reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-606 - Deceased Users -- Disclosures to Personal Representative

If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:
(1)    A written request for disclosure in physical or electronic form;
(2)    A copy of the certificate of the user’s death;
(3)    A copy of the letters of administration of the personal representative or court order appointing a special administrator;
(4)    Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii)    Evidence linking the account to the user; or
(iii)    A finding by the court that:
1.    The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;
2.    Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;
3.    Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
4.    Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-607 - Deceased Users -- Disclosure of Catalogue of Electronic Communications to Personal Representative

Unless a user prohibited disclosure of digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of the user a catalogue of electronic communications sent or received by the user and the digital assets of the user, other than the content of the electronic communications, if the personal representative provides the custodian:
(1)    A written request for disclosure in physical or electronic form;
(2)    A copy of the certificate of the user’s death;
(3)    A copy of the letters of administration of the personal representative or court order appointing a special administrator; and
(4)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii)    Evidence linking the account to the user;
(iii)    An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(iv)    A finding by the court that:
1.    The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item; or
2.    Disclosure of the  catalogue of electronic communications of the user is reasonably necessary for administration of the estate.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-608 - Disclosures by Custodian by Agent; Requirements

To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or a court, a custodian shall disclose to the agent the content if the agent provides the custodian:
(1)    A written request for disclosure in a physical or electronic form;
(2)    An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3)    A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(ii)    Evidence linking the account to the principal.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-609 - Disclosures by Custodian by Agent -- Catalogue of Electronic Communications

Unless otherwise ordered by a court, directed by a principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent provides the custodian:
(1)    A written request for disclosure in physical or electronic form;
(2)    An original or copy of the power of attorney that grants the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3)    A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(ii)    Evidence linking the account to the principal.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-610 - Disclosure of Digital Assets of Account Held in Trust -- to Original User Trustee

Unless otherwise ordered by a court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account the digital assets of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-611 - Disclosure of Content of Electronic Communication of User -- to Trustee Not Original User; Requirements

Unless otherwise ordered by a court, directed by a user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee provides the custodian:
(1)    A written request for disclosure in physical or electronic form;
(2)    A copy of the trust instrument or certification of the trust under § 14.5–910 of this article that includes consent to disclosure of the content of electronic communications to the trustee;
(3)    A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(ii)    Evidence linking the account to the trust.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-612 - Disclosure of Catalogue of Electronic Communication and Assets of User -- to Trustee Not Original User; Requirements

Unless otherwise ordered by a court, directed by a user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user or stored, carried, or maintained by the custodian in an account of the trust and the digital assets, other than electronic communications, in which the trust has a right or interest if the trustee provides the custodian:
(1)    A written request for disclosure in physical or electronic form;
(2)    A copy of the trust instrument or certification of the trust under § 14.5–910 of this article;
(3)    A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(ii)    Evidence linking the account to the trust.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-613 - Disclosures to Guardians of Protected Persons

(a)    After an opportunity for hearing under Title 13, Subtitle 2 or Title 13, Subtitle 7 of this article, a court may grant a guardian access to the digital assets of the protected person for whom the guardian has been appointed.
(b)    Unless otherwise ordered by a court or directed by a user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the protected person and the digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian provides the custodian:
(1)    A written request for disclosure in physical or electronic form;
(2)    A copy of the court order that gives the guardian authority over the digital assets of the protected person; and
(3)    If requested by the custodian:
(i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the protected person’s account; or
(ii)    Evidence linking the account to the protected person.
(c)    (1)    A guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause.
(2)    A request made under this subsection shall be accompanied by a copy of the court order granting the  guardian authority over the protected person’s property.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-614 - Rights and Duties of Fiduciaries

