWER OF ATTORNEY OR MY DEATH, WHICHEVE R OCCURS FIRST . I RESERVE THE 1
573+RIGHT TO REVOKE THIS POWER OF ATTORNEY . THIS POWER OF ATTORNE Y SHALL 2
574+NOT TERMINATE UPON M Y DISABILITY. ALL AUTHORITY OF MY A GENT(S) SHALL 3
575+CONTINUE EVEN IF I BECOME DISABLED , INCOMPETENT , OR INCAPACITATED . 4
576+
577+This power of attorney shall terminate on ______________________________, 20____. 5
578+ (Use a specific calendar date) 6
579+
580+COPIES 7
581+
582+A COPY OF THIS DOCUMEN T SHALL HAVE THE SAM E FORCE AND EFFECT A S THE 8
583+ORIGINAL UNLESS PROV IDED OTHERWISE IN SP ECIAL INSTRUCTIONS . 9
584+
585+REVOCATION 10
586+
587+I HEREBY REVOKE ALL OTHER POW ERS OF ATTORNEY THAT I HAVE PREVIOUSLY 11
588+EXECUTED. THIS SECTION DOES NOT APPLY TO POWERS OF A TTORNEY EXECUTED 12
589+ON THE SAME DATE AS THIS POWER OF ATTORN EY OR TO LIMITED POW ERS OF 13
590+ATTORNEY THAT APPLY TO SPECIFIC ACCOUNTS OR TO SPECIFIC PROPE RTY. 14
591+
592+RELIANCE BY THIRD PARTIES 15
593+
594+ANYONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE ENTITLED 16
595+TO PRESUME CONCLUSIV ELY THAT IT IS IN FULL FORCE AND EFFECT UNLESS I HAVE 17
596+GIVEN WRITTEN NOTICE TO THAT PERSON OR EN TITY THAT THIS POWER HAS BEEN 18
597+REVOKED. NO ONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE 19
598+REQUIRED TO SEE TO T HE APPLICATION AND D ISPOSITION OF ANY FU NDS OR OTHER 20
599+PROPERTY PAID TO OR DELIVERED TO MY AGEN T OR ANY PERSONS APP OINTED BY 21
600+MY AGENT. I AUTHORIZE MY AGENT T O SEEK DAMAGES A GAINST ANYONE WHO 22
601+REFUSED TO HONOR THI S POWER OF ATTORNEY WITHOUT HAVING RECEI VED 23
602+NOTICE THAT IT HAS B EEN REVOKED . 24
603+
604+NOMINATION OF GUARDIAN (OPTIONAL) 25
605+
606+If it becomes necessary for a court to appoint a guardian of my property or guardian of my 26
607+person, I nominate the following person(s) for appointment: 27
608+
609+Name of nominee for guardian of my property: __________________________________ 28
610+Nominee’s address: ___________________________________________________________ 29
611+Nominee’s telephone number: _________________________________________________ 30
612+Name of nominee for guardian of my person: ____________________________________ 31
613+Nominee’s address: ___________________________________________________________ 32
614+Nominee’s telephone number: _________________________________________________ 33
615+
616+DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE 34 14 SENATE BILL 851
617+
618+
619+(OPTIONAL) 1
620+
621+If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I 2
622+designate the following person as my agent for purposes of making the election to take an 3
623+elective share of an estate subject to election under § 3–403 of the Estates and Trusts 4
624+Article: 5
625+
626+Name of designated agent: _____________________________________________________ 6
627+Designated agent’s address: ____________________________________________________ 7
628+Designated agent’s telephone number: __________________________________________ 8
629+
630+SIGNATURE AND ACKNOWLEDGMENT 9
631+
632+________________________________________ __________________________ 10
633+Your Signature Date 11
634+
635+______________________________________________________________________________ 12
636+Your Name Printed 13
637+
638+___________________________________________________________________________________ 14
639+___________________________________________________________________________________ 15
640+Your Address 16
641+
642+______________________________________________________________________________ 17
643+Your Telephone Number 18
644+
645+STATE OF MARYLAND 19
646+(COUNTY) OF _______________________________________________________________ 20
647+
648+This document was acknowledged before me on 21
649+
650+__________________________ 22
651+(Date) 23
652+
653+By ______________________________________ to be his/her act. 24
654+ (Name of Principal) 25
655+
656+____________________________________________ (SEAL, IF ANY) 26
657+Signature of Notary 27
658+
659+My commission expires: _____________________ 28
660+
661+WITNESS ATTESTATION 29
662+
663+The foregoing power of attorney was, on the date written above, published and declared by 30
664+
665+____________________________________________ 31 SENATE BILL 851 15
666+
667+
668+(Name of Principal) 1
669+
670+in our presence to be his/her power of attorney. We, in his/her presence and at his/her 2
671+request, and in the presence of each other, have attested to the same and have signed our 3
672+names as attesting witnesses. 4
673+
674+____________________________________________ 5
675+Witness #1 Signature 6
676+____________________________________________ 7
677+Witness #1 Name Printed 8
678+____________________________________________ 9
679+____________________________________________ 10
680+Witness #1 Address 11
681+____________________________________________ 12
682+Witness #1 Telephone Number 13
683+
684+____________________________________________ 14
685+Witness #2 Signature 15
686+____________________________________________ 16
687+Witness #2 Name Printed 17
688+____________________________________________ 18
689+____________________________________________ 19
690+Witness #2 Address 20
691+____________________________________________ 21
692+Witness #2 Telephone Number” 22
693+
694+17–203. 23
695+
696+“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY 24
697+
698+PLEASE READ CAREFULLY 25
699+
700+This power of attorney authorizes another person (your agent) to make decisions concerning 26
701+your property for you (the principal). You need not give to your agent all the authorities 27
702+listed below and may give the agent only those limited powers that you specifically indicate. 28
703+This power of attorney gives your agent the right to make limited decisions for you. You 29
704+should very carefully weigh your decision as to what powers you give your agent. Your 30
705+agent will be able to make decisions and act with respect to your property (including your 31
706+money) whether or not you are able to act for yourself. 32
707+
708+If you choose to make a grant of limited authority, you should check the boxes that identify 33
709+the specific authorization you choose to give your agent. 34
710+
711+This power of attorney does not authorize the agent to make health care decisions for you. 35
712+
713+You should select someone you trust to serve as your agent. Unless you specify otherwise, 36
714+generally the agent’s authority will continue until you die or revoke the power of attorney 37 16 SENATE BILL 851
715+
716+
717+or the agent resigns or is unable to act for you. 1
718+
719+Your agent is not entitled to compensation unless you indicate otherwise in the special 2
720+instructions of this power of attorney. If you indicate that your agent is to receive 3
721+compensation, your agent is entitled to reasonable compensation or compensation as 4
722+specified in the Special Instructions. 5
723+
724+This form provides for designation of one agent. If you wish to name more than one agent 6
725+you may name a coagent in the Special Instructions. Coagents are required to act together 7
726+unanimously unless you specify otherwise in the Special Instructions. 8
727+
728+If your agent is unavailable or unwilling to act for you, your power of attorney will end 9
729+unless you have named a successor agent. You may also name a second successor agent. 10
730+
731+This power of attorney becomes effective immediately unless you state otherwise in the 11
732+Special Instructions. 12
733+
734+If you have questions about the power of attorney or the authority you are granting to your 13
735+agent, you should seek legal advice before signing this form. 14
736+
737+DESIGNATION OF AGENT 15
738+
739+This section of the form provides for designation of one agent. 16
740+
741+If you wish to name coagents, skip this section and use the next section (“Designation of 17
742+Coagents”). 18
743+
744+I, ___________________________________________________, name the following person 19
745+ (Name of Principal) 20
746+as my agent: 21
747+
748+Name of 22
749+Agent: _______________________________________________________________________ 23
750+Agent’s 24
751+Address: _____________________________________________________________________ 25
752+Agent’s Telephone 26
753+Number: _____________________________________________________________________ 27
754+
755+DESIGNATION OF COAGENTS (OPTIONAL) 28
756+
757+This section of the form provides for designation of two or more coagents. Coagents are 29
758+required to act together unanimously unless you otherwise provide in this form. 30
759+
760+I, ___________________________________________________________________________, 31
761+
762+(Name of Principal) 32
763+ SENATE BILL 851 17
764+
765+
766+Name the following persons as coagents: 1
767+
768+Name of Coagent: ____________________________________________________________ 2
769+
770+Coagent’s Address: ___________________________________________________________ 3
771+
772+Coagent’s Telephone Number: _________________________________________________ 4
773+
774+Name of Coagent: ____________________________________________________________ 5
775+
776+Coagent’s Address: ___________________________________________________________ 6
777+
778+Coagent’s Telephone Number: _________________________________________________ 7
779+
780+Special Instructions Regarding Coagents: ____________________________________________ 8
781+___________________________________________________________________________________ 9
782+___________________________________________________________________________________ 10
783+___________________________________________________________________________________ 11
784+
785+DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 12
786+
787+If my agent is unable or unwilling to act for me, I name as my successor agent: 13
788+
789+Name of Successor Agent: _____________________________________________________ 14
790+Successor Agent’s 15
791+Address: _____________________________________________________________________ 16
792+Successor Agent’s Telephone Number: __________________________________________ 17
793+
794+If my successor agent is unable or unwilling to act for me, I name as my second successor 18
795+agent: 19
796+
797+Name of Second Successor 20
798+Agent: _______________________________________________________________________ 21
799+Second Successor Agent’s 22
800+Address: _____________________________________________________________________ 23
801+Second Successor Agent’s Telephone Number: ___________________________________ 24
802+
803+GRANT OF GENERAL AUTHORITY 25
804+
805+I (“the principal”) grant my agent and any successor agent, with respect to each subject 26
806+that I choose below, the authority to do all acts that I could do to: 27
807+
808+ (1) Demand, receive, and obtain by litigation or otherwise, money or 28
809+another thing of value to which the principal is, may become, or claims to be entitled, and 29
810+conserve, invest, disburse, or use anything so received or obtained for the purposes 30
811+intended; 31
812+ 18 SENATE BILL 851
813+
814+
815+ (2) Contract with another person, on terms agreeable to the agent, to 1
