WES MOORE, Governor Ch. 697
– 1 –
Chapter 697
(Senate Bill 851)
AN ACT concerning
Maryland General and Limited Power of Attorney Act – Assistance With
Governmental Benefits and Programs Alterations
FOR the purpose of altering a certain statutory form for a general power of attorney by
including certain provisions informing the principal and agent of certain matters,
granting general authority with respect to tangible personal property and trusts and
estates, authorizing the principal to grant the agent certain specific powers relating
to successor agents, compensation, gifts or transfers, and opening joint accounts and
beneficiary designations, and clarifying the force and effect of the form; altering
certain statutory forms for a power of attorney to include certain provisions relating
to the authority of an agent to perform certain acts relating to eligibility and
qualifications for certain governmental benefits or programs; altering a certain
provision in a certain statutory form for a limited power of attorney relating to the
authority of an agent to make a gift of part or all of a principal’s property or to take
certain actions with respect to certain trusts under certain circumstances; and
generally relating to powers of attorney.
BY repealing and reenacting, with amendments,
Article – Estates and Trusts
Section 17–202 and 17–203
Annotated Code of Maryland
(2022 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Estates and Trusts
17–202.
“MARYLAND STATUTORY FORM
PERSONAL FINANCIAL POWER OF ATTORNEY
IMPORTANT INFORMATION AND WARNING
You should be very careful in deciding whether or not to sign this document. The powers
granted by you (the principal) in this document are broad and sweeping. This power of
attorney authorizes another person (your agent) to make decisions concerning your
property for you (the principal). Your agent will be able to make decisions and act with
respect to your property (including your money) whether or not you are able to act for Ch. 697 2023 LAWS OF MARYLAND
– 2 –
yourself.
You should select someone you trust to serve as your agent. Unless you specify otherwise,
generally the agent’s authority will continue until you die or revoke the power of attorney
or the agent resigns or is unable to act for you.
You need not grant all of the powers listed below. If you choose to grant less than all of the
listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney
and mark on that Maryland Statutory Form Limited Power of Attorney which powers you
intend to delegate to your attorney–in–fact (the Agent) and which you do not want the
Agent to exercise.
YOU SHOULD UNDERSTAND THAT GRANTING YOUR AGENT THE AUTHORITY TO TAK E
ACTIONS UNDER THIS P OWER OF ATTORNEY MAY :
(1) SIGNIFICANTLY REDUCE YOUR PROPERTY AND LI MIT YOUR
ACCESS TO YOUR ASSET S;
(2) CHANGE HOW YOUR PROPE RTY IS DISTRIBUTED U NDER YOUR
EXISTING ESTATE PLAN S TO YOUR HEIR S OR OTHERS ON YOUR DEATH; OR
(3) RESULT IN TAX CONSEQU ENCES TO YOURSELF OR OTHERS.
This power of attorney becomes effective immediately unless you state otherwise in the
Special Instructions.
You should obtain competent legal advice before you sign this power of attorney if you have
any questions about the document or the authority you are granting to your agent.
IMPORTANT INFORMATION FOR AGENT
SIMPLY BECAUSE YOU AR E GRANTED A POWER OF ATTORNEY DOES NOT ME AN YOU
SHOULD EXERCISE IT . YOU ARE BOUND BY AN UTMOST DUTY OF LO YALTY TO THE
INTERESTS OF THE PRI NCIPAL. YOU MAY NOT ACT IN YO UR OWN SELF–INTEREST.
YOU ARE FURTHER LIMIT ED BY LEGAL DUTIES T O THE PRINCIPAL THAT GOVERN
YOUR ACTIONS .
WHEN EXERCISING THE A UTHORITY GRANTED IN THIS POWER OF ATTORN EY, YOU
SHALL CONSIDER THE S TATED INTENTIONS OF THE PRINCIPAL REGARD ING THE
PRINCIPAL’S SELF–INTEREST, FAMILY, ESTATE, AND TAXES.
DESIGNATION OF AGENT
This section of the form provides for designation of one agent. WES MOORE, Governor Ch. 697
– 3 –
If you wish to name coagents, skip this section and use the next section (“Designation of
Coagents”).
I, ___________________________________________________________________________,
(Name of Principal)
Name the following person as my agent:
Name of Agent: _______________________________________________________________
Agent’s Address: ______________________________________________________________
Agent’s Telephone Number: ___________________________________________________
DESIGNATION OF COAGENTS (OPTION AL)
This section of the form provides for designation of two or more coagents. Coagents are
required to act together unanimously unless you otherwise provide in this form.
I, ___________________________________________________________________________,
(Name of Principal)
Name the following persons as coagents:
Name of Coagent: ____________________________________________________________
Coagent’s Address: ___________________________________________________________
Coagent’s Telephone Number: _________________________________________________
Name of Coagent: ____________________________________________________________
Coagent’s Address: ___________________________________________________________
Coagent’s Telephone Number: _________________________________________________
Special Instructions Regarding Coagents: _______________________________________
___________________________________________________________________________________
___________________________________________________________________________________
____________________________________________________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
Ch. 697 2023 LAWS OF MARYLAND
– 4 –
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent: _____________________________________________________
Successor Agent’s
Address: _____________________________________________________________________
Successor Agent’s
Telephone Number: ___________________________________________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor
agent:
Name of Second
Successor Agent: _____________________________________________________________
Second Successor
Agent’s Address: ______________________________________________________________
Second Successor Agent’s
Telephone Number: ___________________________________________________________
POWER TO APPOINT SUCCESSOR AGENT(S) IF NO AGENT OR
SUCCESSOR AGENT IS ABLE TO SERVE (OPTIONAL)
ONLY IF I HAVE INITIALED BELOW, MY AGENT(S) MAY APPOINT A SUCCES SOR
AGENT(S).
(___) EACH AGENT, WHILE SERVING IN THA T CAPACITY, MAY APPOINT AN
INDIVIDUAL TO SUCCEE D TO THE AGENT ’S OFFICE ON THE AGEN T’S DEATH,
RESIGNATION, OR INCAPACITY ; PROVIDED, HOWEVER, THAT AN APPOINTMENT
UNDER THIS SECTION B ECOMES EFFECTIVE ONL Y WHEN NO OTHER AGEN T OR
SUCCESSOR AGENT DESI GNATED BY ME IS WILL ING OR ABLE TO ACT .
COMPENSATION (OPTIONAL)
YOUR AGENT IS ENTITLE D TO REIMBURSEME NT FOR THEIR EXPENSE S. YOUR AGENT
IS ENTITLED TO COMPE NSATION ONLY IF YOU HAVE INITIALED ONE OF THE
OPTIONS LISTED BELOW :
(___) MY AGENT(S) IS ENTITLED TO REASO NABLE COMPENSATION .
(___) MY AGENT(S) IS ENTITLED TO THE F OLLOWING COMPENSATIO N:
WES MOORE, Governor Ch. 697
– 5 –
GRANT OF GENERAL AUTHORITY
I (“the principal”) grant my agent and any successor agent, with respect to each subject
listed below, the authority to do all acts that I could do to:
(1) Contract with another person, on terms agreeable to the agent, to
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
restate, release, or modify the contract or another contract made by or on behalf of the
principal;
(2) Execute, acknowledge, seal, deliver, file, or record any instrument or
communication the agent considers desirable to accomplish a purpose of a transaction;
(3) Seek on the principal’s behalf the assistance of a court or other
governmental agency to carry out an act authorized in this power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to a claim existing in favor of or
against the principal or intervene in litigation relating to the claim;
(5) Engage, compensate, and di scharge an attorney, accountant,
discretionary investment manager, expert witness, or other advisor;
(6) Prepare, execute, and file a record, report, or other document to
safeguard or promote the principal’s interest under a statute or regulation and
communicate with representatives or employees of a government or governmental
subdivision, agency, or instrumentality, on behalf of the principal; and
(7) Do lawful acts with respect to the subject and all property related to the
subject.