(a)    The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1)    The duty of care;
(2)    The duty of loyalty; and
(3)    The duty of confidentiality.
(b)    A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:
(1)    Except as otherwise provided in § 15–603 of this subtitle, is subject to the applicable terms of service;
(2)    Is subject to other applicable law, including copyright law;
(3)    In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
(4)    May not be used to impersonate the user.
(c)    A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access a digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms–of–service agreement.
(d)    A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer–fraud and unauthorized–computer–access laws, including § 7–302 of the Criminal Law Article.
(e)    A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(1)    Has the right to access the property and the digital assets stored in it; and
(2)    Is an authorized user for the purpose of computer–fraud and unauthorized–computer–access laws, including § 7–302 of the Criminal Law Article.
(f)    A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g)    (1)    A fiduciary of a user may request a custodian to terminate the user’s account.
(2)    The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form, accompanied by:
(i)    If the user is deceased, a copy of the death certificate of the user;
(ii)    A copy of the letters of administration of the personal representative or court order appointing a special administrator, power of attorney, or trust granting the fiduciary authority over the account; and
(iii)    If requested by the custodian:
1.    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
2.    Evidence linking the account to the user; or
3.    A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item 1 of this item.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-615 - Compliance With Request for Disclosure of Assets or Termination of Account From Fiduciary or Designated Recipient

(a)    (1)    No later than 60 days after receipt of the information required under §§ 15–606 through 15–613 of this subtitle, a custodian shall comply with a request under this subtitle from a fiduciary or designated recipient to disclose digital assets or terminate an account.
(2)    If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to a court for an order directing compliance.
(b)    An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(c)    A custodian may notify the user that a request for disclosure or termination of an account was made under this subtitle.
(d)    A custodian may deny a request under this subtitle from a fiduciary or designated recipient for disclosure of digital assets or termination of an account if the custodian is aware of any lawful access to the account following receipt of the fiduciary’s request.
(e)    This subtitle does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this subtitle to obtain a court order that:
(1)    Specifies that an account belongs to the protected person or principal;
(2)    Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure or termination; and
(3)    Contains a finding required by law other than this subtitle.
(f)    A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-616 - Construction With Revised Uniform Fiduciary Access to Digital Assets Act as Adopted by Other States

In applying and construing this subtitle, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-617 - Construction With Federal Electronic Signatures in Global and National Commerce Act

This subtitle modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-618 - Applicability

This subtitle applies to:
(1)    A fiduciary acting under a will or power of attorney executed before, on, or after October 1, 2016;
(2)    A personal representative acting for a decedent who died before, on, or after October 1, 2016;
(3)    A guardianship proceeding, whether pending in a court or commenced before, on, or after October 1, 2016;
(4)    A trustee acting under a trust created before, on, or after October 1, 2016; and
(5)    A custodian if the user resides in this State or resided in this State at the time of the user’s death.
2023 Maryland Statutes › Estates and Trusts › Title 15 - Fiduciaries › Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act › Section 15-619 - Severability

If a provision of this subtitle or its application to a person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this subtitle that can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-101 - Definitions

(a)    In this title the following terms have the meanings indicated unless the context otherwise requires.
(b)    “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the death of the owner.
(c)    “Devisee” means any person designated in a will to receive a disposition of real or personal property.
(d)    “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(e)    “Personal representative” includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(f)    “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(g)    “Register”, including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(h)    “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker or trust company maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(i)    (1)    “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer.
(2)    “Security” includes a certificated security, an uncertificated security, and a security account.
(j)    (1)    “Security account” means:
(i)    A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death;
(ii)    A cash balance or other property held for or due to the owner of security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death; or
(iii)    A securities account maintained by a trust company for one or more customers.
(2)    “Security account” does not include:
(i)    An account as defined in § 1–204(b)(2) of the Financial Institutions Article; or
(ii)    A securities account held by a trust company as a fiduciary as defined in § 15–101 of this article.
(k)    “Trust company” has the meaning stated in § 1-101 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-102 - Registration in Beneficiary Form -- Sole or Joint Tenancy Ownership

(a)    Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form.
(b)    Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-103 - Registration in Beneficiary Form -- Applicable Law

(a)    A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration.
(b)    A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-105 - Registration in Beneficiary Form -- Form

Registration in beneficiary form may be shown by the words “transfer-on-death” or the abbreviation “TOD”, or by the words “pay on death” or the abbreviation “POD”, after the name of the registered owner and before the name of a beneficiary.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-106 - Registration in Beneficiary Form -- Effect

(a)    The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death.
(b)    A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-107 - Ownership on Death of Owner

(a)    On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners.
(b)    On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners.
(c)    Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common.
(d)    If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-108 - Protection of Registering Entity

