2017 Maryland Code
Estates and Trusts
Title 17 - Maryland General and Limited Power of Attorney Act
Subtitle 2 - Statutory Forms
§ 17-203. 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

(Name of Principal)

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 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)

• 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

• 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

• • (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

• ( ) 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,

• (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

( ) 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

• ( ) 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

• (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

• ( ) 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

• ( ) 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,

• ( ) 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

• (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

• ( ) 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,

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

  ( ) All of the above

  • I. Claims and Litigation -- With respect to this subject, I authorize my

• ( ) 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

• ( ) 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

• (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

( ) 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

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

  ( ) Enroll in, apply for, select, reject, change, amend, or

  discontinue, on the principal's behalf, a benefit or program

  ( ) Prepare, file, and maintain a claim of the principal for a benefit

  or assistance, financial or otherwise, to which the principal may be entitled

  under a statute or regulation

  ( ) Initiate, participate in, submit to alternative dispute

  resolution, settle, oppose, or propose or accept a compromise with respect to

  litigation concerning a benefit or assistance the principal may be entitled to

  receive under a statute or regulation

  ( ) 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,

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

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 (including gifts to a trust, an account under the Uniform

defined under Internal Revenue Code Section 529, 26 U.S.C. § 529, and an ABLE

account as defined under Internal Revenue Code Section 529A, 26 U.S.C. § 529A)

-- With respect to this subject, I authorize my agent to:

• ( ) Make outright to, or for the benefit of, a person, a gift 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

• (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

( ) All of the above

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS 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.)

  ( ) Create an inter vivos trust, or 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

  ( ) 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

  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)

• ____

  ____

  ____

  ____

  ____

  ____

  ____

  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

• 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."