SUBJECTS AND AU THORITY
My agent’s authority shall include the authority to act as stated below with regard to each
of the following subjects:
Real property – With respect to this subject, I authorize my agent to: demand, buy, sell,
convey, lease, receive, accept as a gift or as security for an extension of credit, or otherwise
acquire or reject an interest in real property or a right incident to real property; pledge or
mortgage an interest in real property or right incident to real property as security to borrow
money or pay, renew, or extend the time of payment of a debt of the principal or a debt
guaranteed by the principal, including a reverse mortgage; release, assign, satisfy, or
enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract,
encumbrance, lien, or other claim to real property that exists or is asserted; and manage or
conserve an interest in real property or a right incident to real property owned or claimed
to be owned by the principal, including: (1) insuring against liability or casualty or other Ch. 697 2023 LAWS OF MARYLAND
– 6 –
loss; (2) obtaining or regaining possession of or protecting the interest or right by litigation
or otherwise; (3) paying, assessing, compromising, or contesting taxes or assessments or
applying for and receiving refunds in connection with them; and (4) purchasing supplies,
hiring assistance or labor, and making repairs or alterations to the real property.
TANGIBLE PERSONAL PRO PERTY, INCLUDING MOTOR VEHI CLES, BOATS, PLANES,
AND OTHER TITLED AND UNTITLED TANGIBLE PE RSONAL PROPERTY – WITH
RESPECT TO THIS SUBJ ECT, I AUTHORIZE MY AGENT T O: DEMAND, BUY, RECEIVE,
ACCEPT AS A GIFT OR AS SECURITY FOR AN E XTENSION OF CREDIT, OR OTHERWISE
ACQUIRE OR REJECT OW NERSHIP OR POSSESSIO N OF TANGIBLE PERSON AL
PROPERTY OR AN INTER EST IN TANGIBLE PERS ONAL PROPERTY ; SELL, EXCHANGE,
CONVEY WITH OR WITHO UT COVENANTS , REPRESENTATIONS , OR WARRANTIES ,
QUITCLAIM, RELEASE, SURRENDER , CREATE A SECURITY INTER EST IN, GRANT
OPTIONS CONCERNING , LEASE, SUBLEASE, OR OTHERWISE DISPOSE OF TANGIBLE
PERSONAL PROPERTY OR AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; GRANT
A SECURITY INTEREST IN TANGIBLE PERSONAL PROPERTY OR AN INTER EST IN
TANGIBLE PERSO NAL PROPERTY AS SECU RITY TO BORROW MONEY OR PAY, RENEW,
OR EXTEND THE TIME O F PAYMENT OF A DEBT OF THE PRINCIPAL OR A DEBT
GUARANTEED BY THE PR INCIPAL; RELEASE, ASSIGN, SATISFY, OR ENFORCE BY
LITIGATION OR OTHERW ISE, A SECURITY INTEREST , LIEN, OR OTHER CLA IM ON
BEHALF OF THE PRINCI PAL, WITH RESPECT TO TANG IBLE PERSONAL PROPER TY OR
AN INTEREST IN TANGI BLE PERSONAL PROPERT Y; MANAGE OR CONSERVE
TANGIBLE PERSONAL PR OPERTY OR AN INTERES T IN TANGIBLE PERSON AL
PROPERTY ON BEHALF O F THE PRINCIPAL , INCLUDING: (1) INSURING AGAINST
LIABILITY OR CASUALT Y OR OTHER LOSS ; (2) OBTAINING OR REGAINI NG
POSSESSION OF OR PRO TECTING THE PROPERTY OR INTEREST, BY LITIGATION OR
OTHERWISE; (3) PAYING, ASSESSING, COMPROMISING , OR CONTESTING TAXES OR
ASSESSMENTS OR APPLY ING FOR AND REC EIVING REFUNDS IN CO NNECTION WITH
TAXES OR ASSESSMENTS ; (4) MOVING THE PROPERTY FROM PLACE TO PLACE ; (5)
STORING THE PROPERTY FOR HIRE OR ON A GRA TUITOUS BAILMENT ; AND (6) USING
AND MAKING REPAIRS , ALTERATIONS , OR IMPROVEMENTS TO T HE PROPERTY ; AND
CHANGE THE FORM OF TITLE OF AN INTEREST IN TANGI BLE PERSONAL PROPERT Y.
Stocks and bonds – With respect to this subject, I authorize my agent to: buy, sell, and
exchange stocks and bonds; establish, continue, modify, or terminate an account with
respect to stocks and bonds; pledge stocks and bonds as security to borrow, pay, renew, or
extend the time of payment of a debt of the principal; receive certificates and other
evidences of ownership with respect to stocks and bonds; exercise voting rights with respect
to stocks and bonds in person or by proxy, enter into voting trusts, and consent to
limitations on the right to vote.
Banks and other financial institutions – With respect to this subject, I authorize my agent
to: continue, modify, transact all business in connection with, and terminate an account or
other banking arrangement made by or on behalf of the principal; establish, modify, WES MOORE, Governor Ch. 697
– 7 –
transact all business in connection with, and terminate an account or other banking
arrangement with a bank, trust company, savings and loan association, credit union, thrift
company, brokerage firm, or other financial institution selected by the agent; contract for
services available from a financial institution, including renting a safe deposit box or space
in a vault; deposit by check, money order, electronic funds transfer, or otherwise with, or
leave in the custody of, a financial institution money or property of the principal; withdraw,
by check, money order, electronic funds transfer, or otherwise, money or property of the
principal deposited with or left in the custody of a financial institution; receive statements
of account, vouchers, notices, and similar documents from a financial institution and act
with respect to them; enter a safe deposit box or vault and withdraw or add to the contents;
borrow money and pledge as security personal property of the principal necessary to borrow
money or pay, renew, or extend the time of payment of a debt of the principal or a debt
guaranteed by the principal; make, assign, draw, endorse, discount, guarantee, and
negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of
the principal or payable to the principal or the principal’s order, transfer money, receive
the cash or other proceeds of those transactions; and apply for, receive, and use credit cards
and debit cards, electronic transaction authorizations, and traveler’s checks from a
financial institution.
Insurance and annuities – With respect to this subject, I authorize my agent to: continue,
pay the premium or make a contribution on, modify, exchange, rescind, release, or
terminate a contract procured by or on behalf of the principal that insures or provides an
annuity to either the principal or another person, whether or not the principal is a
beneficiary under the contract; procure new, different, and additional contracts of
insurance and annuities for the principal and select the amount, type of insurance or
annuity, and mode of payment; pay the premium or make a contribution on, modify,
exchange, rescind, release, or terminate a contract of insurance or annuity procured by the
agent; apply for and receive a loan secured by a contract of insurance or annuity; surrender
and receive the cash surrender value on a contract of insurance or annuity; exercise an
election; exercise investment powers available under a contract of insurance or annuity;
change the manner of paying premiums on a contract of insurance or annuity; change or
convert the type of insurance or annuity with respect to which the principal has or claims
to have authority described in this section; apply for and procure a benefit or assistance
under a statute or regulation to guarantee or pay premiums of a contract of insurance on
the life of the principal; collect, sell, assign, hypothecate, borrow against, or pledge the
interest of the principal in a contract of insurance or annuity; select the form and timing of
the payment of proceeds from a contract of insurance or annuity; pay, from proceeds or
otherwise, compromise or contest, and apply for refunds in connection with a tax or
assessment levied by a taxing authority with respect to a contract of insurance or annuity
or the proceeds or liability from the contract of insurance or annuity accruing by reason of
the tax or assessment.
Claims and litigation – With respect to this subject, I authorize my agent to: assert and
maintain before a court or administrative agency a claim, claim for relief, cause of action,
counterclaim, offset, recoupment, or defense, including an action to recover property or
other thing of value, recover damages sustained by the principal, eliminate or modify tax Ch. 697 2023 LAWS OF MARYLAND
– 8 –
liability, or seek an injunction, specific performance, or other relief; act for the principal
with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the
principal or some other person, or with respect to a reorganization, receivership, or
application for the appointment of a receiver or trustee that affects an interest of the
principal in property or other thing of value; pay a judgment, award, or order against the
principal or a settlement made in connection with a claim or litigation; and receive money
or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Benefits from governmental programs or civil or military service (including any benefit,
program, or assistance provided under a statute or regulation including Social Security,
Medicare, and Medicaid) – With respect to this subject, I authorize my agent to: execute
vouchers in the name of the principal for allowances and reimbursements payable by the
United States or a foreign government or by a state or subdivision of a state to the principal;
PERFORM THE ACTS NEC ESSARY TO ENABLE THE PRINCIPAL TO QUALIFY FOR A
GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING PERSONAL AND
FINANCIAL RECORDS AND, TO THE EXTENT AUTHOR IZED IN THE SPECIAL
INSTRUCTIONS BELOW , TO TRANSFER OR GIFT THE PRINCIPAL ’S PROPERTY; enroll
in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a
GOVERNMENTAL benefit or program; prepare, file, and maintain a claim of the principal
for a benefit or assistance, financial or otherwise, to which the principal may be entitled
under a statute or regulation; initiate, participate in, submit to alternative dispute
resolution, settle, oppose, or propose or accept a compromise with respect to litigation
concerning a benefit or assistance the principal may be entitled to receive under a statute
or regulation; and receive the financial proceeds of a claim described above and conserve,
invest, disburse, or use for a lawful purpose anything so received.