(a)    (1)    A registering entity is not required to offer or to accept a request for security registration in beneficiary form.
(2)    If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this title.
(b)    By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this title.
(c)    (1)    A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with § 16–107 of this title and does so in good faith reliance on:
(i)    The registration;
(ii)    This title; and
(iii)    Information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity.
(2)    The protections of this title do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form.
(3)    No other notice or other information available to the registering entity affects its right to protection under this title.
(d)    The protection provided by this title to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-109 - Nontestamentary Transfer-on-Death; Rights of Creditors

(a)    A transfer-on-death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this title and is not testamentary.
(b)    This title does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-110 - Terms, Conditions, and Forms for Registration

(a)    (1)    A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for:
(i)    Registrations in beneficiary form; and
(ii)    Implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary.
(2)    The terms and conditions established under this subsection may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death.
(3)    (i)    Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes”.
(ii)    This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate.
(4)    Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
(b)    The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1)    Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.
(2)    Multiple owners-sole beneficiary: John S. Brown, Mary B. Brown Jt. Ten. TOD John S. Brown, Jr.
(3)    Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown, Mary B. Brown Jt. Ten. TOD, John S. Brown, Jr. Sub Bene Peter Q. Brown or John S. Brown, Mary B. Brown Jt. Ten. TOD, John S. Brown, Jr. LDPS.
2023 Maryland Statutes › Estates and Trusts › Title 16 - Maryland Uniform Transfer-on-Death Security Registration Act › Section 16-111 - Short Title; Rules of Construction

(a)    This title may be cited as the Maryland Uniform TOD Security Registration Act.
(b)    This title shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this title among states enacting it.
(c)    Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 of the principal, or, on the death of the principal, by the personal representative or successor in interest of the principal’s estate.
(b)    (1)    If a request as described in subsection (a) of this section is made, within 30 days after the request is made, the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
(2)    A principal or an interested person may file a petition under Title 15, Chapter 500 of the Maryland Rules in the circuit court for the county in which the power of attorney is recorded to enjoin an agent to comply with this section.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 individual who would qualify as a presumptive heir of the principal;
(6)    A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;
(7)    A governmental agency having regulatory authority to protect the welfare of the principal;
(8)    The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and
(9)    A person asked to accept the power of attorney.
(b)    On motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 attorney; and
(2)    Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms.
(d)    Any act done by the attorney in fact or agent in accordance with the power of attorney during any period of disability or incompetence of the principal or during any period of uncertainty as to whether the principal is dead or alive has the same effect and inures to the benefit of and binds the principal as if the principal were alive, competent, and not disabled.
(e)    (1)    If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal.
(2)    The guardian has the same power the principal would have but for the principal’s disability or incompetence to revoke, suspend, or terminate all or any part of the power of attorney or agency.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 attorney or agency.
(2)    Unless otherwise invalid or unenforceable, any action taken by the attorney in fact, agent, or other person who acts in good faith under the power of attorney or agency binds the principal and the principal’s heirs, legatees, and personal representatives.
(b)    (1)    In the absence of fraud, an affidavit executed by the attorney in fact or agent and stating that the attorney in fact or agent did not have, at the time of doing an act in accordance with the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence, is conclusive proof of the nonrevocation or nontermination of the power at that time.
(2)    If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
(c)    This section may not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 revoke the power of attorney, unless the instrument otherwise provides.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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:
(1)    The law of the jurisdiction that determines the meaning and effect of the power of attorney; or
(2)    The requirements for a military power of attorney in accordance with 10 U.S.C. § 1044b.
(c)    (1)    Except as otherwise provided by law other than this title and subject to paragraph (2) of this subsection, a photocopy or electronically transmitted copy of an original power of attorney is as valid and binding as the original power of attorney.
(2)    A clerk of court may refuse to record a photocopy or electronically transmitted copy of an original power of attorney.
(d)    (1)    A principal may delegate to one or more agents the authority to do any act specified in the statutory forms in Subtitle 2 of this title.
(2)    Notwithstanding paragraph (1) of this subsection, if a principal designates one or more coagents, all coagents shall act together unanimously unless the power of attorney otherwise provides.
(3)    The acts specified in the statutory forms may not, notwithstanding paragraph (1) of this subsection, be deemed to invalidate or limit the validity of other authorized acts that a principal may delegate to an agent.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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, regardless of whether the power is held for the benefit of the agent or another person, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2)    An advance directive appointing a health care agent under Title 5, Subtitle 6 of the Health – General Article or any other power to make health care decisions;
(3)    A proxy or other delegation to exercise any right with respect to an entity, including voting rights or management rights or both, or a delegation of authority to execute, become a party to, or amend a document or agreement governing an entity or entity ownership interest;
(4)    A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;
(5)    A power created as part of, or in connection with, an agreement establishing an attorney and client relationship;
(6)    A power of attorney that states that it is not subject to this title;
(7)    A power authorizing another to prepare, execute, deliver, submit, or file, on behalf of an entity or the governing body or management of an entity, a document or instrument with a government or governmental subdivision, agency, or instrumentality or with a third party;
(8)    A power or other delegation of authority contained in a document or agreement governing or binding on an entity that authorizes a person to take action with respect to the entity; and
(9)    A power with respect to an entity created in accordance with authorization provided by a federal or State statute that specifically contemplates creation of the power.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c)    If a power of attorney becomes effective on the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective on a determination in a writing or other record by:
(1)    A physician or licensed psychologist that the principal is incapacitated within the meaning of § 17–101(c) of this subtitle; or
(2)    An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 17–101(c) of this subtitle.
(d)    A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative to obtain access to the principal’s health–care information and communicate with the principal’s health–care provider in accordance with:
(1)    The Health Insurance Portability and Accountability Act;
(2)    Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended; and
(3)    Applicable regulations.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b)    An agent’s authority terminates when:
(1)    The principal revokes the authority;
(2)    The agent dies, becomes incapacitated, or resigns;
(3)    An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(4)    The power of attorney terminates.
(c)    Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b) of this section, even if there has been a lapse of time since the execution of the power of attorney.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 1 - General Provisions › 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 reasonable under the circumstances or on another basis as set forth in the power of attorney.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 2 - Statutory Forms › Section 17-201 - Statutory Form

