# Estates and Trusts (GET)

## Title 17. Maryland General and Limited Power of Attorney Act

### Subtitle 1. General Provisions

#### Section 17-101

(a) In this title the following words have the meanings indicated.

(b)

  (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.

  (2) "Agent" includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.

(c) "Electronic" has the meaning stated in Sec. 4-101 of this article.

(d) "Electronic power of attorney" means a power of attorney containing one or more electronic signatures and executed in compliance with this title.

(e) "Electronic presence" has the meaning stated in Sec. 4-101 of this article.

(f) "Electronic signature" has the meaning stated in Sec. 4-101 of this article.

(g) "Incapacity" means the inability of an individual to manage property or business affairs because the individual:

  (1) Meets the grounds required for the appointment of a guardian of the property of a disabled person described in Sec. 13-201 of this article; or

  (2) Is:

    (i) Missing;

    (ii) Detained, including incarcerated in a penal system; or

    (iii) Outside the United States and unable to return.

(h) "Physical presence" has the meaning stated in Sec. 4-101 of this article.

(i) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term "power of attorney" is used.

(j) "Principal" means an individual who grants authority to an agent in a power of attorney.

(k) "Property" includes both real and personal property and any right or title in real or personal property, whether held individually or jointly and whether indivisible, beneficial, contingent, or of any other nature.

(l) "Real estate transaction" means any activity involving the transfer or creation of an estate, interest, lien, or encumbrance in real property, including rights or interests appurtenant to, and the disposition of proceeds derived from, the property.

(m) "Record" has the meaning stated in Sec. 4-101 of this article.

(n) "Remotely witnessed power of attorney" means a power of attorney signed by the principal under circumstances where any witness is in the electronic presence of the principal or other witness when the witness attests and signs the power of attorney.

(o) "Sign" has the meaning stated in Sec. 4-101 of this article.

(p)

  (1) "Statutory form power of attorney" means a power of attorney that is substantially in the same form as one of the powers of attorney set forth in Subtitle 2 of this title.

  (2) "Statutory form power of attorney" does not include a power of attorney set forth in Subtitle 2 of this title in which a principal incorporates by reference one or more provisions of another writing into the section of the power of attorney entitled "Special Instructions (Optional)".

(q)

  (1) "Stocks and bonds" means evidence of ownership in or debt issued by a corporation, partnership, limited liability company, firm, association, or similar entity.

  (2) "Stocks and bonds" includes stocks, bonds, debentures, notes, membership interests, mutual fund interests, money market account interests, voting trust certificates, equipment trust certificates, certificates of deposit, certificates of participation, certificates of beneficial interest, stock rights, stock warrants, and any other instruments evidencing rights of a similar character issued by or in connection with any corporation, partnership, limited liability company, firm, association, or similar entity.

(r) "Supervising attorney" has the meaning stated in Sec. 4-101 of this article.

#### Section 17-102

(a) Except as otherwise provided in a power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, on the death of the principal, by the personal representative or successor in interest of the principal's estate.

(b)

  (1) If a request as described in subsection (a) of this section is made, within 30 days after the request is made, the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

  (2) A principal or an interested person may file a petition under Title 15, Chapter 500 of the Maryland Rules in the circuit court for the county in which the power of attorney is recorded to enjoin an agent to comply with this section.

#### Section 17-103

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:

  (1) The principal or the agent;

  (2) A guardian, conservator, or other fiduciary acting for the principal;

  (3) A person authorized to make health care decisions for the principal;

  (4) The principal's spouse, parent, or descendant;

  (5) An individual who would qualify as a presumptive heir of the principal;

  (6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

  (7) A governmental agency having regulatory authority to protect the welfare of the principal;

  (8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

  (9) A person asked to accept the power of attorney.

(b) On motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

#### Section 17-104

(a) A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney.

(b) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to:

  (1) A court order mandating acceptance of the power of attorney; and

  (2) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

#### Section 17-105

(a) In this section, "durable power of attorney" means a power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal's subsequent disability or incapacity.

(b) This section applies to all powers of attorney.

(c) When a principal designates another as an attorney in fact or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms.

(d) Any act done by the attorney in fact or agent in accordance with the power of attorney during any period of disability or incompetence of the principal or during any period of uncertainty as to whether the principal is dead or alive has the same effect and inures to the benefit of and binds the principal as if the principal were alive, competent, and not disabled.

(e)

  (1) If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal.

  (2) The guardian has the same power the principal would have but for the principal's disability or incompetence to revoke, suspend, or terminate all or any part of the power of attorney or agency.

#### Section 17-106

(a)

  (1) The death, disability, or incompetence of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency.