816+accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 2
817+restate, release, or modify the contract or another contract made by or on behalf of the 3
818+principal; 4
819+
820+ (3) Execute, acknowledge, seal, deliver, file, or record any instrument or 5
821+communication the agent considers desirable to accomplish a purpose of a transaction, 6
822+including creating a schedule contemporaneously or at a later time listing some or all of the 7
823+principal’s property and attaching the schedule to this power of attorney; 8
824+
825+ (4) Initiate, participate in, submit to alternative dispute resolution, settle, 9
826+oppose, or propose or accept a compromise with respect to a claim existing in favor of or 10
827+against the principal or intervene in litigation relating to the claim; 11
828+
829+ (5) Seek on the principal’s behalf the assistance of a court or other 12
830+governmental agency to carry out an act authorized in this power of attorney; 13
831+
832+ (6) Engage, compensate, and dischar ge an attorney, accountant, 14
833+discretionary investment manager, expert witness, or other advisor; 15
834+
835+ (7) Prepare, execute, and file a record, report, or other document to 16
836+safeguard or promote the principal’s interest under a statute or regulation; 17
837+
838+ (8) Communicate with representatives or employees of a government or 18
839+governmental subdivision, agency, or instrumentality, on behalf of the principal; 19
840+
841+ (9) Access communications intended for, and communicate on behalf of the 20
842+principal, whether by mail, electronic transmission, telephone, or other means; and 21
843+
844+ (10) Do lawful acts with respect to the subject and all property related to the 22
845+subject. 23
846+
847+(INITIAL each authority in any subject you want to include in the agent’s general 24
848+authority. Cross through each authority in any subject that you want to exclude. If you 25
849+wish to grant general authority over an entire subject, you may initial “All of the above” 26
850+instead of initialing each authority.) 27
851+
852+SUBJECTS AND AUTHORITY 28
853+
854+ A. Real Property – With respect to this category, I authorize my agent to: 29
855+
856+ (___) Demand, buy, lease, receive, accept as a gift or as security for an 30
857+extension of credit, or otherwise acquire or reject an interest in real property or a right 31
858+incident to real property 32
859+
860+ (___) Sell, exchange, convey with or without covenants, representations, or 33
861+warranties, quitclaim, release, surrender, retain title for security, encumber, partition, 34 SENATE BILL 851 19
862+
863+
864+consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or 1
865+other governmental permits, plat or consent to platting, develop, grant an option 2
866+concerning, lease, sublease, contribute to an entity in exchange for an interest in that 3
867+entity, or otherwise grant or dispose of an interest in real property or a right incident to 4
868+real property 5
869+
870+ (___) Pledge or mortgage an interest in real property or right incident to real 6
871+property as security to borrow money or pay, renew, or extend the time of payment of a 7
872+debt of the principal or a debt guaranteed by the principal, including a reverse mortgage 8
873+
874+ (___) Release, assign, satisfy, or enforce by litigation or otherwise a 9
875+mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real 10
876+property that exists or is asserted 11
877+
878+ (___) Manage or conserve an interest in real property or a right incident to 12
879+real property owned or claimed to be owned by the principal, including: 13
880+
881+ (1) Insuring against liability or casualty or other loss; 14
882+
883+ (2) Obtaining or regaining possession of or protecting the interest or 15
884+right by litigation or otherwise; 16
885+
886+ (3) Paying, assessing, compromising, or contesting taxes or 17
887+assessments or applying for and receiving refunds in connection with them; and 18
888+
889+ (4) Purchasing supplies, hiring assistance or labor, and making 19
890+repairs or alterations to the real property 20
891+
892+ (___) Use, develop, alter, replace, remove, erect, or install structures or other 21
893+improvements on real property in or incident to which the principal has, or claims to have, 22
894+an interest or right 23
895+
896+ (___) Participate in a reorganization with respect to real property or an entity 24
897+that owns an interest in or a right incident to real property and receive, hold, and act with 25
898+respect to stocks and bonds or other property received in a plan of reorganization, including: 26
899+
900+ (1) Selling or otherwise disposing of the stocks and bonds or other 27
901+property; 28
902+
903+ (2) Exercising or selling an option, a right of conversion, or a similar 29
904+right with respect to the stocks and bonds or other property; and 30
905+
906+ (3) Exercising voting rights in person or by proxy 31
907+
908+ (___) Change the form of title of an interest in or a right incident to real 32
909+property 33
910+ 20 SENATE BILL 851
911+
912+
913+ (___) Dedicate to public use, with or without consideration, easements or 1
914+other real property in which the principal has, or claims to have, an interest 2
915+
916+ (___) All of the above 3
917+
918+ B. Tangible Personal Property – With respect to this subject, I authorize my 4
919+agent to: 5
920+
921+ (___) Demand, buy, receive, accept as a gift or as security for an extension of 6
922+credit, or otherwise acquire or reject ownership or possession of tangible personal property 7
923+or an interest in tangible personal property 8
924+
925+ (___) Sell, exchange, convey with or without covenants, representations, or 9
926+warranties, quitclaim, release, surrender, create a security interest in, grant options 10
927+concerning, lease, sublease, or otherwise dispose of tangible personal property or an 11
928+interest in tangible personal property 12
929+
930+ (___) Grant a security interest in tangible personal property or an interest in 13
931+tangible personal property as security to borrow money or pay, renew, or extend the time 14
932+of payment of a debt of the principal or a debt guaranteed by the principal 15
933+
934+ (___) Release, assign, satisfy, or enforce by litigation or otherwise, a security 16
935+interest, lien, or other claim on behalf of the principal, with respect to tangible personal 17
936+property or an interest in tangible personal property 18
937+
938+ (___) Manage or conserve tangible personal property or an interest in 19
939+tangible personal property on behalf of the principal, including: 20
940+
941+ (1) Insuring against liability or casualty or other loss; 21
942+
943+ (2) Obtaining or regaining possession of or protecting the property 22
944+or interest, by litigation or otherwise; 23
945+
946+ (3) Paying, assessing, compromising, or contesting taxes or 24
947+assessments or applying for and receiving refunds in connection with taxes or assessments; 25
948+
949+ (4) Moving the property from place to place; 26
950+
951+ (5) Storing the property for hire or on a gratuitous bailment; and 27
952+
953+ (6) Using and making repairs, alterations, or improvements to the 28
954+property 29
955+
956+ (___) Change the form of title of an interest in tangible personal property 30
957+
958+ (___) All of the above 31
959+ SENATE BILL 851 21
960+
961+
962+ C. Stocks and Bonds – With respect to this subject, I authorize my agent to: 1
963+
964+ (___) Buy, sell, and exchange stocks and bonds 2
965+
966+ (___) Establish, continue, modify, or terminate an account with respect to 3
967+stocks and bonds 4
968+
969+ (___) Pledge stocks and bonds as security to borrow, pay, renew, or extend 5
970+the time of payment of a debt of the principal 6
971+
972+ (___) Receive certificates and other evidences of ownership with respect to 7
973+stocks and bonds 8
974+
975+ (___) Exercise voting rights with respect to stocks and bonds in person or by 9
976+proxy, enter into voting trusts, and consent to limitations on the right to vote 10
977+
978+ (___) All of the above 11
979+
980+ D. Commodities – With respect to this subject, I authorize my agent to: 12
981+
982+ (___) Buy, sell, exchange, assign, settle, and exercise commodity futures 13
983+contracts and call or put options on stocks or stock indexes traded on a regulated option 14
984+exchange 15
985+
986+ (___) Establish, continue, modify, and terminate option accounts 16
987+
988+ (___) All of the above 17
989+
990+ E. Banks and Other Financial Institutions – With respect to this subject, I 18
991+authorize my agent to: 19
992+
993+ (___) Continue, modify, transact all business in connection with, and 20
994+terminate an account or other banking arrangement made by or on behalf of the principal 21
995+
996+ (___) Establish, modify, transact all business in connection with, and 22
997+terminate an account or other banking arrangement with a bank, trust company, savings 23
998+and loan association, credit union, thrift company, brokerage firm, or other financial 24
999+institution selected by the agent 25
1000+
1001+ (___) Contract for services available from a financial institution, including 26
1002+renting a safe deposit box or space in a vault 27
1003+
1004+ (___) Deposit by check, money order, electronic funds transfer, or otherwise 28
1005+with, or leave in the custody of, a financial institution money or property of the principal 29
1006+
1007+ (___) Withdraw, by check, money order, electronic funds transfer, or 30
1008+otherwise, money or property of the principal deposited with or left in the custody of a 31 22 SENATE BILL 851
1009+
1010+
1011+financial institution 1
1012+
1013+ (___) Receive statements of account, vouchers, notices, and similar 2
1014+documents from a financial institution and act with respect to them 3
1015+
1016+ (___) Enter a safe deposit box or vault and withdraw or add to the contents 4
1017+
1018+ (___) Borrow money and pledge as security personal property of the principal 5
1019+necessary to borrow money or pay, renew, or extend the time of payment of a debt of the 6
1020+principal or a debt guaranteed by the principal 7
1021+
1022+ (___) Make, assign, draw, endorse, discount, guarantee, and negotiate 8
1023+promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the 9
1024+principal or payable to the principal or the principal’s order, transfer money, receive the 10
1025+cash or other proceeds of those transactions, and accept a draft drawn by a person on the 11
1026+principal and pay the draft when due 12
1027+
1028+ (___) Receive for the principal and act on a sight draft, warehouse receipt, 13
1029+other document of title whether tangible or electronic, or other negotiable or nonnegotiable 14
1030+instrument 15
1031+
1032+ (___) Apply for, receive, and use letters of credit, credit cards and debit cards, 16
1033+electronic transaction authorizations, and traveler’s checks from a financial institution and 17
1034+give an indemnity or other agreement in connection with letters of credit 18
1035+
1036+ (___) Consent to an extension of the time of payment with respect to 19
1037+commercial paper or a financial transaction with a financial institution 20