(a)    A document substantially in one of the forms set forth in this subtitle may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this title.
(b)    A document substantially in one of the forms set forth in this subtitle in effect on the date the document is executed shall continue to have the meaning and effect prescribed by this title, notwithstanding enactment of legislation altering that statutory form after the date the document is executed.
2023 Maryland Statutes › Estates and Trusts › Title 17 - Maryland General and Limited Power of Attorney Act › Subtitle 2 - Statutory Forms › 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 an agent or successor agent in a power of attorney dated ________________________.
I further certify that to my knowledge:
(1)    The principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2)    If the power of attorney was drafted to become effective on the happening of an event or contingency, the event or contingency has occurred;
(3)    If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)    ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________     __________________________
Agent’s Signature                            Date
____________________________________________
Agent’s Name Printed
____________________________________________
____________________________________________
Agent’s Address
____________________________________________
Agent’s Telephone Number
This document was acknowledged before me on __________________________,
(Date)
by________________________________________.
(Name of Agent)
____________________________________________    (Seal, if any)
Signature of Notary
My commission expires: ___________________
This document prepared by:
______________________________________________________________________________.”
2023 Maryland Statutes › Estates and Trusts › Title 18 - Supported Decision Making › Section 18-101

(a)    In this title the following words have the meanings indicated.
(b)    “Supported decision making” means a process by which an adult, with or without having entered a supported decision–making agreement, utilizes support from a series of relationships in order to make, communicate, or effectuate the adult’s own life decisions.
(c)    “Supported decision–making agreement” means an arrangement between an adult and a supporter or supporters that describes:
(1)    How the adult uses supported decision making to make decisions;
(2)    The rights of the adult; and
(3)    The responsibilities of the supporter or supporters.
(d)    “Supporter” means an individual selected by an adult to provide support in making, communicating, or effectuating the adult’s own life decisions.
2023 Maryland Statutes › Estates and Trusts › Title 18 - Supported Decision Making › Section 18-102

(a)    The purpose of this title is to assist adults by:
(1)    Obtaining support for the adult in making, communicating, or effectuating decisions that correspond to the will, preferences, and choices of the adult; and
(2)    Preventing the need for the appointment of a substitute decision maker for the adult, including a guardian of the person or property.
(b)    This title shall be liberally construed and applied to promote its underlying purposes and policies.