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§ 17-108. Validity and enforceability of power of attorney

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2012

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 17. Maryland General and Limited Power of Attorney Act (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Effective: October 1, 2012
MD Code, Estates and Trusts, § 17-108
§ 17-108. Validity and enforceability of power of attorney
Power of attorney executed in State
(a) A power of attorney executed in this State is valid and enforceable as to persons dealing with the agent.
Power of attorney executed outside State
(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.
Photocopies or electronically transmitted copies
(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.
Delegation of authority
(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.

Credits

Added by Acts 2010, c. 689, § 1, eff. Oct. 1, 2010; Acts 2010, c. 690, § 1, eff. Oct. 1, 2010. Amended by Acts 2012, c. 84, § 1, eff. Oct. 1, 2012; Acts 2012, c. 85, § 1, eff. Oct. 1, 2012.
MD Code, Estates and Trusts, § 17-108, MD EST & TRST § 17-108
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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