Section 17-204 – Statutory Form — Agent’s Certification of Validity and Authority
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 […]
Section 17-106 – Revocation or Termination of Power of Attorney
(a) (1) The death, disability, or incompetence of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of […]
Section 17-107 – Effect of Power of Attorney Executed by Member of Armed Services
If any member of the armed services of the United States has executed a power of attorney, the fact that that person has been reported or listed, officially or otherwise, as “missing in action”, as that phrase is used to describe a casualty category applicable to members of the armed services, does not operate to […]
Section 17-108 – General Consideration
(a) A power of attorney executed in this State is valid and enforceable as to persons dealing with the agent. (b) A power of attorney executed other than in this State is valid and enforceable in this State as to persons dealing with the agent if, when the power of attorney was executed, the execution complied with: […]
Section 17-109 – Scope of Title; Exceptions
(a) Except as provided in subsection (b) of this section, this title applies to all powers of attorney. (b) Except as provided in § 17–105 of this subtitle, this title does not apply to: (1) A power that is coupled with an interest in the subject of the power, is given as security, or is given for consideration, […]
Section 17-110 – Requirements
(a) Except as provided in subsection (e) of this section, a power of attorney executed on or after October 1, 2010, shall be: (1) In writing; (2) Signed by the principal or by some other person for the principal, in the physical presence of the principal, and at the express direction of the principal; (3) Acknowledged by the principal […]
Section 17-111 – When Power Becomes Effective
(a) A power of attorney is effective when executed, unless the principal provides in the power of attorney that it becomes effective at a future date or on the occurrence of a future event or contingency. (b) If a power of attorney becomes effective on the occurrence of a future event or contingency, the principal, in the […]
Section 17-112 – Termination
(a) A power of attorney terminates when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of attorney provides that it terminates; (5) The purpose of the power of attorney is accomplished; or (6) The principal revokes the agent’s authority or the agent […]
Section 17-113 – Duties of Agent
(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; (2) Act with care, competence, and diligence for the best interest of the principal; and (3) Act only within […]
Section 17-114 – Reimbursement for Expenses; Compensation
(a) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but the agent is not entitled to compensation. (b) If the principal indicates in the power of attorney that the agent is entitled to compensation, the agent may receive compensation based on what is […]