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 […]
Section 17-115 – Construction With Other Laws
This title does not supersede other laws applicable to financial institutions or other entities, and to the extent those other laws are inconsistent with the title, the other laws prevail.
Section 17-116 – Short Title
This title may be cited as the Maryland General and Limited Power of Attorney Act.
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 […]