Retirement plans (including a plan or account created by an employer, the principal, or
another individual to provide retirement benefits or deferred compensation of which the
principal is a participant, beneficiary, or owner, including a plan or account under the
following sections of the Internal Revenue Code: (1) an individual retirement account under
Internal Revenue Code Section 408, 26 U.S.C. § 408; (2) a Roth individual retirement
account under Internal Revenue Code Section 408A, 26 U.S.C. § 408A; (3) a deemed
individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. §
408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code
Section 403(b), 26 U.S.C. § 403(b); (5) a pension, profit–sharing, stock bonus, or other
retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a);
(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b); and (7) a
nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26
U.S.C. § 409A) – With respect to this subject, I authorize my agent to: select the form and
timing of payments under a retirement plan and withdraw benefits from a plan; make a
rollover, including a direct trustee–to–trustee rollover, of benefits from one retirement plan
to another; establish a retirement plan in the principal’s name; make contributions to a
retirement plan; exercise investment powers available under a retirement plan; borrow
from, sell assets to, or purchase assets from a retirement plan. I recognize that granting
my agent the authority to create or change a beneficiary designation for a retirement plan
may affect the benefits that I may receive if that authority is exercised. If I grant my agent WES MOORE, Governor Ch. 697
– 9 –
the authority to designate the agent, the agent’s spouse, or a dependent of the agent as a
beneficiary of a retirement plan, the grant may constitute a taxable gift by me and may
make the property subject to that authority taxable as a part of the agent’s estate.
Therefore, if I wish to authorize my agent to create or change a beneficiary designation for
any retirement plan, and in particular if I wish to authorize the agent to designate as my
beneficiary the agent, the agent’s spouse, or a dependent of the agent, I will explicitly state
this authority in the Special Instructions section that follows or in a separate power of
attorney.
Taxes – With respect to this subject, I authorize my agent to: prepare, sign, and file federal,
state, local, and foreign income, gift, payroll, property, federal insurance contributions act,
and other tax returns, claims for refunds, requests for extension of time, petitions regarding
tax matters, and other tax–related documents, including receipts, offers, waivers, consents,
including consents and agreements under Internal Revenue Code Section [2032(A)]
2032A, 26 U.S.C. [§ 2032(A)] § 2032A, closing agreements, and other powers of attorney
required by the Internal Revenue Service or other taxing authority with respect to a tax
year on which the statute of limitations has not run and the following 25 tax years; pay
taxes due, collect refunds, post bonds, receive confidential information, and contest
deficiencies determined by the Internal Revenue Service or other taxing authority; exercise
elections available to the principal under federal, state, local, or foreign tax law; and act for
the principal in all tax matters for all periods before the Internal Revenue Service, or other
taxing authority.
Digital assets – With respect to this subject, in accordance with the Maryland Fiduciary
Access to Digital Assets Act, my agent shall have authority over and the right to access: (1)
the content of any of my electronic communications; (2) any catalogue of electronic
communications sent or received by me; and (3) any other digital asset in which I have a
right or interest.
TRUST AND ESTATE MATT ERS – WITH RESPECT TO THIS SUBJECT:
(1) MY AGENT MAY ACT FOR ME IN ALL MATTERS TH AT AFFECT A
TRUST, PROBATE ESTATE , ESCROW, CUSTODIANSHIP , OR OTHER FUND TO WHI CH I
AM NOW, CLAIM TO BE, OR LATER BECOME ENTI TLED AS A BENEFICIAR Y, TO A SHARE
OR PAYMENT , INCLUDING PETITIONS , OBJECTIONS, WAIVERS, CONSENTS,
RECEIPTS, SETTLEMENTS , AND OTHER RELATED AG REEMENTS;
(2) TO THE EXTENT PERMITT ED IN THE TRUST AGRE EMENT, MY
AGENT MAY CONSENT TO THE AMENDMENT , REVOCATION , OR TERMINATION OF A
TRUST OF WHICH I AM A BENEFICIARY , OR TO THE TRANSFER O F THE ASSETS OF THE
TRUST INTO ANOTHER T RUST FOR MY BENEFIT , AND TO ENTER INTO TR ANSACTIONS
WITH ANY TRUST CREAT ED BY ME, FOR ME, ON MY BEHALF, OR IN CONNECTION WIT H
GIFTS FROM ME TO OTH ERS AS PROVIDED IN T HE PARAGRAPH BELOW A UTHORIZING
GIFTS; AND TO PARTICIPATE I N EITHER JUDICIAL OR NONJ UDICIAL MODIFICATION Ch. 697 2023 LAWS OF MARYLAND
– 10 –
OF A TRUST AS PERMIT TED UNDER § 14.5–111 OF THE ESTATES AND TRUSTS
ARTICLE; AND
(3) MY AGENT MAY CREATE A ND TRANSFER PROPERTY TO AN
INTERVIVOS REVOCABLE OR IRREVOCABLE TRUST FOR MY SOLE BENEFIT THAT ON
MY DEATH DISTRIBUTES THE PROP ERTY IN A MANNER CON SISTENT WITH MY
EXISTING ESTATE PLAN , IF ANY, AND IN ACCORDANCE WI TH MARYLAND LAW .
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
(CAUTION: GRANTING ANY OF THE F OLLOWING WILL GIVE Y OUR AGENT THE
AUTHORITY TO TAKE AC TIONS THAT COULD SIGNIFICA NTLY REDUCE YOUR
PROPERTY OR CHANGE H OW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH.)
A. GIFTS OR TRANSFERS – ONLY IF I HAVE INITIALED BELOW, MY
AGENT MAY MAKE GIFTS OR TRANSFER OWNERSHI P OF MY ASSETS OUTRI GHT OR IN
TRUST TO OR FOR THE BENEFIT OF ONE OR MO RE OF THE FOLLOWING PERSONS AND
ONLY IN THE AMOUNTS SPECIFICALLY AUTHORI ZED IN THE NEXT SECT ION:
(___) MY AGENT, SUBJECT TO THE FOLLO WING CONDITIONS , IF ANY:
_________________________________________________________
_________________________________________________________
(___) MY SPOUSE
(___) MY PARENTS
(___) MY GRANDPARENTS
(___) MY CHILDREN AND THEIR DESCENDANTS
(___) A NONPROFIT OR CHARITA BLE ORGANIZATION IN A MANNER
CONSISTENT WITH MY P REVIOUS GIVING HISTORY
(___) THE PEOPLE AND CHARIT ABLE ORGANIZATIONS , IF ANY, NAMED
IN MY ESTATE PLAN AN D IN ACCORDANCE WITH THE TERMS OF MY ESTA TE PLAN
THAT ARE IN EXISTENC E AT THE TIME THE GI FT IS MADE
(___) MY INTESTATE HEIRS WH O WOULD RECEIVE MY ESTATE UNDER
MARYLAND LAW IF I DIED A RESIDENT OF MARYLAND WITHOUT A WI LL
(___) ONE OR MORE OF THE FO LLOWING PERSONS :
_________________________________________________________ WES MOORE, Governor Ch. 697
– 11 –
_________________________________________________________
MY AGENT IS AUTHORIZE D TO MAKE GIFTS UNDE R THIS SECTION IN TH E
FOLLOWING AMOUNTS ONLY IF I HAVE INITIALED BELOW:
(___) IN AN AMOUNT NOT TO E XCEED $_____ PER PERSON EACH
CALENDAR YEAR TO THE PERSONS, NONPROFITS, OR CHARITABLE ORGANI ZATIONS
THAT I HAVE SPECIFIED IN THE SECT ION ABOVE;
(___) IN AN AMOUNT FOR EACH PERSON I HAVE SPECIFIED IN TH E
SECTION ABOVE NOT TO EXCEED THE ANNUAL DO LLAR LIMITS OF THE F EDERAL
GIFT TAX EXCLUSION U NDER § 2503(B) OF THE INTERNAL REVENUE CODE, OR IF
MY SPOUSE AGREES TO CONSENT TO A SPLIT GIFT , IN AN AMOUNT NOT TO EXCEED
THE AGGREGATE ANNUAL GIFT TAX EXCLUSION F OR BOTH SPOUSES ;
(___) IN AN UNLIMITED AMOUN T, FOR THE PURPOSE OF E STATE
PLANNING OR QUALIFYI NG ME FOR A GOVERNME NTAL BENEFIT OR PROG RAM, WITH
SUCH GIFTS TO BE MA DE IN A MANNER CONSI STENT WITH MY EXISTI NG ESTATE
PLAN, IF ANY, AND IN ACCORDANCE WI TH STATE LAW.
