Section 17-102 – Agent Not Required to Make Disclosures Except on Request of Court or Certain Parties
(a) Except as otherwise provided in a power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare […]
Section 17-103 – Petition for Construction of Power of Attorney
(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal; (3) A person authorized to make health care decisions for the principal; (4) The principal’s spouse, parent, or descendant; (5) An […]
Section 17-104 – Statutory Form Mandatory; Violations; Penalties
(a) A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney. (b) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to: (1) A court order mandating acceptance of the power of […]
Section 17-105 – Durable Power of Attorney
(a) In this section, “durable power of attorney” means a power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal’s subsequent disability or incapacity. (b) This section applies to all powers of attorney. (c) When a principal designates another as an attorney in fact […]
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 […]