1038+
1039+ (___) All of the above 21
1040+
1041+ F. Operation of an Entity or a Business – With respect to this subject, I authorize 22
1042+my agent to: 23
1043+
1044+ (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest 24
1045+
1046+ (___) Perform a duty or discharge a liability and exercise in person or by 25
1047+proxy a right, power, privilege, or an option that the principal has, may have, or claims to 26
1048+have 27
1049+
1050+ (___) Enforce the terms of an ownership agreement 28
1051+
1052+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 29
1053+oppose, or propose or accept a compromise with respect to litigation to which the principal 30
1054+is a party because of an ownership interest 31
1055+
1056+ (___) Exercise in person or by proxy, or enforce by litigation or otherwise, a 32
1057+right, power, privilege, or an option the principal has or claims to have as the holder of 33 SENATE BILL 851 23
1058+
1059+
1060+stocks and bonds 1
1061+
1062+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 2
1063+oppose, or propose or accept a compromise with respect to litigation to which the principal 3
1064+is a party concerning stocks and bonds 4
1065+
1066+ (___) With respect to an entity or business owned solely by the principal: 5
1067+
1068+ (1) Continue, modify, renegotiate, extend, and terminate a contract 6
1069+made by or on behalf of the principal with respect to the entity or business before execution 7
1070+of this power of attorney; 8
1071+
1072+ (2) Determine: 9
1073+
1074+ (i) The location of the operation of the entity or business; 10
1075+
1076+ (ii) The nature and extent of the business of the entity or 11
1077+business; 12
1078+
1079+ (iii) The methods of manufacturing, selling, merchandising, 13
1080+financing, accounting, and advertising employed in the operation of the entity or business; 14
1081+
1082+ (iv) The amount and types of insurance carried by the entity 15
1083+or business; and 16
1084+
1085+ (v) The mode of engaging, compensating, and dealing with the 17
1086+employees and accountants, attorneys, or other advisors of the entity or business; 18
1087+
1088+ (3) Change the name or form of organization under which the entity 19
1089+or business is operated and enter into an ownership agreement with other persons to take 20
1090+over all or part of the operation of the entity or business; and 21
1091+
1092+ (4) Demand and receive money due or claimed by the principal or on 22
1093+the principal’s behalf in the operation of the entity or business and control and disburse the 23
1094+money in the operation of the entity or business 24
1095+
1096+ (___) Put additional capital into an entity or a business in which the principal 25
1097+has an interest 26
1098+
1099+ (___) Join in a plan of reorganization, consolidation, conversion, 27
1100+domestication, or merger of the entity or business 28
1101+
1102+ (___) Sell or liquidate all or part of an entity or business 29
1103+
1104+ (___) Establish the value of an entity or a business under a buyout agreement 30
1105+to which the principal is a party 31
1106+ 24 SENATE BILL 851
1107+
1108+
1109+ (___) Prepare, sign, file, and deliver reports, compilations of information, 1
1110+returns, or other papers with respect to an entity or business and make related payments 2
1111+
1112+ (___) Pay, compromise, or contest taxes, assessments, fines, or penalties and 3
1113+perform other acts to protect the principal from illegal or unnecessary taxation, 4
1114+assessments, fines, or penalties, with respect to an entity or a business, including attempts 5
1115+to recover, as permitted by law, money paid before or after the execution of this power of 6
1116+attorney 7
1117+
1118+ (___) All of the above 8
1119+
1120+ G. Insurance and Annuities – With respect to this subject, I authorize my agent 9
1121+to: 10
1122+
1123+ (___) Continue, pay the premium or make a contr ibution on, modify, 11
1124+exchange, rescind, release, or terminate a contract procured by or on behalf of the principal 12
1125+that insures or provides an annuity to either the principal or another person, whether or 13
1126+not the principal is a beneficiary under the contract 14
1127+
1128+ (___) Procure new, different, and additional contracts of insurance and 15
1129+annuities for the principal and the principal’s spouse, children, and other dependents, and 16
1130+select the amount, type of insurance or annuity, and mode of payment 17
1131+
1132+ (___) Pay the premium or make a contribution on, modify, exchange, rescind, 18
1133+release, or terminate a contract of insurance or annuity procured by the agent 19
1134+
1135+ (___) Apply for and receive a loan secured by a contract of insurance or 20
1136+annuity 21
1137+
1138+ (___) Surrender and receive the cash surrender value on a contract of 22
1139+insurance or annuity 23
1140+
1141+ (___) Exercise an election 24
1142+
1143+ (___) Exercise investment powers available under a contract of insurance or 25
1144+annuity 26
1145+
1146+ (___) Change the manner of paying premiums on a contract of insurance or 27
1147+annuity 28
1148+
1149+ (___) Change or convert the type of insurance or annuity with respect to 29
1150+which the principal has or claims to have authority described in this section 30
1151+
1152+ (___) Apply for and procure a benefit or assistance under a statute or 31
1153+regulation to guarantee or pay premiums of a contract of insurance on the life of the 32
1154+principal 33
1155+ SENATE BILL 851 25
1156+
1157+
1158+ (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest 1
1159+of the principal in a contract of insurance or annuity 2
1160+
1161+ (___) Select the form and timing of the payment of proceeds from a contract 3
1162+of insurance or annuity 4
1163+
1164+ (___) Pay, from proceeds or otherwise, compromise or contest, and apply for 5
1165+refunds in connection with a tax or assessment levied by a taxing authority with respect to 6
1166+a contract of insurance or annuity or the proceeds or liability from the contract of insurance 7
1167+or annuity accruing by reason of the tax or assessment 8
1168+
1169+ (___) All of the above 9
1170+
1171+ H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate 10
1172+estates, guardianships, conservatorships, escrows, or custodianships or funds from which 11
1173+the principal is, may become, or claims to be entitled to a share or payment) – With respect 12
1174+to this subject, I authorize my agent to: 13
1175+
1176+ (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in 14
1177+or payment from the fund described above 15
1178+
1179+ (___) Demand or obtain money or another thing of value to which the 16
1180+principal is, may become, or claims to be entitled by reason of the fund described above, by 17
1181+litigation or otherwise 18
1182+
1183+ (___) Exercise for the benefit of the principal a presently exercisable general 19
1184+power of appointment held by the principal 20
1185+
1186+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 21
1187+oppose, or propose or accept a compromise with respect to litigation to ascertain the 22
1188+meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or 23
1189+transaction affecting the interest of the principal 24
1190+
1191+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 25
1192+oppose, or propose or accept a compromise with respect to litigation to remove, substitute, 26
1193+or surcharge a fiduciary 27
1194+
1195+ (___) Conserve, invest, disburse, or use anything received for an authorized 28
1196+purpose 29
1197+
1198+ (___) Transfer an interest of the principal in real property, stocks and bonds, 30
1199+accounts with financial institutions or securities intermediaries, insurance, annuities, and 31
1200+other property to the trustee of a revocable trust created by the principal as settlor 32
1201+
1202+ (___) Reject, renounce, disclaim, release, or consent to a reduction in or 33
1203+modification of a share in or payment from the fund described above 34
1204+ 26 SENATE BILL 851
1205+
1206+
1207+ (___) Elect to take an elective share of an estate subject to election under § 1
1208+3–403 of the Estates and Trusts Article 2
1209+
1210+ (___) All of the above 3
1211+
1212+ I. Claims and Litigation – With respect to this subject, I authorize my agent to: 4
1213+
1214+ (___) Assert and maintain before a court or administrative agency a claim, 5
1215+claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an 6
1216+action to recover property or other thing of value, recover damages sustained by the 7
1217+principal, eliminate or modify tax liability, or seek an injunction, specific performance, or 8
1218+other relief 9
1219+
1220+ (___) Bring an action to determine adverse claims or intervene or otherwise 10
1221+participate in litigation 11
1222+
1223+ (___) Seek an attachment, garnishment, order of arrest, or other preliminary, 12
1224+provisional, or intermediate relief and use an available procedure to effect or satisfy a 13
1225+judgment, order, or decree 14
1226+
1227+ (___) Make or accept a tender, offer of judgment, or admission of facts, submit 15
1228+a controversy on an agreed statement of facts, consent to examination, and bind the 16
1229+principal in litigation 17
1230+
1231+ (___) Submit to alternative dispute resolution, settle, and propose or accept 18
1232+a compromise 19
1233+
1234+ (___) Waive the issuance and service of process on the principal, accept 20
1235+service of process, appear for the principal, designate persons on which process directed to 21
1236+the principal may be served, execute and file or deliver stipulations on the principal’s 22
1237+behalf, verify pleadings, seek appellate review, procure and give surety and indemnity 23
1238+bonds, contract and pay for the preparation and printing of records and briefs, receive, 24
1239+execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction 25
1240+of judgment, notice, agreement, or other instrument in connection with the prosecution, 26
1241+settlement, or defense of a claim or litigation 27
1242+
1243+ (___) Act for the principal with respect to bankruptcy or insolvency, whether 28
1244+voluntary or involuntary, concerning the principal or some other person, or with respect to 29
1245+a reorganization, receivership, or application for the appointment of a receiver or trustee 30
1246+that affects an interest of the principal in property or other thing of value 31
1247+
1248+ (___) Pay a judgment, award, or order against the principal or a settlement 32
1249+made in connection with a claim or litigation 33
1250+
1251+ (___) Receive money or other thing of value paid in settlement of or as 34
1252+proceeds of a claim or litigation 35
1253+ SENATE BILL 851 27
1254+
1255+
1256+ (___) All of the above 1
1257+
1258+ J. Personal and Family Maintenance – With respect to this subject, I authorize 2
1259+my agent to: 3
1260+
1261+ (___) Perform the acts necessary to maintain the customary standard of 4
1262+living of the principal, the principal’s spouse, and the following individuals, whether living 5
1263+when this power of attorney is executed or later born: 6
1264+
1265+ (1) The principal’s children; 7
1266+
1267+ (2) Other individuals legally entitled to be supported by the 8
