Plain Text Law

Title 17. Maryland General and Limited Power of Attorney Act — Subtitle 2. Statutory Forms

Statutes in effect as of October 1, 2026.

Md. Code Ann., Est. & Trusts § 17-201 (2026)
Title 17. Maryland General and Limited Power of Attorney Act
Subtitle 2. Statutory Forms

§ 17–201Copy Citation

(a)
A document substantially in one of the forms set forth in this subtitle may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this title.
(b)
A document substantially in one of the forms set forth in this subtitle in effect on the date the document is executed shall continue to have the meaning and effect prescribed by this title, notwithstanding enactment of legislation altering that statutory form after the date the document is executed.
Md. Code Ann., Est. & Trusts § 17-202 (2026)
Title 17. Maryland General and Limited Power of Attorney Act
Subtitle 2. Statutory Forms

§ 17–202Copy Citation

“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.
You should understand that granting your agent the authority to take actions under this power of attorney may:
(1)
Significantly reduce your property and limit your access to your assets;
(2)
Change how your property is distributed under your existing estate plans to your heirs or others on your death; or
(3)
Result in tax consequences 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 are granted a power of attorney does not mean you should exercise it. You are bound by an utmost duty of loyalty to the interests of the principal. You may not act in your own self–interest. You are further limited by legal duties to the principal that govern your actions.
When exercising the authority granted in this power of attorney, you shall consider the stated intentions of the principal regarding the principal’s self–interest, family, estate, and taxes.
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: ___________________________________________________________
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 successor agent(s).
(___)    Each agent, while serving in that capacity, may appoint an individual to succeed to the agent’s office on the agent’s death, resignation, or incapacity; provided, however, that an appointment under this section becomes effective only when no other agent or successor agent designated by me is willing or able to act.
COMPENSATION (OPTIONAL)
Your agent is entitled to reimbursement for their expenses. Your agent is entitled to compensation ONLY IF you have INITIALED one of the options listed below:
(___)    My agent(s) is entitled to reasonable compensation.
(___)    My agent(s) is entitled to the following compensation:
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.
Tangible personal property, including motor vehicles, boats, planes, and other titled and untitled 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; and change the form of title of an interest in tangible personal 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; perform the acts necessary to enable the principal to qualify for a governmental benefit or program, including obtaining personal and financial records; 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 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 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; 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 matters – With respect to this subject:
(1)
My agent may act for me in all matters that affect a trust, probate estate, escrow, custodianship, or other fund to which I am now, claim to be, or later become entitled as a beneficiary, to a share or payment, including petitions, objections, waivers, consents, receipts, settlements, and other related agreements;
(2)
To the extent permitted in the trust agreement, my agent may consent to the amendment, revocation, or termination of a trust of which I am a beneficiary, or to the transfer of the assets of the trust into another trust for my benefit, and to enter into transactions with any trust created by me, for me, on my behalf, or in connection with gifts from me to others as provided in the paragraph below authorizing gifts; and to participate in either judicial or nonjudicial modification of a trust as permitted under § 14.5–111 of the Estates and Trusts Article; and
(3)
My agent may create and transfer property to an intervivos revocable or irrevocable trust for my sole benefit that on my death distributes the property in a manner consistent with my existing estate plan, if any, and in accordance with Maryland law.
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
(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.)
(A)
Gifts or transfers – ONLY IF I have INITIALED below, my agent may make gifts or transfer ownership of my assets outright or in trust to or for the benefit of one or more of the following persons and only in the amounts specifically authorized in the next section:
(___)    My agent, subject to the following conditions, if any:                      _________________________________________________________
_________________________________________________________
(___)    My spouse
(___)    My parents
(___)    My grandparents
(___)    My children and their descendants
(___)    A nonprofit or charitable organization in a manner consistent with my previous giving history
(___)    The people and charitable organizations, if any, named in my estate plan and in accordance with the terms of my estate plan that are in existence at the time the gift is made
(___)    My intestate heirs who would receive my estate under Maryland law if I died a resident of Maryland without a will
(___)    One or more of the following persons:
_________________________________________________________
_________________________________________________________
My agent is authorized to make gifts under this section in the following amounts ONLY IF I have INITIALED below:
(___)    In an amount not to exceed $_____ per person each calendar year to the persons, nonprofits, or charitable organizations that I have specified in the section above;
(___)    In an amount for each person I have specified in the section above not to exceed the annual dollar limits of the federal gift tax exclusion under § 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 for both spouses;
(___)    In an unlimited amount, for the purpose of estate planning or qualifying me for a governmental benefit or program, with such gifts to be made in a manner consistent with my existing estate plan, if any, and in accordance with State law.
Special instructions for gifting desires – You may give special instructions for gifting desires on the following lines: _____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(B)
Joint accounts and beneficiary designations – I authorize my agent to do one or more of the following ONLY IF I have INITIALED below:
(____) Open a joint account with me and one or more other persons as account owners. Each owner of a joint account has full legal authority to use the account for their own benefit and on my death will become the property of the other owner(s).
(____) Create or change rights of survivorship in accounts or other assets in which I have an interest, including for the benefit of my agent, to change a beneficiary designation for any accounts or financial instruments, including life insurance policies, annuities, or retirement accounts of any nature; and to waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan of any nature. In determining such rights or beneficiary interests, my agent shall consider taxes, preservation of governmental benefits or programs, or stated intentions regarding my estate.
DISCLAIMERS
For the purposes of tax planning or effectuating stated intentions regarding my estate, I authorize my agent to disclaim any interest in property I might otherwise receive, either outright or in trust, including for the benefit of my agent; any powers I have over property or as a beneficiary of any trusts (excluding any powers I possess in a fiduciary capacity); and any powers of appointment I have or may acquire excluding any testamentary power of appointment that I currently exercise in my last will and testament.
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
UNLESS I have specified a termination date below, this power of attorney IS DURABLE, meaning it shall continue in full force and effect for an indefinite period of time until my revocation of this power of attorney or my death, whichever occurs first. I reserve the right to revoke this power of attorney. This power of attorney shall not terminate upon my disability. All authority of my agent(s) shall continue even if I become disabled, incompetent, or incapacitated.
This power of attorney shall terminate on ______________________________, 20____.
(Use a specific calendar date)
COPIES
A copy of this document shall have the same force and effect as the original unless provided otherwise in special instructions.
REVOCATION
I hereby revoke all other powers of attorney that I have previously executed. This section does not apply to powers of attorney executed on the same date as this power of attorney or to limited powers of attorney that apply to specific accounts or to specific property.
RELIANCE BY THIRD PARTIES
Anyone relying or acting upon this power of attorney shall be entitled to presume conclusively that it is in full force and effect unless I have given written notice to that person or entity that this power has been revoked. No one relying or acting upon this power of attorney shall be required to see to the application and disposition of any funds or other property paid to or delivered to my agent or any persons appointed by my agent. I authorize my agent to seek damages against anyone who refused to honor this power of attorney without having received 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: _____________________________________________________
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.
____________________________________________
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”
Md. Code Ann., Est. & Trusts § 17-203 (2026)
Title 17. Maryland General and Limited Power of Attorney Act
Subtitle 2. Statutory Forms