SPECIAL INSTRUCTIONS FOR GIFTING DESIRES – YOU MAY GIVE SPECIAL
INSTRUCTIONS FOR GIF TING DESIRES ON THE FOLLOWING LINES :
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
B. JOINT ACCOUNTS AND BE NEFICIARY DESIGNA TIONS – I AUTHORIZE MY
AGENT TO DO ONE OR M ORE OF THE FOLLOWING ONLY IF I HAVE INITIALED
BELOW:
(____) OPEN A JOINT ACCOUNT WITH ME AND ONE OR M ORE OTHER
PERSONS AS ACCOUNT O WNERS. EACH OWNER OF A JOINT ACCOUNT HAS FULL
LEGAL AUTHORITY TO U SE THE ACCO UNT FOR THEIR OWN BE NEFIT AND ON MY
DEATH WILL BECOME TH E PROPERTY OF THE OT HER OWNER(S).
(____) CREATE OR CHANGE RIGH TS OF SURVIVORSHIP I N ACCOUNTS OR
OTHER ASSETS IN WHIC H I HAVE AN INTEREST , INCLUDING FOR THE BE NEFIT OF MY
AGENT, TO CHANGE A BENEFICI ARY DESIGNATION FOR ANY ACCOUNTS OR
FINANCIAL INSTRUMENT S, INCLUDING LIFE INSUR ANCE POLICIES, ANNUITIES, OR
RETIREMENT ACCOUNTS OF ANY NATURE ; AND TO WAIVE MY RIGH T TO BE A
BENEFICIARY OF A JOI NT AND SURVIVOR ANNU ITY, INCLUDING A SURVIVOR
BENEFIT UNDER A R ETIREMENT PLAN OF AN Y NATURE. IN DETERMINING SUCH
RIGHTS OR BENEFICIAR Y INTERESTS , MY AGENT SHALL CONSI DER TAXES , Ch. 697 2023 LAWS OF MARYLAND
– 12 –
PRESERVATION OF GOVE RNMENTAL BENEFITS OR PROGRAMS, OR STATED
INTENTIONS REGARDING MY ESTATE.
DISCLAIMERS
FOR THE PURPOSES OF T AX PLANNING OR EFFECTUATING STAT ED INTENTIONS
REGARDING MY ESTATE , I AUTHORIZE MY AGENT T O DISCLAIM ANY INTER EST IN
PROPERTY I MIGHT OTHERWISE RECE IVE, EITHER OUTRIGHT OR I N TRUST,
INCLUDING FOR THE BE NEFIT OF MY AGENT ; ANY POWERS I HAVE OVER PROPERTY
OR AS A BENEFIC IARY OF ANY TRUSTS (EXCLUDING ANY POWERS I POSSESS IN A
FIDUCIARY CAPACITY ); AND ANY POWERS OF AP POINTMENT I HAVE OR MAY
ACQUIRE EXCLUDING AN Y TESTAMENTARY POWER OF APPOINTMENT THAT I
CURRENTLY EXERCISE I N MY LAST WILL AND T ESTAMENT.
SPECIAL INSTRUCTIONS (OPTIONAL)
YOU MAY GIVE SPECIAL INSTRUCTIONS ON THE FOLLOWING LINES:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special
Instructions.
TERMINATION DATE (OPTIONAL)
ONLY IF I HAVE SPECIFIED A TER MINATION DATE BELOW , THIS POWER OF
ATTORNEY IS DURABLE, MEANING IT SHALL CON TINUE IN FULL FORCE AND
EFFECT FOR AN INDEFI NITE PERIOD OF T IME UNTIL MY REVOCAT ION OF THIS
POWER OF ATTORNEY OR MY DEATH, WHICHEVER OCCURS FIR ST. I RESERVE THE
RIGHT TO REVOKE THIS POWER OF ATTORNEY . THIS POWER OF ATTORNE Y SHALL
NOT TERMINATE UPON M Y DISABILITY. ALL AUTHORITY OF MY A GENT(S) SHALL
CONTINUE EVEN IF I BECOME DISABLED , INCOMPETENT , OR INCAPACITATED .
This power of attorney shall terminate on ______________________________, 20____.
(Use a specific calendar date)
WES MOORE, Governor Ch. 697
– 13 –
COPIES
A COPY OF THIS DOCUMEN T SHALL HAVE THE SAM E FORCE AND EFFECT A S THE
ORIGINAL UNLESS PROV IDED OTHERWISE IN SP ECIAL INSTRUCTIONS .
REVOCATION
I HEREBY REVOKE ALL OT HER POWERS OF ATTORN EY THAT I HAVE PREVIOUSLY
EXECUTED. THIS SECTION DOES NOT APPLY TO POWERS OF ATTORNEY E XECUTED
ON THE SAME DATE AS THIS POWER OF ATTORN EY OR TO LIMITED POW ERS OF
ATTORNEY THAT APPLY TO SPECIFIC ACCOUNTS OR TO SPECIFIC PROPE RTY.
RELIANCE BY THIRD PARTIES
ANYONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE ENTITLED
TO PRESUME CONCLUSIV ELY THAT IT IS IN FULL FORCE AND EFFECT UNLESS I HAVE
GIVEN WRITTEN NOTICE TO THAT PERSON OR EN TITY THAT THIS POWER HAS BEEN
REVOKED. NO ONE RELYING OR ACT ING UPON THIS POWER OF ATTORNEY SHALL BE
REQUIRED TO SEE TO T HE APPLICATION AND DISPOSITION OF A NY FUNDS OR OTHER
PROPERTY PAID TO OR DELIVERED TO MY AGEN T OR ANY PERSONS APP OINTED BY
MY AGENT. I AUTHORIZE MY AGENT T O SEEK DAMAGES AGAIN ST ANYONE WHO
REFUSED TO HONOR THI S POWER OF ATTORNEY WITHOUT HAVING RECEI VED
NOTICE THAT IT HAS BEEN REVOKED .
NOMINATION OF GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a guardian of my property or guardian of my
person, I nominate the following person(s) for appointment:
Name of nominee for guardian of my property: __________________________________
Nominee’s address: ___________________________________________________________
Nominee’s telephone number: _________________________________________________
Name of nominee for guardian of my person: ____________________________________
Nominee’s address: ___________________________________________________________
Nominee’s telephone number: _________________________________________________
DESIGNATION OF AGENT TO MAKE ELECTION TO TAKE ELECTIVE SHARE
(OPTIONAL)
If I am incapacitated within the meaning of § 17–101 of the Estates and Trusts Article, I
designate the following person as my agent for purposes of making the election to take an
elective share of an estate subject to election under § 3–403 of the Estates and Trusts
Article:
Name of designated agent: _____________________________________________________ Ch. 697 2023 LAWS OF MARYLAND
– 14 –
Designated agent’s address: ____________________________________________________
Designated agent’s telephone number: __________________________________________
SIGNATURE AND ACKNOWLEDGMENT
________________________________________ __________________________
Your Signature Date
______________________________________________________________________________
Your Name Printed
___________________________________________________________________________________
___________________________________________________________________________________
Your Address
______________________________________________________________________________
Your Telephone Number
STATE OF MARYLAND
(COUNTY) OF _______________________________________________________________
This document was acknowledged before me on
__________________________
(Date)
By ______________________________________ to be his/her act.
(Name of Principal)
____________________________________________ (SEAL, IF ANY)
Signature of Notary
My commission expires: _____________________
WITNESS ATTESTATION
The foregoing power of attorney was, on the date written above, published and declared by
____________________________________________
(Name of Principal)
in our presence to be his/her power of attorney. We, in his/her presence and at his/her
request, and in the presence of each other, have attested to the same and have signed our
names as attesting witnesses.
____________________________________________ WES MOORE, Governor Ch. 697
– 15 –
Witness #1 Signature
____________________________________________
Witness #1 Name Printed
____________________________________________
____________________________________________
Witness #1 Address
____________________________________________
Witness #1 Telephone Number
____________________________________________
Witness #2 Signature
____________________________________________
Witness #2 Name Printed
____________________________________________
____________________________________________
Witness #2 Address
____________________________________________
Witness #2 Telephone Number”
17–203.
“MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY
PLEASE READ CAREFULLY
This power of attorney authorizes another person (your agent) to make decisions concerning
your property for you (the principal). You need not give to your agent all the authorities
listed below and may give the agent only those limited powers that you specifically indicate.
This power of attorney gives your agent the right to make limited decisions for you. You
should very carefully weigh your decision as to what powers you give your agent. Your
agent will be able to make decisions and act with respect to your property (including your
money) whether or not you are able to act for yourself.
If you choose to make a grant of limited authority, you should check the boxes that identify
the specific authorization you choose to give your agent.
This power of attorney does not authorize the agent to make health care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise,
generally the agent’s authority will continue until you die or revoke the power of attorney
or the agent resigns or is unable to act for you.
Your agent is not entitled to compensation unless you indicate otherwise in the special
instructions of this power of attorney. If you indicate that your agent is to receive
compensation, your agent is entitled to reasonable compensation or compensation as
specified in the Special Instructions. Ch. 697 2023 LAWS OF MARYLAND
– 16 –
This form provides for designation of one agent. If you wish to name more than one agent
you may name a coagent in the Special Instructions. Coagents are required to act together
unanimously unless you specify otherwise in the Special Instructions.
If your agent is unavailable or unwilling to act for you, your power of attorney will end
unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the
Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your
agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
This section of the form provides for designation of one agent.
If you wish to name coagents, skip this section and use the next section (“Designation of
Coagents”).
I, ___________________________________________________, name the following person
(Name of Principal)
as my agent:
Name of
Agent: _______________________________________________________________________
Agent’s
Address: _____________________________________________________________________
Agent’s Telephone
Number: _____________________________________________________________________
DESIGNATION OF COAGENTS (OPTIONAL)
This section of the form provides for designation of two or more coagents. Coagents are
required to act together unanimously unless you otherwise provide in this form.
I, ___________________________________________________________________________,
(Name of Principal)
Name the following persons as coagents:
Name of Coagent: ____________________________________________________________
Coagent’s Address: ___________________________________________________________ WES MOORE, Governor Ch. 697
– 17 –
Coagent’s Telephone Number: _________________________________________________
Name of Coagent: ____________________________________________________________
Coagent’s Address: ___________________________________________________________
Coagent’s Telephone Number: _________________________________________________
Special Instructions Regarding Coagents: ____________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL )
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent: _____________________________________________________
Successor Agent’s
Address: _____________________________________________________________________
Successor Agent’s Telephone Number: __________________________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor
agent:
Name of Second Successor
Agent: _______________________________________________________________________
Second Successor Agent’s
Address: _____________________________________________________________________
Second Successor Agent’s Telephone Number: ___________________________________
GRANT OF GENERAL AUTHORITY
I (“the principal”) grant my agent and any successor agent, with respect to each subject
that I choose below, the authority to do all acts that I could do to:
(1) Demand, receive, and obtain by litigation or otherwise, money or
another thing of value to which the principal is, may become, or claims to be entitled, and
conserve, invest, disburse, or use anything so received or obtained for the purposes
intended;
(2) Contract with another person, on terms agreeable to the agent, to
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform,
restate, release, or modify the contract or another contract made by or on behalf of the
principal; Ch. 697 2023 LAWS OF MARYLAND
– 18 –
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or
communication the agent considers desirable to accomplish a purpose of a transaction,
including creating a schedule contemporaneously or at a later time listing some or all of the
principal’s property and attaching the schedule to this power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to a claim existing in favor of or
against the principal or intervene in litigation relating to the claim;
(5) Seek on the principal’s behalf the assistance of a court or other
governmental agency to carry out an act authorized in this power of attorney;
(6) Engage, compensate, and discharge an attorney, accountant,
discretionary investment manager, expert witness, or other advisor;
(7) Prepare, execute, and file a record, report, or other document to
safeguard or promote the principal’s interest under a statute or regulation;
(8) Communicate with representatives or employees of a government or
governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of the
principal, whether by mail, electronic transmission, telephone, or other means; and
(10) Do lawful acts with respect to the subject and all property related to the
subject.
(INITIAL each authority in any subject you want to include in the agent’s general
authority. Cross through each authority in any subject that you want to exclude. If you
wish to grant general authority over an entire subject, you may initial “All of the above”
instead of initialing each authority.)
SUBJECTS AND AUTHORITY
A. Real Property – With respect to this category, I authorize my agent to:
(___) Demand, buy, lease, receive, accept as a gift or as security for an
extension of credit, or otherwise acquire or reject an interest in real property or a right
incident to real property
(___) Sell, exchange, convey with or without covenants, representations, or
warranties, quitclaim, release, surrender, retain title for security, encumber, partition,
consent to partitioning, subject to an easement or covenant, subdivide, apply for zoning or
other governmental permits, plat or consent to platting, develop, grant an option
concerning, lease, sublease, contribute to an entity in exchange for an interest in that WES MOORE, Governor Ch. 697
– 19 –
entity, or otherwise grant or dispose of an interest in real property or a right incident to
real property
(___) Pledge or mortgage an interest in real property or right incident to real
property as security to borrow money or pay, renew, or extend the time of payment of a
debt of the principal or a debt guaranteed by the principal, including a reverse mortgage
(___) Release, assign, satisfy, or enforce by litigation or otherwise a
mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real
property that exists or is asserted
(___) Manage or conserve an interest in real property or a right incident to
real property owned or claimed to be owned by the principal, including:
(1) Insuring against liability or casualty or other loss;
(2) Obtaining or regaining possession of or protecting the interest or
right by litigation or otherwise;
(3) Paying, assessing, compromising, or contesting taxes or
assessments or applying for and receiving refunds in connection with them; and
(4) Purchasing supplies, hiring assistance or labor, and making
repairs or alterations to the real property
(___) Use, develop, alter, replace, remove, erect, or install structures or other
improvements on real property in or incident to which the principal has, or claims to have,
an interest or right
(___) Participate in a reorganization with respect to real property or an entity
that owns an interest in or a right incident to real property and receive, hold, and act with
respect to stocks and bonds or other property received in a plan of reorganization, including:
(1) Selling or otherwise disposing of the stocks and bonds or other
property;
(2) Exercising or selling an option, a right of conversion, or a similar
right with respect to the stocks and bonds or other property; and
(3) Exercising voting rights in person or by proxy
(___) Change the form of title of an interest in or a right incident to real
property
(___) Dedicate to public use, with or without consideration, easements or
other real property in which the principal has, or claims to have, an interest Ch. 697 2023 LAWS OF MARYLAND
– 20 –
(___) All of the above
B. Tangible Personal Property – With respect to this subject, I authorize my
agent to:
(___) Demand, buy, receive, accept as a gift or as security for an extension of
credit, or otherwise acquire or reject ownership or possession of tangible personal property
or an interest in tangible personal property
(___) Sell, exchange, convey with or without covenants, representations, or
warranties, quitclaim, release, surrender, create a security interest in, grant options
concerning, lease, sublease, or otherwise dispose of tangible personal property or an
interest in tangible personal property
(___) Grant a security interest in tangible personal property or an interest in
tangible personal property as security to borrow money or pay, renew, or extend the time
of payment of a debt of the principal or a debt guaranteed by the principal
(___) Release, assign, satisfy, or enforce by litigation or otherwise, a security
interest, lien, or other claim on behalf of the principal, with respect to tangible personal
property or an interest in tangible personal property
(___) Manage or conserve tangible personal property or an interest in
tangible personal property on behalf of the principal, including:
(1) Insuring against liability or casualty or other loss;
(2) Obtaining or regaining possession of or protecting the property
or interest, by litigation or otherwise;
(3) Paying, assessing, compromising, or contesting taxes or
assessments or applying for and receiving refunds in connection with taxes or assessments;
(4) Moving the property from place to place;
(5) Storing the property for hire or on a gratuitous bailment; and
(6) Using and making repairs, alterations, or improvements to the
property
(___) Change the form of title of an interest in tangible personal property
(___) All of the above