1268+principal; and 9
1269+
1270+ (3) The individuals whom the principal has customarily supported 10
1271+or indicated the intent to support; 11
1272+
1273+ (___) Make periodic payments of child support and other family maintenance 12
1274+required by a court or governmental agency or an agreement to which the principal is a 13
1275+party 14
1276+
1277+ (___) Provide living quarters for the individuals described above by: 15
1278+
1279+ (1) Purchase, lease, or other contract; or 16
1280+
1281+ (2) Paying the operating costs, including interest, amortization 17
1282+payments, repairs, improvements, and taxes, for premises owned by the principal or 18
1283+occupied by those individuals 19
1284+
1285+ (___) Provide normal domestic help, usual vacations and travel expenses, and 20
1286+funds for shelter, clothing, food, appropriate education, including postsecondary and 21
1287+vocational education, and other current living costs for the individuals described above 22
1288+
1289+ (___) Pay expenses for necessary health care and custodial care on behalf of 23
1290+the individuals described above 24
1291+
1292+ (___) Act as the principal’s personal representative in accordance with the 25
1293+Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social 26
1294+Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to 27
1295+the past, present, or future payment for the provision of health care consented to by the 28
1296+principal or anyone authorized under the law of this State to consent to health care on 29
1297+behalf of the principal 30
1298+
1299+ (___) Continue provisions made by the principal for automobiles or other 31
1300+means of transportation, including registering, licensing, insuring, and replacing the 32
1301+means of transportation, for the individuals described above 33
1302+ 28 SENATE BILL 851
1303+
1304+
1305+ (___) Maintain credit and debit accounts for the convenience of the 1
1306+individuals described above and open new accounts 2
1307+
1308+ (___) Continue payments incidental to the membership or affiliation of the 3
1309+principal in a religious institution, club, society, order, or other organization or to continue 4
1310+contributions to those organizations 5
1311+
1312+ (NOTE: Authority with respect to personal and family maintenance is neither 6
1313+dependent on, nor limited by, authority that an agent may or may not have with respect to 7
1314+gifts under this power of attorney.) 8
1315+
1316+ (___) All of the above 9
1317+
1318+ K. Benefits from Governmental Programs or Civil or Military Service (including 10
1319+any benefit, program, or assistance provided under a statute or regulation including Social 11
1320+Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: 12
1321+
1322+ (___) Execute vouchers in the name of the principal for allowances and 13
1323+reimbursements payable by the United States or a foreign government or by a state or 14
1324+subdivision of a state to the principal, including allowances and reimbursements for 15
1325+transportation of the individuals described in “J. Personal and Family Maintenance” above, 16
1326+and for shipment of the household effects of those individuals 17
1327+
1328+ (___) Take possession and order the removal and shipment of property of the 18
1329+principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, 19
1330+either governmental or private, and execute and deliver a release, voucher, receipt, bill of 20
1331+lading, shipping ticket, certificate, or other instrument for that purpose 21
1332+
1333+ (___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO 22
1334+QUALIFY FOR A GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING 23
1335+PERSONAL AND FINANCI AL RECORDS AND , TO THE EXTENT SP ECIFICALLY 24
1336+AUTHORIZED BELOW , TO TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY 25
1337+
1338+ (___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the 26
1339+principal’s behalf, a GOVERNMENTAL benefit or program 27
1340+
1341+ (___) Prepare, file, and maintain a claim of the principal for a benefit or 28
1342+assistance, financial or otherwise, to which the principal may be entitled under a statute 29
1343+or regulation 30
1344+
1345+ (___) Initiate, participate in, submit to alternative dispute resolution, settle, 31
1346+oppose, or propose or accept a compromise with respect to litigation concerning a benefit or 32
1347+assistance the principal may be entitled to receive under a statute or regulation 33
1348+
1349+ (___) Receive the financial proceeds of a claim described above and conserve, 34
1350+invest, disburse, or use for a lawful purpose anything so received 35
1351+ SENATE BILL 851 29
1352+
1353+
1354+ (___) All of the above 1
1355+
1356+ L. Retirement Plans (including a plan or account created by an employer, the 2
1357+principal, or another individual to provide retirement benefits or deferred compensation of 3
1358+which the principal is a participant, beneficiary, or owner, including a plan or account 4
1359+under the following sections of the Internal Revenue Code: 5
1360+
1361+ (1) An individual retirement account under Internal Revenue Code Section 6
1362+408, 26 U.S.C. § 408; 7
1363+
1364+ (2) A Roth individual retirement account under Internal Revenue Code 8
1365+Section 408A, 26 U.S.C. § 408A; 9
1366+
1367+ (3) A deemed individual retirement account under Internal Revenue Code 10
1368+Section 408(q), 26 U.S.C. § 408(q); 11
1369+
1370+ (4) An annuity or mutual fund custodial account under Internal Revenue 12
1371+Code Section 403(b), 26 U.S.C. § 403(b); 13
1372+
1373+ (5) A pension, profit–sharing, stock bonus, or other retirement plan 14
1374+qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a); 15
1375+
1376+ (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); 16
1377+and 17
1378+
1379+ (7) A nonqualified deferred compensation plan under Internal Revenue 18
1380+Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent 19
1381+to: 20
1382+
1383+ (___) Select the form and timing of payments under a retirement plan and 21
1384+withdraw benefits from a plan 22
1385+
1386+ (___) Make a rollover, including a direct trustee–to–trustee rollover, of 23
1387+benefits from one retirement plan to another 24
1388+
1389+ (___) Establish a retirement plan in the principal’s name 25
1390+
1391+ (___) Make contributions to a retirement plan 26
1392+
1393+ (___) Exercise investment powers available under a retirement plan 27
1394+
1395+ (___) Borrow from, sell assets to, or purchase assets from a retirement plan 28
1396+
1397+ (___) All of the above 29
1398+
1399+ M. Taxes – With respect to this subject, I authorize my agent to: 30
1400+ 30 SENATE BILL 851
1401+
1402+
1403+ (___) Prepare, sign, and file federal, state, local, and foreign income, gift, 1
1404+payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for 2
1405+refunds, requests for extension of time, petitions regarding tax matters, and other 3
1406+tax–related documents, including receipts, offers, waivers, consents, including consents 4
1407+and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing 5
1408+agreements, and other powers of attorney required by the Internal Revenue Service or other 6
1409+taxing authority with respect to a tax year on which the statute of limitations has not run 7
1410+and the following 25 tax years 8
1411+
1412+ (___) Pay taxes due, collect refunds, post bonds, receive confidential 9
1413+information, and contest deficiencies determined by the Internal Revenue Service or other 10
1414+taxing authority 11
1415+
1416+ (___) Exercise elections available to the principal under federal, state, local, 12
1417+or foreign tax law 13
1418+
1419+ (___) Act for the principal in all tax matters for all periods before the Internal 14
1420+Revenue Service, or other taxing authority 15
1421+
1422+ (___) All of the above 16
1423+
1424+ N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS 17
1425+SUBJECT, I AUTHORIZE MY AGENT T O: 18
1426+
1427+ (___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND 19
1428+FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under 20
1429+the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as 21
1430+defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account 22
1431+as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect 23
1432+to this subject, I authorize my agent to: 24
1433+
1434+ (___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL 25
1435+NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL 26
1436+SECURITY ACT, of part or all of the principal’s property, including by the exercise of a 27
1437+presently exercisable general power of appointment held by the principal, in an amount for 28
1438+each donee not to exceed the annual dollar limits of the federal gift tax exclusion under 29
1439+Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the 30
1440+federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to 31
1441+a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount 32
1442+for each donee not to exceed twice the annual federal gift tax exclusion limit 33
1443+
1444+ (___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 34
1445+2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee 35
1446+not to exceed the aggregate annual gift tax exclusions for both spouses 36
1447+
1448+ (NOTE: An agent may only make a gift of the principal’s property as the agent 37 SENATE BILL 851 31
1449+
1450+
1451+determines is consistent with the principal’s objectives if actually known by the agent and, 1
1452+if unknown, as the agent determines is consistent with the principal’s best interest based 2
1453+on all relevant factors, including: 3
1454+
1455+ (1) The value and nature of the principal’s property; 4
1456+
1457+ (2) The principal’s foreseeable obligations and need for maintenance; 5
1458+
1459+ (3) Minimization of taxes, including income, estate, inheritance, 6
1460+generation–skipping transfer, and gift taxes; 7
1461+
1462+ (4) Eligibility for a benefit, a program, or assistance under a statute or 8
1463+regulation; and 9
1464+
1465+ (5) The principal’s personal history of making or joining in making gifts.) 10
1466+
1467+ (___) All of the above 11
1468+
1469+GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 12
1470+
1471+[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts 13
1472+for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below: 14
1473+
1474+(Caution: Granting any of the following will give your agent the authority to take actions 15
1475+that could significantly reduce your property or change how your property is distributed at 16
1476+your death. In addition, granting your agent the authority to make gifts to, or to designate 17
1477+as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of 18
1478+the agent may constitute a taxable gift by you and may make the property subject to that 19
1479+authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you 20
1480+WANT to give your agent.) 21
1481+
1482+ (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 22
1483+POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR 23
1484+TRANSFER 24
1485+
1486+ (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS 25
1487+POWER OF ATTORNEY IN FAVOR OF MY AGENT 26
1488+