  (2) Unless otherwise invalid or unenforceable, any action taken by the attorney in fact, agent, or other person who acts in good faith under the power of attorney or agency binds the principal and the principal's heirs, legatees, and personal representatives.

(b)

  (1) In the absence of fraud, an affidavit executed by the attorney in fact or agent and stating that the attorney in fact or agent did not have, at the time of doing an act in accordance with the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence, is conclusive proof of the nonrevocation or nontermination of the power at that time.

  (2) If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.

(c) This section may not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.

#### Section 17-107

If any member of the armed services of the United States has executed a power of attorney, the fact that that person has been reported or listed, officially or otherwise, as "missing in action", as that phrase is used to describe a casualty category applicable to members of the armed services, does not operate to revoke the power of attorney, unless the instrument otherwise provides.

#### Section 17-108

(a) A power of attorney executed in this State is valid and enforceable as to persons dealing with the agent.

(b) A power of attorney executed other than in this State is valid and enforceable in this State as to persons dealing with the agent if, when the power of attorney was executed, the execution complied with:

  (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or

  (2) The requirements for a military power of attorney in accordance with 10 U.S.C. Sec. 1044b.

(c)

  (1) Except as otherwise provided by law other than this title and subject to paragraph (2) of this subsection, a photocopy or electronically transmitted copy of an original power of attorney is as valid and binding as the original power of attorney.

  (2) A clerk of court may refuse to record a photocopy or electronically transmitted copy of an original power of attorney.

(d)

  (1) A principal may delegate to one or more agents the authority to do any act specified in the statutory forms in Subtitle 2 of this title.

  (2) Notwithstanding paragraph (1) of this subsection, if a principal designates one or more coagents, all coagents shall act together unanimously unless the power of attorney otherwise provides.

  (3) The acts specified in the statutory forms may not, notwithstanding paragraph (1) of this subsection, be deemed to invalidate or limit the validity of other authorized acts that a principal may delegate to an agent.

#### Section 17-109

(a) Except as provided in subsection (b) of this section, this title applies to all powers of attorney.

(b) Except as provided in Sec. 17-105 of this subtitle, this title does not apply to:

  (1) A power that is coupled with an interest in the subject of the power, is given as security, or is given for consideration, regardless of whether the power is held for the benefit of the agent or another person, including a power given to or for the benefit of a creditor in connection with a credit transaction;

  (2) An advance directive appointing a health care agent under Title 5, Subtitle 6 of the Health - General Article or any other power to make health care decisions;

  (3) A proxy or other delegation to exercise any right with respect to an entity, including voting rights or management rights or both, or a delegation of authority to execute, become a party to, or amend a document or agreement governing an entity or entity ownership interest;

  (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;

  (5) A power created as part of, or in connection with, an agreement establishing an attorney and client relationship;

  (6) A power of attorney that states that it is not subject to this title;

  (7) A power authorizing another to prepare, execute, deliver, submit, or file, on behalf of an entity or the governing body or management of an entity, a document or instrument with a government or governmental subdivision, agency, or instrumentality or with a third party;

  (8) A power or other delegation of authority contained in a document or agreement governing or binding on an entity that authorizes a person to take action with respect to the entity; and

  (9) A power with respect to an entity created in accordance with authorization provided by a federal or State statute that specifically contemplates creation of the power.

#### Section 17-110

(a) Except as provided in subsection (e) of this section, a power of attorney executed on or after October 1, 2010, shall be:

  (1) In writing;

  (2) Signed by the principal or by some other person for the principal, in the physical presence of the principal, and at the express direction of the principal;

  (3) Acknowledged by the principal in the physical or electronic presence of a notary public; and

  (4) Attested and signed by two or more adult witnesses who sign in:

    (i) The physical presence of the principal and each other; or

    (ii) The electronic presence of the principal and each other or any combination of physical or electronic presence.

(b) The notary public before whom the principal acknowledges the power of attorney may also serve as one of the two or more adult witnesses and may use communication technology under Sec. 18-214 of the State Government Article for that purpose.

(c) Except for an electronic power of attorney used in connection with a real estate transaction, an electronic power of attorney or a remotely witnessed power of attorney executed under this subsection shall satisfy the following additional requirements:

  (1) At the time the principal and witnesses sign the power of attorney, the principal and all witnesses shall be in the physical presence or electronic presence of one another and a supervising attorney, who may be one of the witnesses;

  (2) At the time the principal signs the power of attorney, the principal shall be a resident of, or physically located in, the State;

  (3) Each witness who is in the electronic presence of the principal when the witness attests and signs the power of attorney, or provides an electronic signature on the power of attorney, shall be a resident of the United States and physically located in the United States at the time the witness attests and signs the power of attorney;