§ 17–203Copy Citation

“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.
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: ___________________________________________________________
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;
(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 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
(___)    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:
(___)    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 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 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 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 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
(___)    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 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 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 necessary to enable the principal to qualify for a governmental benefit or program, including obtaining personal and financial records and, to the extent specifically 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
(___)    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
(___)    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 and Transfers – With respect to this subject, I authorize my agent to:
(___)    Make a gift or transfer to a person, or create and fund for the benefit of a person, including the principal, 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, an ABLE account as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A, or a special needs trust or any trust authorized under § 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 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)
In addition, my agent MAY do any of the following specific acts for me 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 actions I have authorized in section N of this power of attorney without restriction on the amount of the gift or transfer
(___)    Take any of the actions I have authorized in section N of this power of attorney in favor of my agent
(___)    Create and fund an inter vivos trust, 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 fund an ABLE account as defined under § 529A of the Internal Revenue Code, for the benefit of the principal or the principal’s family, heirs at law, or descendants, or any other person designated by the principal as a beneficiary under an existing will, trust, or other instrument
(___)    Amend, revoke, or terminate an existing inter vivos trust if the trust expressly authorizes that action 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 the principal in meeting the eligibility requirements and qualifying for a governmental benefit or program, including gifts to or in favor of my agent who is my spouse 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 Title 4, Subtitle 2 of the Estates and Trusts Article
LIMITATION ON AGENT’S AUTHORITY
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 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 ___________________________________________________________________________.
(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
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 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.”
Md. Code Ann., Est. & Trusts § 17-204 (2026)
Title 17. Maryland General and Limited Power of Attorney Act
Subtitle 2. Statutory Forms

§ 17–204Copy Citation

The following optional form may be used by an agent to certify facts concerning a power of attorney:
“AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY
State of Maryland
(County) of___________________________
I, __________________________________ (Name of Agent), certify under penalty of perjury that _________________________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________.
I further certify that to my knowledge:
(1)
The principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2)
If the power of attorney was drafted to become effective on the happening of an event or contingency, the event or contingency has occurred;
(3)
If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)
____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________     __________________________
Agent’s Signature                            Date
____________________________________________
Agent’s Name Printed
____________________________________________
____________________________________________
Agent’s Address
____________________________________________
Agent’s Telephone Number
This document was acknowledged before me on __________________________,
(Date)
by________________________________________.
(Name of Agent)
____________________________________________    (Seal, if any)
Signature of Notary
My commission expires: ___________________
This document prepared by:
______________________________________________________________________________.”