1489+ (___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an 27
1490+existing inter vivos trust if the trust expressly authorizes that action by the agent] 28
1491+INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF 29
1492+THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST, 30
1493+OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE 31
1494+INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE 32
1495+PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON 33
1496+DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL, 34 32 SENATE BILL 851
1497+
1498+
1499+TRUST, OR OTHER INSTRUMENT 1
1500+
1501+ (___) AMEND, REVOKE, OR TERMINATE AN EXIS TING INTER VIVOS TRU ST IF 2
1502+THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT 3
1503+
1504+ (___) Make a gift, subject to any special instructions in this power of attorney, 4
1505+INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN 5
1506+MEETING THE ELIGIBIL ITY REQUIREMENTS AND QUALIFYING FOR A 6
1507+GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING GIFTS TO O R IN FAVOR OF MY 7
1508+AGENT WHO IS MY SPOU SE OR DESCENDANT 8
1509+
1510+ (___) Create or change rights of survivorship 9
1511+
1512+ (___) Create or change a beneficiary designation, subject to any special instructions 10
1513+in this power of attorney; and, if I wish to authorize my agent to designate the agent, the 11
1514+agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this 12
1515+authority within the special instructions of this power of attorney or in a separate power of 13
1516+attorney 14
1517+
1518+ (___) Authorize another person to exercise the authority granted under this power 15
1519+of attorney 16
1520+
1521+ (___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, 17
1522+including a survivor benefit under a retirement plan 18
1523+
1524+ (___) Exercise fiduciary powers that the principal has authority to delegate 19
1525+
1526+ (___) Disclaim or refuse an interest in property, including a power of appointment 20
1527+
1528+ (___) In accordance with the Maryland Fiduciary Access to Digital Assets Act, 21
1529+access and take control of (1) the content of any of my electronic communications, (2) any 22
1530+catalogue of electronic communications sent or received by me, and (3) any other digital 23
1531+asset in which I have a right or interest 24
1532+
1533+ (___) Demand the delivery of the principal’s will from the custodian of the will and, 25
1534+on delivery of the principal’s will, take custody of the will subject to the requirements of 26
1535+Title 4, Subtitle 2 of the Estates and Trusts Article 27
1536+
1537+LIMITATION ON AGENT’S AUTHORI TY 28
1538+
1539+An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 29
1540+benefit the agent or a person to whom the agent owes an obligation of support unless I have 30
1541+included that authority in the Special Instructions. 31
1542+
1543+SPECIAL INSTRUCTIONS (O PTIONAL) 32
1544+ SENATE BILL 851 33
1545+
1546+
1547+You may give special instructions on the following lines: 1
1548+
1549+___________________________________________________________________________________ 2
1550+___________________________________________________________________________________ 3
1551+___________________________________________________________________________________ 4
1552+___________________________________________________________________________________ 5
1553+___________________________________________________________________________________ 6
1554+___________________________________________________________________________________ 7
1555+___________________________________________________________________________________ 8
1556+
1557+EFFECTIVE DATE 9
1558+
1559+This power of attorney is effective immediately unless I have stated otherwise in the Special 10
1560+Instructions. 11
1561+
1562+TERMINATION DATE (OPTIONAL) 12
1563+
1564+This power of attorney shall terminate on _______________________________, 20______. 13
1565+ (Use a specific calendar date) 14
1566+
1567+NOMINATION OF GUARDIAN (OPTIONAL) 15
1568+
1569+If it becomes necessary for a court to appoint a guardian of my property or guardian of my 16
1570+person, I nominate the following person(s) for appointment: 17
1571+
1572+Name of Nominee for guardian of my property: 18
1573+_____________________________________________________________________________ 19
1574+Nominee’s Address: __________________________________________________________ 20
1575+Nominee’s Telephone Number: ________________________________________________ 21
1576+
1577+Name of Nominee for guardian of my person: 22
1578+______________________________________________________________________________ 23
1579+Nominee’s Address: ___________________________________________________________ 24
1580+Nominee’s Telephone Number: _________________________________________________ 25
1581+
1582+SIGNATURE AND ACKNOWLEDGMENT 26
1583+
1584+_____________________________________________ ______________________________ 27
1585+Your Signature Date 28
1586+
1587+______________________________________________________________________________ 29
1588+Your Name Printed 30
1589+
1590+______________________________________________________________________________ 31
1591+______________________________________________________________________________ 32
1592+Your Address 33
1593+ 34 SENATE BILL 851
1594+
1595+
1596+______________________________________________________________________________ 1
1597+Your Telephone Number 2
1598+
1599+STATE OF MARYLAND 3
1600+(COUNTY) OF _______________________________________________________________ 4
1601+
1602+This document was acknowledged before me on 5
1603+______________________________________________________________________________, 6
1604+(Date) 7
1605+
1606+by ___________________________________________________________________________. 8
1607+(Name of Principal) 9
1608+
1609+__________________________________________________________________ (Seal, if any) 10
1610+Signature of Notary 11
1611+My commission expires: _______________________________________________________ 12
1612+
1613+WITNESS ATTESTATION 13
1614+
1615+The foregoing power of attorney was, on the date written above, published and declared by 14
1616+______________________________________________________________________________ 15
1617+ (Name of Principal) 16
1618+
1619+in our presence to be his/her power of attorney. We, in his/her presence and at his/her 17
1620+request, and in the presence of each other, have attested to the same and have signed our 18
1621+names as attesting witnesses. 19
1622+
1623+____________________________________________ 20
1624+Witness #1 Signature 21
1625+____________________________________________ 22
1626+Witness #1 Name Printed 23
1627+____________________________________________ 24
1628+____________________________________________ 25
1629+Witness #1 Address 26
1630+____________________________________________ 27
1631+Witness #1 Telephone Number 28
1632+
1633+____________________________________________ 29
1634+Witness #2 Signature 30
1635+____________________________________________ 31
1636+Witness #2 Name Printed 32
1637+____________________________________________ 33
1638+____________________________________________ 34
1639+Witness #2 Address 35
1640+____________________________________________ 36
1641+Witness #2 Telephone Number 37
1642+ SENATE BILL 851 35
1643+
1644+
1645+This document prepared by: 1
1646+
1647+___________________________________________________________________________________ 2
1648+_________________________________________________________________________ 3
1649+
1650+IMPORTANT INFORMATION FOR AGENT 4
1651+
1652+Agent’s Duties 5
1653+
1654+When you accept the authority granted under this power of attorney, a special legal 6
1655+relationship is created between you and the principal. This relationship imposes on you 7
1656+legal duties that continue until you resign or the power of attorney is terminated or revoked. 8
1657+You must: 9
1658+
1659+ (1) Do what you know the principal reasonably expects you to do with the 10
1660+principal’s property or, if you do not know the principal’s expectations, act in the principal’s 11
1661+best interest; 12
1662+
1663+ (2) Act with care, competence, and diligence for the best interest of the principal; 13
1664+
1665+ (3) Do nothing beyond the authority granted in this power of attorney; and 14
1666+
1667+ (4) Disclose your identity as an agent whenever you act for the principal by 15
1668+writing or printing the name of the principal and signing your own name as “agent” in the 16
1669+following manner: 17
1670+
1671+__________________________________ ______________________________________ 18
1672+ (Principal’s Name) by (Your Signature) as Agent 19
1673+
1674+Unless the Special Instructions in this power of attorney state otherwise, you must also: 20
1675+
1676+ (1) Act loyally for the principal’s benefit; 21
1677+
1678+ (2) Avoid conflicts that would impair your ability to act in the principal’s best 22
1679+interest; 23
1680+
1681+ (3) Keep a record of all receipts, disbursements, and transactions made on behalf 24
1682+of the principal; 25
1683+
1684+ (4) Cooperate with any person that has authority to make health care decisions 26
1685+for the principal to do what you know the principal reasonably expects or, if you do not 27
1686+know the principal’s expectations, to act in the principal’s best interest; and 28
1687+
1688+ (5) Attempt to preserve the principal’s estate plan if you know the plan and 29
1689+preserving the plan is consistent with the principal’s best interest. 30
1690+
1691+Termination of Agent’s Authority 31 36 SENATE BILL 851
1692+
1693+
1694+
1695+You must stop acting on behalf of the principal if you learn of any event that terminates 1
1696+this power of attorney or your authority under this power of attorney. Events that 2
1697+terminate a power of attorney or your authority to act under a power of attorney include: 3
1698+
1699+ (1) Death of the principal; 4
1700+
1701+ (2) The principal’s revocation of the power of attorney or your authority; 5
1702+
1703+ (3) The occurrence of a termination event stated in the power of attorney; 6
1704+
1705+ (4) The purpose of the power of attorney is fully accomplished; or 7
1706+
1707+ (5) If you are married to the principal, a legal action is filed with a court to end 8
1708+your marriage, or for your legal separation, unless the Special Instructions in this power of 9
1709+attorney state that such an action will not terminate your authority. 10
1710+
1711+Liability of Agent 11
1712+
1713+The meaning of the authority granted to you is defined in the Maryland Power of Attorney 12
1714+Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of 13
1715+Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority 14
1716+granted, you may be liable for any damages caused by your violation. 15
1717+
1718+If there is anything about this document or your duties that you do not understand, you 16
1719+should seek legal advice.” 17
1720+
1721+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
1722+October 1, 2023. 19
1723+
1724+
1725+
1726+
1727+Approved:
4951728 ________________________________________________________________________________
1729+ Governor.
