2018 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:

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)

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)

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

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

(2) Contract with another person, on terms agreeable to the agent, to

(3) Execute, acknowledge, seal, deliver, file, or record any instrument

(4) Initiate, participate in, submit to alternative dispute resolution,

(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

(9) Access communications intended for, and communicate on behalf of the

(10) Do lawful acts with respect to the subject and all property related

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

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

(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

( ) 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:

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,

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

(2) Determine:

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

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

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:

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

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

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

regulation including Social Security, Medicare, and Medicaid) -- With respect

to this subject, I authorize my agent to:

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

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:

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:

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:

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

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

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

(1) Do what you know the principal reasonably expects you to do with the

(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

(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you

(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

(5) Attempt to preserve the principal's estate plan if you know the plan and

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

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."