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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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ESTATES AND TRUSTS |
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TITLE 17. MARYLAND GENERAL AND LIMITED POWER OF ATTORNEY ACT |
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SUBTITLE 2. STATUTORY FORMS |
§ 17-202. Statutory form--Personal financial power of attorney
Latest version.
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"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 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.
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.
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 of Principal)
Name the following person 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:
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 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 discharge 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 AUTHORITY
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 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.
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, 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 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;
enroll in, apply for, select, reject, change, amend, or discontinue, on the
principal's behalf, a 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 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),
26 U.S.C. § 2032(A), 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.
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)
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
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.
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"