4961730 ________________________________________________________________________________
1731+ President of the Senate.
4971732 ________________________________________________________________________________
498-
499- B. JOINT ACCOUNTS AND BE NEFICIARY DESIGNA TIONS – I AUTHORIZE MY
500-AGENT TO DO ONE OR M ORE OF THE FOLLOWING ONLY IF I HAVE INITIALED
501-BELOW:
502-
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 ACCO UNT FOR THEIR OWN BE NEFIT AND ON MY
506-DEATH WILL BECOME TH E PROPERTY OF THE OT HER OWNER(S).
507-
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 INSUR ANCE 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 R ETIREMENT PLAN OF AN Y NATURE. IN DETERMINING SUCH
515-RIGHTS OR BENEFICIAR Y INTERESTS , MY AGENT SHALL CONSI DER TAXES , Ch. 697 2023 LAWS OF MARYLAND
516-
517-– 12 –
518-PRESERVATION OF GOVE RNMENTAL BENEFITS OR PROGRAMS, OR STATED
519-INTENTIONS REGARDING MY ESTATE.
520-
521-DISCLAIMERS
522-
523-FOR THE PURPOSES OF T AX PLANNING OR EFFECTUATING STAT ED INTENTIONS
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 BENEFIC IARY 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-
532-SPECIAL INSTRUCTIONS (OPTIONAL)
533-
534-YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES:
535-
536-___________________________________________________________________________________
537-___________________________________________________________________________________
538-___________________________________________________________________________________
539-___________________________________________________________________________________
540-___________________________________________________________________________________
541-___________________________________________________________________________________
542-___________________________________________________________________________________
543-___________________________________________
544-
545-EFFECTIVE DATE
546-
547-This power of attorney is effective immediately unless I have stated otherwise in the Special
548-Instructions.
549-
550-TERMINATION DATE (OPTIONAL)
551-
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 T IME UNTIL MY REVOCAT ION 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 .
559-
560-This power of attorney shall terminate on ______________________________, 20____.
561- (Use a specific calendar date)
562- WES MOORE, Governor Ch. 697
563-
564-– 13 –
565-COPIES
566-
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 .
569-
570-REVOCATION
571-
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 ATTORNEY E XECUTED
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 PROPE RTY.
576-
577-RELIANCE BY THIRD PARTIES
578-
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 DISPOSITION OF A NY FUNDS 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 AGAIN ST ANYONE WHO
586-REFUSED TO HONOR THI S POWER OF ATTORNEY WITHOUT HAVING RECEI VED
587-NOTICE THAT IT HAS BEEN REVOKED .
588-
589-NOMINATION OF GUARDIAN (OPTIONAL)
590-
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:
593-
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: _________________________________________________
600-
601-DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE
602-(OPTIONAL)
603-
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:
608-
609-Name of designated agent: _____________________________________________________ Ch. 697 2023 LAWS OF MARYLAND
610-
611-– 14 –
612-Designated agent’s address: ____________________________________________________
613-Designated agent’s telephone number: __________________________________________
614-
615-SIGNATURE AND ACKNOWLEDGMENT
616-
617-________________________________________ __________________________
618-Your Signature Date
619-
620-______________________________________________________________________________
621-Your Name Printed
622-
623-___________________________________________________________________________________
624-___________________________________________________________________________________
625-Your Address
626-
627-______________________________________________________________________________
628-Your Telephone Number
629-
630-STATE OF MARYLAND
631-(COUNTY) OF _______________________________________________________________
632-
633-This document was acknowledged before me on
634-
635-__________________________
636-(Date)
637-
638-By ______________________________________ to be his/her act.
639- (Name of Principal)
640-
641-____________________________________________ (SEAL, IF ANY)
642-Signature of Notary
643-
644-My commission expires: _____________________
645-
646-WITNESS ATTESTATION
647-
648-The foregoing power of attorney was, on the date written above, published and declared by
649-
650-____________________________________________
651-(Name of Principal)
652-
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.
656-
657-____________________________________________ WES MOORE, Governor Ch. 697
658-
659-– 15 –
660-Witness #1 Signature
661-____________________________________________
662-Witness #1 Name Printed
663-____________________________________________
664-____________________________________________
665-Witness #1 Address
666-____________________________________________
667-Witness #1 Telephone Number
668-
669-____________________________________________
670-Witness #2 Signature
671-____________________________________________
672-Witness #2 Name Printed
673-____________________________________________
674-____________________________________________
675-Witness #2 Address
676-____________________________________________
677-Witness #2 Telephone Number”
678-
679-17–203.
680-
681-“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY
682-
683-PLEASE READ CAREFULLY
684-
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.
692-
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.
695-
696-This power of attorney does not authorize the agent to make health care decisions for you.
697-
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.
701-
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. Ch. 697 2023 LAWS OF MARYLAND
706-
707-– 16 –
708-
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.
712-
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.
715-
716-This power of attorney becomes effective immediately unless you state otherwise in the
717-Special Instructions.
718-
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-
722-DESIGNATION OF AGENT
723-
724-This section of the form provides for designation of one agent.
725-
726-If you wish to name coagents, skip this section and use the next section (“Designation of
727-Coagents”).
728-
729-I, ___________________________________________________, name the following person
730- (Name of Principal)
731-as my agent:
732-
733-Name of
734-Agent: _______________________________________________________________________
735-Agent’s
736-Address: _____________________________________________________________________
737-Agent’s Telephone
738-Number: _____________________________________________________________________
739-
740-DESIGNATION OF COAGENTS (OPTIONAL)
741-
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.
744-
745-I, ___________________________________________________________________________,
746-
747-(Name of Principal)
748-
749-Name the following persons as coagents:
750-
751-Name of Coagent: ____________________________________________________________
752-
753-Coagent’s Address: ___________________________________________________________ WES MOORE, Governor Ch. 697
754-
755-– 17 –
756-
757-Coagent’s Telephone Number: _________________________________________________
758-
759-Name of Coagent: ____________________________________________________________
760-
761-Coagent’s Address: ___________________________________________________________
762-
763-Coagent’s Telephone Number: _________________________________________________
764-
765-Special Instructions Regarding Coagents: ____________________________________________
766-___________________________________________________________________________________
767-___________________________________________________________________________________
768-___________________________________________________________________________________
769-
770-DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL )
771-
772-If my agent is unable or unwilling to act for me, I name as my successor agent:
773-
774-Name of Successor Agent: _____________________________________________________
775-Successor Agent’s
776-Address: _____________________________________________________________________
777-Successor Agent’s Telephone Number: __________________________________________
778-
779-If my successor agent is unable or unwilling to act for me, I name as my second successor
780-agent:
781-
782-Name of Second Successor
783-Agent: _______________________________________________________________________
784-Second Successor Agent’s
785-Address: _____________________________________________________________________
786-Second Successor Agent’s Telephone Number: ___________________________________
787-
788-GRANT OF GENERAL AUTHORITY
789-
790-I (“the principal”) grant my agent and any successor agent, with respect to each subject
791-that I choose below, the authority to do all acts that I could do to:
792-
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;
797-
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; Ch. 697 2023 LAWS OF MARYLAND
802-
803-– 18 –
804-
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;
809-
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;
813-
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;
816-
817- (6) Engage, compensate, and discharge an attorney, accountant,
818-discretionary investment manager, expert witness, or other advisor;
819-
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;
822-
823- (8) Communicate with representatives or employees of a government or
824-governmental subdivision, agency, or instrumentality, on behalf of the principal;
825-
826- (9) Access communications intended for, and communicate on behalf of the
827-principal, whether by mail, electronic transmission, telephone, or other means; and
828-
829- (10) Do lawful acts with respect to the subject and all property related to the
830-subject.
831-
832-(INITIAL each authority in any subject you want to include in the agent’s general
833-authority. Cross through each authority in any subject that you want to exclude. If you
834-wish to grant general authority over an entire subject, you may initial “All of the above”
835-instead of initialing each authority.)