C. Stocks and Bonds – With respect to this subject, I authorize my agent to: WES MOORE, Governor Ch. 697
– 21 –
(___) Buy, sell, and exchange stocks and bonds
(___) Establish, continue, modify, or terminate an account with respect to
stocks and bonds
(___) Pledge stocks and bonds as security to borrow, pay, renew, or extend
the time of payment of a debt of the principal
(___) Receive certificates and other evidences of ownership with respect to
stocks and bonds
(___) Exercise voting rights with respect to stocks and bonds in person or by
proxy, enter into voting trusts, and consent to limitations on the right to vote
(___) All of the above
D. Commodities – With respect to this subject, I authorize my agent to:
(___) Buy, sell, exchange, assign, settle, and exercise commodity futures
contracts and call or put options on stocks or stock indexes traded on a regulated option
exchange
(___) Establish, continue, modify, and terminate option accounts
(___) All of the above
E. Banks and Other Financial Institutions – With respect to this subject, I
authorize my agent to:
(___) Continue, modify, transact all business in connection with, and
terminate an account or other banking arrangement made by or on behalf of the principal
(___) Establish, modify, transact all business in connection with, and
terminate an account or other banking arrangement with a bank, trust company, savings
and loan association, credit union, thrift company, brokerage firm, or other financial
institution selected by the agent
(___) Contract for services available from a financial institution, including
renting a safe deposit box or space in a vault
(___) Deposit by check, money order, electronic funds transfer, or otherwise
with, or leave in the custody of, a financial institution money or property of the principal
(___) Withdraw, by check, money order, electronic funds transfer, or
otherwise, money or property of the principal deposited with or left in the custody of a Ch. 697 2023 LAWS OF MARYLAND
– 22 –
financial institution
(___) Receive statements of account, vouchers, notices, and similar
documents from a financial institution and act with respect to them
(___) Enter a safe deposit box or vault and withdraw or add to the contents
(___) Borrow money and pledge as security personal property of the principal
necessary to borrow money or pay, renew, or extend the time of payment of a debt of the
principal or a debt guaranteed by the principal
(___) Make, assign, draw, endorse, discount, guarantee, and negotiate
promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the
principal or payable to the principal or the principal’s order, transfer money, receive the
cash or other proceeds of those transactions, and accept a draft drawn by a person on the
principal and pay the draft when due
(___) Receive for the principal and act on a sight draft, warehouse receipt,
other document of title whether tangible or electronic, or other negotiable or nonnegotiable
instrument
(___) Apply for, receive, and use letters of credit, credit cards and debit cards,
electronic transaction authorizations, and traveler’s checks from a financial institution and
give an indemnity or other agreement in connection with letters of credit
(___) Consent to an extension of the time of payment with respect to
commercial paper or a financial transaction with a financial institution
(___) All of the above
F. Operation of an Entity or a Business – With respect to this subject, I authorize
my agent to:
(___) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest
(___) Perform a duty or discharge a liability and exercise in person or by
proxy a right, power, privilege, or an option that the principal has, may have, or claims to
have
(___) Enforce the terms of an ownership agreement
(___) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to litigation to which the principal
is a party because of an ownership interest
(___) Exercise in person or by proxy, or enforce by litigation or otherwise, a WES MOORE, Governor Ch. 697
– 23 –
right, power, privilege, or an option the principal has or claims to have as the holder of
stocks and bonds
(___) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to litigation to which the principal
is a party concerning stocks and bonds
(___) With respect to an entity or business owned solely by the principal:
(1) Continue, modify, renegotiate, extend, and terminate a contract
made by or on behalf of the principal with respect to the entity or business before execution
of this power of attorney;
(2) Determine:
(i) The location of the operation of the entity or business;
(ii) The nature and extent of the business of the entity or
business;
(iii) The methods of manufacturing, selling, merchandising,
financing, accounting, and advertising employed in the operation of the entity or business;
(iv) The amount and types of insurance carried by the entity
or business; and
(v) The mode of engaging, compensating, and dealing with the
employees and accountants, attorneys, or other advisors of the entity or business;
(3) Change the name or form of organization under which the entity
or business is operated and enter into an ownership agreement with other persons to take
over all or part of the operation of the entity or business; and
(4) Demand and receive money due or claimed by the principal or on
the principal’s behalf in the operation of the entity or business and control and disburse the
money in the operation of the entity or business
(___) Put additional capital into an entity or a business in which the principal
has an interest
(___) Join in a plan of reorganization, consolidation, conversion,
domestication, or merger of the entity or business
(___) Sell or liquidate all or part of an entity or business
(___) Establish the value of an entity or a business under a buyout agreement Ch. 697 2023 LAWS OF MARYLAND
– 24 –
to which the principal is a party
(___) Prepare, sign, file, and deliver reports, compilations of information,
returns, or other papers with respect to an entity or business and make related payments
(___) Pay, compromise, or contest taxes, assessments, fines, or penalties and
perform other acts to protect the principal from illegal or unnecessary taxation,
assessments, fines, or penalties, with respect to an entity or a business, including attempts
to recover, as permitted by law, money paid before or after the execution of this power of
attorney
(___) All of the above
G. Insurance and Annuities – With respect to this subject, I authorize my agent
to:
(___) Continue, pay the premium or make a contribution on, modify,
exchange, rescind, release, or terminate a contract procured by or on behalf of the principal
that insures or provides an annuity to either the principal or another person, whether or
not the principal is a beneficiary under the contract
(___) Procure new, different, and additional contracts of insurance and
annuities for the principal and the principal’s spouse, children, and other dependents, and
select the amount, type of insurance or annuity, and mode of payment
(___) Pay the premium or make a contribution on, modify, exchange, rescind,
release, or terminate a contract of insurance or annuity procured by the agent
(___) Apply for and receive a loan secured by a contract of insurance or
annuity
(___) Surrender and receive the cash surrender value on a contract of
insurance or annuity
(___) Exercise an election
(___) Exercise investment powers available under a contract of insurance or
annuity
(___) Change the manner of paying premiums on a contract of insurance or
annuity
(___) Change or convert the type of insurance or annuity with respect to
which the principal has or claims to have authority described in this section
(___) Apply for and procure a benefit or assistance under a statute or WES MOORE, Governor Ch. 697
– 25 –
regulation to guarantee or pay premiums of a contract of insurance on the life of the
principal
(___) Collect, sell, assign, hypothecate, borrow against, or pledge the interest
of the principal in a contract of insurance or annuity
(___) Select the form and timing of the payment of proceeds from a contract
of insurance or annuity
(___) Pay, from proceeds or otherwise, compromise or contest, and apply for
refunds in connection with a tax or assessment levied by a taxing authority with respect to
a contract of insurance or annuity or the proceeds or liability from the contract of insurance
or annuity accruing by reason of the tax or assessment
(___) All of the above
H. Estates, Trusts, and Other Beneficial Interests (including trusts, probate
estates, guardianships, conservatorships, escrows, or custodianships or funds from which
the principal is, may become, or claims to be entitled to a share or payment) – With respect
to this subject, I authorize my agent to:
(___) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in
or payment from the fund described above
(___) Demand or obtain money or another thing of value to which the
principal is, may become, or claims to be entitled by reason of the fund described above, by
litigation or otherwise
(___) Exercise for the benefit of the principal a presently exercisable general
power of appointment held by the principal
(___) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to litigation to ascertain the
meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or
transaction affecting the interest of the principal
(___) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to litigation to remove, substitute,
or surcharge a fiduciary
(___) Conserve, invest, disburse, or use anything received for an authorized
purpose
(___) Transfer an interest of the principal in real property, stocks and bonds,
accounts with financial institutions or securities intermediaries, insurance, annuities, and
other property to the trustee of a revocable trust created by the principal as settlor Ch. 697 2023 LAWS OF MARYLAND
– 26 –
(___) Reject, renounce, disclaim, release, or consent to a reduction in or
modification of a share in or payment from the fund described above
(___) Elect to take an elective share of an estate subject to election under §
3–403 of the Estates and Trusts Article
(___) All of the above
I. Claims and Litigation – With respect to this subject, I authorize my agent to:
(___) Assert and maintain before a court or administrative agency a claim,
claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an
action to recover property or other thing of value, recover damages sustained by the
principal, eliminate or modify tax liability, or seek an injunction, specific performance, or
other relief
(___) Bring an action to determine adverse claims or intervene or otherwise
participate in litigation
(___) Seek an attachment, garnishment, order of arrest, or other preliminary,
provisional, or intermediate relief and use an available procedure to effect or satisfy a
judgment, order, or decree
(___) Make or accept a tender, offer of judgment, or admission of facts, submit
