Maryland HB 92: Maryland General and Limited Power of Attorney Act – Assistance With Governmental Benefits and Programs

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0092*

HOUSE BILL 92
N2 2lr0391
HB 870/21 – JUD (PRE–FILED)
By: Delegate Hill
Requested: August 18, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 15, 2022

CHAPTER ______

AN ACT concerning 1

Maryland General and Limited Power of Attorney Act – Assistance With 2
Governmental Benefits and Programs 3

FOR the purpose of altering certain statutory forms for a power of attorney to include 4
certain provisions relating to the authority of an agent to perform certain acts 5
relating to eligibility and qualifications for certain governmental benefits or 6
programs; altering a certain provision in a certain statutory form for a limited power 7
of attorney relating to the authority of an agent to make a gift of part or all of a 8
principal’s property or to take certain actions with respect to certain trusts under 9
certain circumstances; and generally relating to powers of attorney. 10

BY repealing and reenacting, with amendments, 11
Article – Estates and Trusts 12
Section 17–202 and 17–203 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Estates and Trusts 18

17–202. 19

2 HOUSE BILL 92

“MARYLAND STATUTORY FORM 1

PERSONAL FINANCIAL POWER OF ATTORNEY 2

IMPORTANT INFORMATION AND WARNING 3

You should be very careful in deciding whether or not to sign this document. The powers 4
granted by you (the principal) in this document are broad and sweeping. This power of 5
attorney authorizes another person (your agent) to make decisions concerning your 6
property for you (the principal). Your agent will be able to make decisions and act with 7
respect to your property (including your money) whether or not you are able to act for 8
yourself. 9

You should select someone you trust to serve as your agent. Unless you specify otherwise, 10
generally the agent’s authority will continue until you die or revoke the power of attorney 11
or the agent resigns or is unable to act for you. 12

You need not grant all of the powers listed below. If you choose to grant less than all of the 13
listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney 14
and mark on that Maryland Statutory Form Limited Power of Attorney which powers you 15
intend to delegate to your attorney–in–fact (the Agent) and which you do not want the 16
Agent to exercise. 17

This power of attorney becomes effective immediately unless you state otherwise in the 18
Special Instructions. 19

You should obtain competent legal advice before you sign this power of attorney if you have 20
any questions about the document or the authority you are granting to your agent. 21

DESIGNATION OF AGENT 22

This section of the form provides for designation of one agent. 23

If you wish to name coagents, skip this section and use the next section (“Designation of 24
Coagents”). 25

I, ___________________________________________________________________________, 26

(Name of Principal) 27

Name the following person as my agent: 28

Name of Agent: _______________________________________________________________ 29

Agent’s Address: ______________________________________________________________ 30

Agent’s Telephone Number: ___________________________________________________ 31

HOUSE BILL 92 3

DESIGNATION OF COAGENTS (OPTIONAL) 1

This section of the form provides for designation of two or more coagents. Coagents are 2
required to act together unanimously unless you otherwise provide in this form. 3

I, ___________________________________________________________________________, 4

(Name of Principal) 5

Name the following persons as coagents: _______________________________________ 6

Name of Coagent: ____________________________________________________________ 7

Coagent’s Address: ___________________________________________________________ 8

Coagent’s Telephone Number: _________________________________________________ 9

Name of Coagent: ____________________________________________________________ 10

Coagent’s Address: ___________________________________________________________ 11

Coagent’s Telephone Number: _________________________________________________ 12

Special Instructions Regarding Coagents: _______________________________________ 13
___________________________________________________________________________________ 14
___________________________________________________________________________________ 15
____________________________________________________________________ 16

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 17