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Terms Used In Maryland Code, ESTATES AND TRUSTS 17-104

  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(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.