a controversy on an agreed statement of facts, consent to examination, and bind the
principal in litigation
(___) Submit to alternative dispute resolution, settle, and propose or accept
a compromise
(___) Waive the issuance and service of process on the principal, accept
service of process, appear for the principal, designate persons on which process directed to
the principal may be served, execute and file or deliver stipulations on the principal’s
behalf, verify pleadings, seek appellate review, procure and give surety and indemnity
bonds, contract and pay for the preparation and printing of records and briefs, receive,
execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction
of judgment, notice, agreement, or other instrument in connection with the prosecution,
settlement, or defense of a claim or litigation
(___) Act for the principal with respect to bankruptcy or insolvency, whether
voluntary or involuntary, concerning the principal or some other person, or with respect to
a reorganization, receivership, or application for the appointment of a receiver or trustee
that affects an interest of the principal in property or other thing of value
(___) Pay a judgment, award, or order against the principal or a settlement WES MOORE, Governor Ch. 697
– 27 –
made in connection with a claim or litigation
(___) Receive money or other thing of value paid in settlement of or as
proceeds of a claim or litigation
(___) All of the above
J. Personal and Family Maintenance – With respect to this subject, I authorize
my agent to:
(___) Perform the acts necessary to maintain the customary standard of
living of the principal, the principal’s spouse, and the following individuals, whether living
when this power of attorney is executed or later born:
(1) The principal’s children;
(2) Other individuals legally entitled to be supported by the
principal; and
(3) The individuals whom the principal has customarily supported
or indicated the intent to support;
(___) Make periodic payments of child support and other family maintenance
required by a court or governmental agency or an agreement to which the principal is a
party
(___) Provide living quarters for the individuals described above by:
(1) Purchase, lease, or other contract; or
(2) Paying the operating costs, including interest, amortization
payments, repairs, improvements, and taxes, for premises owned by the principal or
occupied by those individuals
(___) Provide normal domestic help, usual vacations and travel expenses, and
funds for shelter, clothing, food, appropriate education, including postsecondary and
vocational education, and other current living costs for the individuals described above
(___) Pay expenses for necessary health care and custodial care on behalf of
the individuals described above
(___) Act as the principal’s personal representative in accordance with the
Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social
Security Act, 42 U.S.C. § 1320d, and applicable regulations in making decisions related to
the past, present, or future payment for the provision of health care consented to by the
principal or anyone authorized under the law of this State to consent to health care on Ch. 697 2023 LAWS OF MARYLAND
– 28 –
behalf of the principal
(___) Continue provisions made by the principal for automobiles or other
means of transportation, including registering, licensing, insuring, and replacing the
means of transportation, for the individuals described above
(___) Maintain credit and debit accounts for the convenience of the
individuals described above and open new accounts
(___) Continue payments incidental to the membership or affiliation of the
principal in a religious institution, club, society, order, or other organization or to continue
contributions to those organizations
(NOTE: Authority with respect to personal and family maintenance is neither
dependent on, nor limited by, authority that an agent may or may not have with respect to
gifts under this power of attorney.)
(___) All of the above
K. Benefits from Governmental Programs or Civil or Military Service (including
any benefit, program, or assistance provided under a statute or regulation including Social
Security, Medicare, and Medicaid) – With respect to this subject, I authorize my agent to:
(___) Execute vouchers in the name of the principal for allowances and
reimbursements payable by the United States or a foreign government or by a state or
subdivision of a state to the principal, including allowances and reimbursements for
transportation of the individuals described in “J. Personal and Family Maintenance” above,
and for shipment of the household effects of those individuals
(___) Take possession and order the removal and shipment of property of the
principal from a post, warehouse, depot, dock, or other place of storage or safekeeping,
either governmental or private, and execute and deliver a release, voucher, receipt, bill of
lading, shipping ticket, certificate, or other instrument for that purpose
(___) PERFORM THE ACTS NECE SSARY TO ENABLE THE PRINCIPAL TO
QUALIFY FOR A GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING OBTAINING
PERSONAL AND FINANCI AL RECORDS AND , TO THE EXTENT SPECIF ICALLY
AUTHORIZED BELOW , TO TRANSFER OR GIFT THE PRINCIPAL’S PROPERTY
(___) Enroll in, apply for, select, reject, change, amend, or discontinue, on the
principal’s behalf, a GOVERNMENTAL benefit or program
(___) Prepare, file, and maintain a claim of the principal for a benefit or
assistance, financial or otherwise, to which the principal may be entitled under a statute
or regulation
WES MOORE, Governor Ch. 697
– 29 –
(___) Initiate, participate in, submit to alternative dispute resolution, settle,
oppose, or propose or accept a compromise with respect to litigation concerning a benefit or
assistance the principal may be entitled to receive under a statute or regulation
(___) Receive the financial proceeds of a claim described above and conserve,
invest, disburse, or use for a lawful purpose anything so received
(___) All of the above
L. Retirement Plans (including a plan or account created by an employer, the
principal, or another individual to provide retirement benefits or deferred compensation of
which the principal is a participant, beneficiary, or owner, including a plan or account
under the following sections of the Internal Revenue Code:
(1) An individual retirement account under Internal Revenue Code Section
408, 26 U.S.C. § 408;
(2) A Roth individual retirement account under Internal Revenue Code
Section 408A, 26 U.S.C. § 408A;
(3) A deemed individual retirement account under Internal Revenue Code
Section 408(q), 26 U.S.C. § 408(q);
(4) An annuity or mutual fund custodial account under Internal Revenue
Code Section 403(b), 26 U.S.C. § 403(b);
(5) A pension, profit–sharing, stock bonus, or other retirement plan
qualified under Internal Revenue Code Section 401(a), 26 U.S.C. § 401(a);
(6) A plan under Internal Revenue Code Section 457(b), 26 U.S.C. § 457(b);
and
(7) A nonqualified deferred compensation plan under Internal Revenue
Code Section 409A, 26 U.S.C. § 409A) – With respect to this subject, I authorize my agent
to:
(___) Select the form and timing of payments under a retirement plan and
withdraw benefits from a plan
(___) Make a rollover, including a direct trustee–to–trustee rollover, of
benefits from one retirement plan to another
(___) Establish a retirement plan in the principal’s name
(___) Make contributions to a retirement plan
Ch. 697 2023 LAWS OF MARYLAND
– 30 –
(___) Exercise investment powers available under a retirement plan
(___) Borrow from, sell assets to, or purchase assets from a retirement plan
(___) All of the above
M. Taxes – With respect to this subject, I authorize my agent to:
(___) Prepare, sign, and file federal, state, local, and foreign income, gift,
payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for
refunds, requests for extension of time, petitions regarding tax matters, and other
tax–related documents, including receipts, offers, waivers, consents, including consents
and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. § 2032A, closing
agreements, and other powers of attorney required by the Internal Revenue Service or other
taxing authority with respect to a tax year on which the statute of limitations has not run
and the following 25 tax years
(___) Pay taxes due, collect refunds, post bonds, receive confidential
information, and contest deficiencies determined by the Internal Revenue Service or other
taxing authority
(___) Exercise elections available to the principal under federal, state, local,
or foreign tax law
(___) Act for the principal in all tax matters for all periods before the Internal
Revenue Service, or other taxing authority
(___) All of the above
N. Gifts [(including gifts to] AND TRANSFERS – WITH RESPECT TO THIS
SUBJECT, I AUTHORIZE MY AGENT T O:
(___) MAKE A GIFT OR TRANSF ER TO A PERSON, OR CREATE AND FUND
FOR THE BENEFIT OF A PERSON, INCLUDING THE PRINCI PAL, a trust, an account under
the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as
defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, [and] an ABLE account
as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A[) – With respect
to this subject, I authorize my agent to:
(___) Make outright to, or for the benefit of, a person, a gift], OR A SPECIAL
NEEDS TRUST OR ANY T RUST AUTHORIZED UNDE R § 1917 OF THE FEDERAL SOCIAL
SECURITY ACT, of part or all of the principal’s property, including by the exercise of a
presently exercisable general power of appointment held by the principal, in an amount for
each donee not to exceed the annual dollar limits of the federal gift tax exclusion under
Internal Revenue Code Section 2503(b), 26 U.S.C. § 2503(b), without regard to whether the WES MOORE, Governor Ch. 697
– 31 –
federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to
a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. § 2513, in an amount
for each donee not to exceed twice the annual federal gift tax exclusion limit
(___) Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. §
2513, to the splitting of a gift made by the principal’s spouse in an amount for each donee
not to exceed the aggregate annual gift tax exclusions for both spouses
(NOTE: An agent may only make a gift of the principal’s property as the agent
determines is consistent with the principal’s objectives if actually known by the agent and,
if unknown, as the agent determines is consistent with the principal’s best interest based
on all relevant factors, including:
(1) The value and nature of the principal’s property;
(2) The principal’s foreseeable obligations and need for maintenance;
(3) Minimization of taxes, including income, estate, inheritance,
generation–skipping transfer, and gift taxes;
(4) Eligibility for a benefit, a program, or assistance under a statute or
regulation; and
(5) The principal’s personal history of making or joining in making gifts.)