  (4) The principal and witnesses shall sign the same power of attorney or any counterpart thereof; and

  (5) The supervising attorney shall create a certified power of attorney that shall include:

    (i) A true, complete, and accurate paper version of all pages of the power of attorney, including the original signatures and electronic signatures of the principal and all witnesses; and

    (ii) A signed original paper certification by the supervising attorney stating the date that the supervising attorney observed the principal and witnesses sign the power of attorney and that the supervising attorney took reasonable steps to verify:

      (1) That the certified power of attorney includes a true, complete, and accurate paper version of all pages of the power of attorney;

      (2) That the signatures contained in the certified power of attorney are the original signatures of each party signing the same paper power of attorney, or any counterpart thereof, and the electronic signatures of each party signing the same electronic power of attorney, or any counterpart thereof;

      (3) That the principal and each of the witnesses signed the same power of attorney or any counterparts thereof;

      (4) The identity of the principal, and that the principal was a resident of, or was physically located in, the State at the time the principal signed the power of attorney; and

      (5) The identity of each witness, and that each witness who was not in the physical presence of the principal when the witness attested and signed the power of attorney, or provided an electronic signature on the power of attorney, was a resident of the United States and physically located in the United States at the time the witness attested and signed the power of attorney.

(d)

  (1) Once the supervising attorney creates a certified power of attorney if required under subsection (c) of this section, the certified power of attorney shall be deemed to be the original power of attorney of the principal for all purposes under this article.

  (2) The date of execution for the power of attorney described under paragraph (1) of this subsection shall be the date of execution as stated in the certified power of attorney.

(e)

  (1) A power of attorney executed in conformance with the provisions of Executive Order 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, shall be deemed to have been signed and witnessed in conformity with this section if the power of attorney was signed and witnessed during the time that the executive order was in effect.

  (2) The notarization of a power of attorney in conformance with the provisions of Executive Order 20.03.30.04, authorizing remote notarizations, shall be deemed to have been signed and witnessed in conformity with this section if the power of attorney was signed and witnessed during the time that the executive order was in effect and the notary public acting under the order may have served as one of the witnesses.

#### Section 17-111

(a) A power of attorney is effective when executed, unless the principal provides in the power of attorney that it becomes effective at a future date or on the occurrence of a future event or contingency.

(b) If a power of attorney becomes effective on the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(c) If a power of attorney becomes effective on the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective on a determination in a writing or other record by:

  (1) A physician or licensed psychologist that the principal is incapacitated as defined in Sec. 17-101 of this subtitle; or

  (2) An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated as defined in Sec. 17-101 of this subtitle.

(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative to obtain access to the principal's health-care information and communicate with the principal's health-care provider in accordance with:

  (1) The Health Insurance Portability and Accountability Act;

  (2) Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Sec. 1320d, as amended; and

  (3) Applicable regulations.

#### Section 17-112

(a) A power of attorney terminates when:

  (1) The principal dies;

  (2) The principal becomes incapacitated, if the power of attorney is not durable;

  (3) The principal revokes the power of attorney;

  (4) The power of attorney provides that it terminates;

  (5) The purpose of the power of attorney is accomplished; or

  (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

(b) An agent's authority terminates when:

  (1) The principal revokes the authority;

  (2) The agent dies, becomes incapacitated, or resigns;

  (3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or

  (4) The power of attorney terminates.

(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, even if there has been a lapse of time since the execution of the power of attorney.

#### Section 17-113

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

  (1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest;

  (2) Act with care, competence, and diligence for the best interest of the principal; and

  (3) Act only within the scope of authority granted in the power of attorney.

(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

  (1) Act loyally for the principal's benefit;

  (2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;

  (3) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

  (4) Cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and

  (5) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:

    (i) The value and nature of the principal's property;

    (ii) The principal's foreseeable obligations and need for maintenance;

    (iii) The extent to which the principal's liability for taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes, can be minimized; and

    (iv) The principal's eligibility for a benefit, a program, or assistance under a statute or regulation.

(c) An agent that acts as provided in this section is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.

(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from an act taken by the agent or has an individual or conflicting interest in relation to the property or affairs of the principal.

(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.

(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(h) This section may not be construed to reduce any duty of an agent to the principal under existing State law.

#### Section 17-114

(a) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but the agent is not entitled to compensation.

(b) If the principal indicates in the power of attorney that the agent is entitled to compensation, the agent may receive compensation based on what is reasonable under the circumstances or on another basis as set forth in the power of attorney.

#### Section 17-115

This title does not supersede other laws applicable to financial institutions or other entities, and to the extent those other laws are inconsistent with the title, the other laws prevail.

#### Section 17-116

This title may be cited as the Maryland General and Limited Power of Attorney Act. 

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)