836-
837-SUBJECTS AND AUTHORITY
838-
839- A. Real Property – With respect to this category, I authorize my agent to:
840-
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
844-
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. 697
850-
851-– 19 –
852-entity, or otherwise grant or dispose of an interest in real property or a right incident to
853-real property
854-
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
858-
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
862-
863- (___) Manage or conserve an interest in real property or a right incident to
864-real property owned or claimed to be owned by the principal, including:
865-
866- (1) Insuring against liability or casualty or other loss;
867-
868- (2) Obtaining or regaining possession of or protecting the interest or
869-right by litigation or otherwise;
870-
871- (3) Paying, assessing, compromising, or contesting taxes or
872-assessments or applying for and receiving refunds in connection with them; and
873-
874- (4) Purchasing supplies, hiring assistance or labor, and making
875-repairs or alterations to the real property
876-
877- (___) Use, develop, alter, replace, remove, erect, or install structures or other
878-improvements on real property in or incident to which the principal has, or claims to have,
879-an interest or right
880-
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:
884-
885- (1) Selling or otherwise disposing of the stocks and bonds or other
886-property;
887-
888- (2) Exercising or selling an option, a right of conversion, or a similar
889-right with respect to the stocks and bonds or other property; and
890-
891- (3) Exercising voting rights in person or by proxy
892-
893- (___) Change the form of title of an interest in or a right incident to real
894-property
895-
896- (___) Dedicate to public use, with or without consideration, easements or
897-other real property in which the principal has, or claims to have, an interest Ch. 697 2023 LAWS OF MARYLAND
898-
899-– 20 –
900-
901- (___) All of the above
902-
903- B. Tangible Personal Property – With respect to this subject, I authorize my
904-agent to:
905-
906- (___) Demand, buy, receive, accept as a gift or as security for an extension of
907-credit, or otherwise acquire or reject ownership or possession of tangible personal property
908-or an interest in tangible personal property
909-
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-
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-
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
922-
923- (___) Manage or conserve tangible personal property or an interest in
924-tangible personal property on behalf of the principal, including:
925-
926- (1) Insuring against liability or casualty or other loss;
927-
928- (2) Obtaining or regaining possession of or protecting the property
929-or interest, by litigation or otherwise;
930-
931- (3) Paying, assessing, compromising, or contesting taxes or
932-assessments or applying for and receiving refunds in connection with taxes or assessments;
933-
934- (4) Moving the property from place to place;
935-
936- (5) Storing the property for hire or on a gratuitous bailment; and
937-
938- (6) Using and making repairs, alterations, or improvements to the
939-property
940-
941- (___) Change the form of title of an interest in tangible personal property
942-
943- (___) All of the above
944-
945- C. Stocks and Bonds – With respect to this subject, I authorize my agent to: WES MOORE, Governor Ch. 697
946-
947-– 21 –
948-
949- (___) Buy, sell, and exchange stocks and bonds
950-
951- (___) Establish, continue, modify, or terminate an account with respect to
952-stocks and bonds
953-
954- (___) Pledge stocks and bonds as security to borrow, pay, renew, or extend
955-the time of payment of a debt of the principal
956-
957- (___) Receive certificates and other evidences of ownership with respect to
958-stocks and bonds
959-
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
962-
963- (___) All of the above
964-
965- D. Commodities – With respect to this subject, I authorize my agent to:
966-
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
970-
971- (___) Establish, continue, modify, and terminate option accounts
972-
973- (___) All of the above
974-
975- E. Banks and Other Financial Institutions – With respect to this subject, I
976-authorize my agent to:
977-
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
980-
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
985-
986- (___) Contract for services available from a financial institution, including
987-renting a safe deposit box or space in a vault
988-
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-
992- (___) Withdraw, by check, money order, electronic funds transfer, or
993-otherwise, money or property of the principal deposited with or left in the custody of a Ch. 697 2023 LAWS OF MARYLAND
994-
995-– 22 –
996-financial institution
997-
998- (___) Receive statements of account, vouchers, notices, and similar
999-documents from a financial institution and act with respect to them
1000-
1001- (___) Enter a safe deposit box or vault and withdraw or add to the contents
1002-
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-
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-
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
1016-
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
1020-
1021- (___) Consent to an extension of the time of payment with respect to
1022-commercial paper or a financial transaction with a financial institution
1023-
1024- (___) All of the above
1025-
1026- F. Operation of an Entity or a Business – With respect to this subject, I authorize
1027-my agent to:
1028-
1029- (___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest
1030-
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
1034-
1035- (___) Enforce the terms of an ownership agreement
1036-
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
1040-
1041- (___) Exercise in person or by proxy, or enforce by litigation or otherwise, a WES MOORE, Governor Ch. 697
1042-
1043-– 23 –
1044-right, power, privilege, or an option the principal has or claims to have as the holder of
1045-stocks and bonds
1046-
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
1050-
1051- (___) With respect to an entity or business owned solely by the principal:
1052-
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;
1056-
1057- (2) Determine:
1058-
1059- (i) The location of the operation of the entity or business;
1060-
1061- (ii) The nature and extent of the business of the entity or
1062-business;
1063-
1064- (iii) The methods of manufacturing, selling, merchandising,
1065-financing, accounting, and advertising employed in the operation of the entity or business;
1066-
1067- (iv) The amount and types of insurance carried by the entity
1068-or business; and
1069-
1070- (v) The mode of engaging, compensating, and dealing with the
1071-employees and accountants, attorneys, or other advisors of the entity or business;
1072-
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
1076-
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
1080-
1081- (___) Put additional capital into an entity or a business in which the principal
1082-has an interest
1083-
1084- (___) Join in a plan of reorganization, consolidation, conversion,
1085-domestication, or merger of the entity or business
1086-
1087- (___) Sell or liquidate all or part of an entity or business
1088-
1089- (___) Establish the value of an entity or a business under a buyout agreement Ch. 697 2023 LAWS OF MARYLAND
1090-
1091-– 24 –
1092-to which the principal is a party
1093-
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
1096-
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
1102-
1103- (___) All of the above
1104-
1105- G. Insurance and Annuities – With respect to this subject, I authorize my agent
1106-to:
1107-
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
1112-
1113- (___) Procure new, different, and additional contracts of insurance and
1114-annuities for the principal and the principal’s spouse, children, and other dependents, and
1115-select the amount, type of insurance or annuity, and mode of payment
1116-
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-
1120- (___) Apply for and receive a loan secured by a contract of insurance or
1121-annuity
1122-
1123- (___) Surrender and receive the cash surrender value on a contract of
1124-insurance or annuity
1125-
1126- (___) Exercise an election
1127-
1128- (___) Exercise investment powers available under a contract of insurance or
1129-annuity
1130-
1131- (___) Change the manner of paying premiums on a contract of insurance or
1132-annuity
1133-
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
1136-
1137- (___) Apply for and procure a benefit or assistance under a statute or WES MOORE, Governor Ch. 697
1138-
1139-– 25 –
1140-regulation to guarantee or pay premiums of a contract of insurance on the life of the
1141-principal
1142-
1143- (___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest
1144-of the principal in a contract of insurance or annuity
1145-
1146- (___) Select the form and timing of the payment of proceeds from a contract
1147-of insurance or annuity
1148-
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
1153-
1154- (___) All of the above
1155-
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:
1160-
1161- (___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in
1162-or payment from the fund described above
1163-
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
1167-
1168- (___) Exercise for the benefit of the principal a presently exercisable general
1169-power of appointment held by the principal
1170-
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-
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
1179-
1180- (___) Conserve, invest, disburse, or use anything received for an authorized
1181-purpose
1182-
1183- (___) Transfer an interest of the principal in real property, stocks and bonds,
1184-accounts with financial institutions or securities intermediaries, insurance, annuities, and
1185-other property to the trustee of a revocable trust created by the principal as settlor Ch. 697 2023 LAWS OF MARYLAND
1186-
1187-– 26 –
1188-
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
1191-
1192- (___) Elect to take an elective share of an estate subject to election under §
1193-3–403 of the Estates and Trusts Article
1194-
1195- (___) All of the above
1196-
1197- I. Claims and Litigation – With respect to this subject, I authorize my agent to:
1198-
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
1204-
1205- (___) Bring an action to determine adverse claims or intervene or otherwise
1206-participate in litigation
1207-
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
1211-
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
1215-
1216- (___) Submit to alternative dispute resolution, settle, and propose or accept
1217-a compromise
1218-
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
1227-
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
1230-a reorganization, receivership, or application for the appointment of a receiver or trustee
1231-that affects an interest of the principal in property or other thing of value
1232-
1233- (___) Pay a judgment, award, or order against the principal or a settlement WES MOORE, Governor Ch. 697
1234-
1235-– 27 –
1236-made in connection with a claim or litigation
1237-
1238- (___) Receive money or other thing of value paid in settlement of or as
1239-proceeds of a claim or litigation
1240-
1241- (___) All of the above
1242-
1243- J. Personal and Family Maintenance – With respect to this subject, I authorize
1244-my agent to:
1245-
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:
1249-
1250- (1) The principal’s children;
1251-
1252- (2) Other individuals legally entitled to be supported by the
1253-principal; and
1254-
1255- (3) The individuals whom the principal has customarily supported
1256-or indicated the intent to support;
1257-
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
1261-
1262- (___) Provide living quarters for the individuals described above by:
1263-
1264- (1) Purchase, lease, or other contract; or
1265-
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
1269-
1270- (___) Provide normal domestic help, usual vacations and travel expenses, and
1271-funds for shelter, clothing, food, appropriate education, including postsecondary and
1272-vocational education, and other current living costs for the individuals described above
1273-
1274- (___) Pay expenses for necessary health care and custodial care on behalf of
1275-the individuals described above
1276-
1277- (___) Act as the principal’s personal representative in accordance with the
1278-Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social
1279-Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to
1280-the past, present, or future payment for the provision of health care consented to by the
1281-principal or anyone authorized under the law of this State to consent to health care on Ch. 697 2023 LAWS OF MARYLAND
1282-
1283-– 28 –
1284-behalf of the principal
1285-
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
1289-
1290- (___) Maintain credit and debit accounts for the convenience of the
1291-individuals described above and open new accounts
1292-
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
1296-
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.)