(___) All of the above
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
[My agent MAY NOT] IN ADDITION, MY AGENT MAY do any of the following specific acts
for me [UNLESS] ONLY IF I have INITIALED the specific authority listed below:
(Caution: Granting any of the following will give your agent the authority to take actions
that could significantly reduce your property or change how your property is distributed at
your death. In addition, granting your agent the authority to make gifts to, or to designate
as the beneficiary of any retirement plan, the agent, the agent’s spouse, or a dependent of
the agent may constitute a taxable gift by you and may make the property subject to that
authority taxable as part of the agent’s estate. INITIAL ONLY the specific authority you
WANT to give your agent.)
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS
POWER OF ATTORNEY WI THOUT RESTRICTION ON THE AMOUNT OF THE GI FT OR
TRANSFER
(___) TAKE ANY OF THE ACTIO NS I HAVE AUTHORIZED IN S ECTION N OF THIS
POWER OF ATTORNEY IN FAVOR OF MY AGENT Ch. 697 2023 LAWS OF MARYLAND
– 32 –
(___) Create AND FUND an inter vivos trust, [or amend, revoke, or terminate an
existing inter vivos trust if the trust expressly authorizes that action by the agent]
INCLUDING A SPECIAL NEEDS TRUST , ANY TRUST AUTHORIZED UNDER § 1917 OF
THE FEDERAL SOCIAL SECURITY ACT, OR A THIRD–PARTY SPECIAL NEEDS TRUST,
OR ESTABLISH AND FUN D AN ABLE ACCOUNT AS DEFINED U NDER § 529A OF THE
INTERNAL REVENUE CODE, FOR THE BENEFIT OF T HE PRINCIPAL OR THE
PRINCIPAL’S FAMILY, HEIRS AT LAW, OR DESCENDANTS , OR ANY OTHER PERSON
DESIGNATED BY THE PR INCIPAL AS A BENEFIC IARY UNDER AN EXISTI NG WILL,
TRUST, OR OTHER INSTRUMENT
(___) AMEND, REVOKE, OR TERMINATE AN EXISTING INTER VIVOS TRUST IF
THE TRUST EXPRESSLY AUTHORIZES THAT ACTI ON BY THE AGENT
(___) Make a gift, subject to any special instructions in this power of attorney,
INCLUDING A GIFT OF THE PRINCIPAL ’S ASSETS TO ASSIST T HE PRINCIPAL IN
MEETING THE ELIG IBILITY REQUIREMENTS AND QUALIFYING FOR A
GOVERNMENTAL BENEFIT OR PROGRAM , INCLUDING GIFTS TO O R IN FAVOR OF MY
AGENT WHO IS MY SPOU SE OR DESCENDANT
(___) Create or change rights of survivorship
(___) Create or change a beneficiary designation, subject to any special instructions
in this power of attorney; and, if I wish to authorize my agent to designate the agent, the
agent’s spouse, or a dependent of the agent as a beneficiary, I will explicitly state this
authority within the special instructions of this power of attorney or in a separate power of
attorney
(___) Authorize another person to exercise the authority granted under this power
of attorney
(___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity,
including a survivor benefit under a retirement plan
(___) Exercise fiduciary powers that the principal has authority to delegate
(___) Disclaim or refuse an interest in property, including a power of appointment
(___) In accordance with the Maryland Fiduciary Access to Digital Assets Act,
access and take control of (1) the content of any of my electronic communications, (2) any
catalogue of electronic communications sent or received by me, and (3) any other digital
asset in which I have a right or interest
(___) Demand the delivery of the principal’s will from the custodian of the will and,
on delivery of the principal’s will, take custody of the will subject to the requirements of WES MOORE, Governor Ch. 697
– 33 –
Title 4, Subtitle 2 of the Estates and Trusts Article
LIMITATION ON AGENT’S AUT HORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to
benefit the agent or a person to whom the agent owes an obligation of support unless I have
included that authority in the Special Instructions.
SPECIAL INSTRUCTION S (OPTIONAL)
You may give special instructions on the following lines:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special
Instructions.
TERMINATION DATE (OPTIONAL)
This power of attorney shall terminate on _______________________________, 20______.
(Use a specific calendar date)
NOMINATION OF GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a guardian of my property or guardian of my
person, I nominate the following person(s) for appointment:
Name of Nominee for guardian of my property:
_____________________________________________________________________________
Nominee’s Address: __________________________________________________________
Nominee’s Telephone Number: ________________________________________________
Name of Nominee for guardian of my person:
______________________________________________________________________________
Nominee’s Address: ___________________________________________________________
Nominee’s Telephone Number: _________________________________________________
SIGNATURE AND ACKNOWLEDGMENT Ch. 697 2023 LAWS OF MARYLAND
– 34 –
_____________________________________________ ______________________________
Your Signature Date
______________________________________________________________________________
Your Name Printed
______________________________________________________________________________
______________________________________________________________________________
Your Address
______________________________________________________________________________
Your Telephone Number
STATE OF MARYLAND
(COUNTY) OF _______________________________________________________________
This document was acknowledged before me on
______________________________________________________________________________,
(Date)
by ___________________________________________________________________________.
(Name of Principal)
__________________________________________________________________ (Seal, if any)
Signature of Notary
My commission expires: _______________________________________________________
WITNESS ATTESTATION
The foregoing power of attorney was, on the date written above, published and declared by
______________________________________________________________________________
(Name of Principal)
in our presence to be his/her power of attorney. We, in his/her presence and at his/her
request, and in the presence of each other, have attested to the same and have signed our
names as attesting witnesses.
____________________________________________
Witness #1 Signature
____________________________________________
Witness #1 Name Printed
____________________________________________
____________________________________________
Witness #1 Address
____________________________________________ WES MOORE, Governor Ch. 697
– 35 –
Witness #1 Telephone Number
____________________________________________
Witness #2 Signature
____________________________________________
Witness #2 Name Printed
____________________________________________
____________________________________________
Witness #2 Address
____________________________________________
Witness #2 Telephone Number
This document prepared by:
___________________________________________________________________________________
_________________________________________________________________________
IMPORTANT INFORMATION FOR AGENT
Agent’s Duties
When you accept the authority granted under this power of attorney, a special legal
relationship is created between you and the principal. This relationship imposes on you
legal duties that continue until you resign or the power of attorney is terminated or revoked.
You must:
(1) Do what you know the principal reasonably expects you to do with the
principal’s property or, if you do not know the principal’s expectations, act in the principal’s
best interest;
(2) Act with care, competence, and diligence for the best interest of the principal;
(3) Do nothing beyond the authority granted in this power of attorney; and
(4) Disclose your identity as an agent whenever you act for the principal by
writing or printing the name of the principal and signing your own name as “agent” in the
following manner:
__________________________________ ______________________________________
(Principal’s Name) by (Your Signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
(1) Act loyally for the principal’s benefit;
(2) Avoid conflicts that would impair your ability to act in the principal’s best Ch. 697 2023 LAWS OF MARYLAND
– 36 –
interest;
(3) Keep a record of all receipts, disbursements, and transactions made on behalf
of the principal;
(4) Cooperate with any person that has authority to make health care decisions
for the principal to do what you know the principal reasonably expects or, if you do not
know the principal’s expectations, to act in the principal’s best interest; and
(5) Attempt to preserve the principal’s estate plan if you know the plan and
preserving the plan is consistent with the principal’s best interest.
Termination of Agent’s Authority
You must stop acting on behalf of the principal if you learn of any event that terminates
this power of attorney or your authority under this power of attorney. Events that
terminate a power of attorney or your authority to act under a power of attorney include:
(1) Death of the principal;
(2) The principal’s revocation of the power of attorney or your authority;
(3) The occurrence of a termination event stated in the power of attorney;
(4) The purpose of the power of attorney is fully accomplished; or
(5) If you are married to the principal, a legal action is filed with a court to end
your marriage, or for your legal separation, unless the Special Instructions in this power of
attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Maryland Power of Attorney
Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of
Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority
granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you
should seek legal advice.”
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.