§ 12-602. Access by fiduciaries to safe-deposit boxes  


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  •    (a) "Fiduciary" defined. -- In this section, "fiduciary" includes the fiduciary's successor.

    (b) In general. -- Except as provided in subsection (c) of this section, if a safe-deposit company rents a safe-deposit box to a fiduciary, the safe-deposit company may not permit access to the safe-deposit box:

       (1) By any person other than the fiduciary; and

       (2) If the safe-deposit box is rented to two or more fiduciaries, by less than all of the fiduciaries in person.

    (c) Exception. -- The safe-deposit company may permit access to the safe-deposit box by:

       (1) Any individual authorized by all of the fiduciaries, in accordance with a rental agreement, written power of attorney, or other written authority signed by each fiduciary and filed with the safe-deposit company; and

       (2) Less than all of the fiduciaries, in accordance with a rental agreement, written power of attorney, or other written authority signed by the remaining fiduciaries and filed with the safe-deposit company.


HISTORY: An. Code 1957, art. 23, § 315; 1980, ch. 33, § 2.