1300-
1301- (___) All of the above
1302-
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:
1306-
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
1312-
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
1317-
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 SPECIF ICALLY
1321-AUTHORIZED BELOW , TO TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY
1322-
1323- (___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the
1324-principal’s behalf, a GOVERNMENTAL benefit or program
1325-
1326- (___) Prepare, file, and maintain a claim of the principal for a benefit or
1327-assistance, financial or otherwise, to which the principal may be entitled under a statute
1328-or regulation
1329- WES MOORE, Governor Ch. 697
1330-
1331-– 29 –
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-
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-
1339- (___) All of the above
1340-
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:
1345-
1346- (1) An individual retirement account under Internal Revenue Code Section
1347-408, 26 U.S.C. § 408;
1348-
1349- (2) A Roth individual retirement account under Internal Revenue Code
1350-Section 408A, 26 U.S.C. § 408A;
1351-
1352- (3) A deemed individual retirement account under Internal Revenue Code
1353-Section 408(q), 26 U.S.C. § 408(q);
1354-
1355- (4) An annuity or mutual fund custodial account under Internal Revenue
1356-Code Section 403(b), 26 U.S.C. § 403(b);
1357-
1358- (5) A pension, profit–sharing, stock bonus, or other retirement plan
1359-qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a);
1360-
1361- (6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b);
1362-and
1363-
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:
1367-
1368- (___) Select the form and timing of payments under a retirement plan and
1369-withdraw benefits from a plan
1370-
1371- (___) Make a rollover, including a direct trustee–to–trustee rollover, of
1372-benefits from one retirement plan to another
1373-
1374- (___) Establish a retirement plan in the principal’s name
1375-
1376- (___) Make contributions to a retirement plan
1377- Ch. 697 2023 LAWS OF MARYLAND
1378-
1379-– 30 –
1380- (___) Exercise investment powers available under a retirement plan
1381-
1382- (___) Borrow from, sell assets to, or purchase assets from a retirement plan
1383-
1384- (___) All of the above
1385-
1386- M. Taxes – With respect to this subject, I authorize my agent to:
1387-
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
1396-
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
1400-
1401- (___) Exercise elections available to the principal under federal, state, local,
1402-or foreign tax law
1403-
1404- (___) Act for the principal in all tax matters for all periods before the Internal
1405-Revenue Service, or other taxing authority
1406-
1407- (___) All of the above
1408-
1409- N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS
1410-SUBJECT, I AUTHORIZE MY AGENT T O:
1411-
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-
1419- (___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL
1420-NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL
1421-SECURITY ACT, of part or all of the principal’s property, including by the exercise of a
1422-presently exercisable general power of appointment held by the principal, in an amount for
1423-each donee not to exceed the annual dollar limits of the federal gift tax exclusion under
1424-Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the WES MOORE, Governor Ch. 697
1425-
1426-– 31 –
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
1430-
1431- (___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. §
1432-2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee
1433-not to exceed the aggregate annual gift tax exclusions for both spouses
1434-
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-
1440- (1) The value and nature of the principal’s property;
1441-
1442- (2) The principal’s foreseeable obligations and need for maintenance;
1443-
1444- (3) Minimization of taxes, including income, estate, inheritance,
1445-generation–skipping transfer, and gift taxes;
1446-
1447- (4) Eligibility for a benefit, a program, or assistance under a statute or
1448-regulation; and
1449-
1450- (5) The principal’s personal history of making or joining in making gifts.)
1451-
1452- (___) All of the above
1453-
1454-GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
1455-
1456-[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts
1457-for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below:
1458-
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-
1467- (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS
1468-POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR
1469-TRANSFER
1470-
1471- (___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS
1472-POWER OF ATTORNEY IN FAVOR OF MY AGENT Ch. 697 2023 LAWS OF MARYLAND
1473-
1474-– 32 –
1475-
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 T HE PRINCIPAL 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
1485-
1486- (___) AMEND, REVOKE, OR TERMINATE AN EXISTING INTER VIVOS TRUST IF
1487-THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT
1488-
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 ELIG IBILITY REQUIREMENTS 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
1494-
1495- (___) Create or change rights of survivorship
1496-
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
1502-
1503- (___) Authorize another person to exercise the authority granted under this power
1504-of attorney
1505-
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-
1509- (___) Exercise fiduciary powers that the principal has authority to delegate
1510-
1511- (___) Disclaim or refuse an interest in property, including a power of appointment
1512-
1513- (___) In accordance with the Maryland Fiduciary Access to Digital Assets Act,
1514-access and take control of (1) the content of any of my electronic communications, (2) any
1515-catalogue of electronic communications sent or received by me, and (3) any other digital
1516-asset in which I have a right or interest
1517-
1518- (___) Demand the delivery of the principal’s will from the custodian of the will and,
1519-on delivery of the principal’s will, take custody of the will subject to the requirements of WES MOORE, Governor Ch. 697
1520-
1521-– 33 –
1522-Title 4, Subtitle 2 of the Estates and Trusts Article
1523-
1524-LIMITATION ON AGENT’S AUT HORITY
1525-
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.
1529-
1530-SPECIAL INSTRUCTION S (OPTIONAL)
1531-
1532-You may give special instructions on the following lines:
1533-
1534-___________________________________________________________________________________
1535-___________________________________________________________________________________
1536-___________________________________________________________________________________
1537-___________________________________________________________________________________
1538-___________________________________________________________________________________
1539-___________________________________________________________________________________
1540-___________________________________________________________________________________
1541-
1542-EFFECTIVE DATE
1543-
1544-This power of attorney is effective immediately unless I have stated otherwise in the Special
1545-Instructions.
1546-
1547-TERMINATION DATE (OPTIONAL)
1548-
1549-This power of attorney shall terminate on _______________________________, 20______.
1550- (Use a specific calendar date)
1551-
1552-NOMINATION OF GUARDIAN (OPTIONAL)
1553-
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:
1556-
1557-Name of Nominee for guardian of my property:
1558-_____________________________________________________________________________
1559-Nominee’s Address: __________________________________________________________
1560-Nominee’s Telephone Number: ________________________________________________
1561-
1562-Name of Nominee for guardian of my person:
1563-______________________________________________________________________________
1564-Nominee’s Address: ___________________________________________________________
1565-Nominee’s Telephone Number: _________________________________________________
1566-
1567-SIGNATURE AND ACKNOWLEDGMENT Ch. 697 2023 LAWS OF MARYLAND
1568-
1569-– 34 –
1570-
1571-_____________________________________________ ______________________________
1572-Your Signature Date
1573-
1574-______________________________________________________________________________
1575-Your Name Printed
1576-
1577-______________________________________________________________________________
1578-______________________________________________________________________________
1579-Your Address
1580-
1581-______________________________________________________________________________
1582-Your Telephone Number
1583-
1584-STATE OF MARYLAND
1585-(COUNTY) OF _______________________________________________________________
1586-
1587-This document was acknowledged before me on
1588-______________________________________________________________________________,
1589-(Date)
1590-
1591-by ___________________________________________________________________________.
1592-(Name of Principal)
1593-
1594-__________________________________________________________________ (Seal, if any)
1595-Signature of Notary
1596-My commission expires: _______________________________________________________
1597-
1598-WITNESS ATTESTATION
1599-
1600-The foregoing power of attorney was, on the date written above, published and declared by
1601-______________________________________________________________________________
1602- (Name of Principal)
1603-
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.
1607-
1608-____________________________________________
1609-Witness #1 Signature
1610-____________________________________________
1611-Witness #1 Name Printed
1612-____________________________________________
1613-____________________________________________
1614-Witness #1 Address
1615-____________________________________________ WES MOORE, Governor Ch. 697
1616-
1617-– 35 –
1618-Witness #1 Telephone Number
1619-
1620-____________________________________________
1621-Witness #2 Signature
1622-____________________________________________
1623-Witness #2 Name Printed
1624-____________________________________________
1625-____________________________________________
1626-Witness #2 Address
1627-____________________________________________
1628-Witness #2 Telephone Number
1629-
1630-This document prepared by:
1631-
1632-___________________________________________________________________________________
1633-_________________________________________________________________________
1634-
1635-IMPORTANT INFORMATION FOR AGENT
1636-
1637-Agent’s Duties
1638-
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:
1643-
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-
1648- (2) Act with care, competence, and diligence for the best interest of the principal;
1649-
1650- (3) Do nothing beyond the authority granted in this power of attorney; and
1651-
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:
1655-
1656-__________________________________ ______________________________________
1657- (Principal’s Name) by (Your Signature) as Agent
1658-
1659-Unless the Special Instructions in this power of attorney state otherwise, you must also:
1660-
1661- (1) Act loyally for the principal’s benefit;
1662-
1663- (2) Avoid conflicts that would impair your ability to act in the principal’s best Ch. 697 2023 LAWS OF MARYLAND
1664-
1665-– 36 –
1666-interest;
1667-
1668- (3) Keep a record of all receipts, disbursements, and transactions made on behalf
1669-of the principal;
1670-
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
1674-
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.
1677-
1678-Termination of Agent’s Authority
1679-
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:
1683-
1684- (1) Death of the principal;
1685-
1686- (2) The principal’s revocation of the power of attorney or your authority;
1687-
1688- (3) The occurrence of a termination event stated in the power of attorney;
1689-
1690- (4) The purpose of the power of attorney is fully accomplished; or
1691-
1692- (5) If you are married to the principal, a legal action is filed with a court to end
1693-your marriage, or for your legal separation, unless the Special Instructions in this power of
1694-attorney state that such an action will not terminate your authority.
1695-
1696-Liability of Agent
1697-
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.
1702-
1703-If there is anything about this document or your duties that you do not understand, you
1704-should seek legal advice.”
1705-
1706- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
1707-October 1, 2023.
1708-
1709-Approved by the Governor, May 16, 2023.
1733+ Speaker of the House of Delegates.