§ 17-110. Execution of power of attorney
West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2021
Effective: October 1, 2021
MD Code, Estates and Trusts, § 17-110
§ 17-110. Execution of power of attorney
(a) Except as provided in subsection (e) of this section, a power of attorney executed on or after October 1, 2010, shall be:
(b) The notary public before whom the principal acknowledges the power of attorney may also serve as one of the two or more adult witnesses and may use communication technology under § 18-214 of the State Government Article for that purpose.
(c) Except for an electronic power of attorney used in connection with a real estate transaction, an electronic power of attorney or a remotely witnessed power of attorney executed under this subsection shall satisfy the following additional requirements:
(3) Each witness who is in the electronic presence of the principal when the witness attests and signs the power of attorney, or provides an electronic signature on the power of attorney, shall be a resident of the United States and physically located in the United States at the time the witness attests and signs the power of attorney;
5. The identity of each witness, and that each witness who was not in the physical presence of the principal when the witness attested and signed the power of attorney, or provided an electronic signature on the power of attorney, was a resident of the United States and physically located in the United States at the time the witness attested and signed the power of attorney.
(d)(1) Once the supervising attorney creates a certified power of attorney if required under subsection (c) of this section, the certified power of attorney shall be deemed to be the original power of attorney of the principal for all purposes under this article.
(e)(1) A power of attorney executed in conformance with the provisions of Executive Order 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, shall be deemed to have been signed and witnessed in conformity with this section if the power of attorney was signed and witnessed during the time that the executive order was in effect.
(2) The notarization of a power of attorney in conformance with the provisions of Executive Order 20.03.30.04, authorizing remote notarizations, shall be deemed to have been signed and witnessed in conformity with this section if the power of attorney was signed and witnessed during the time that the executive order was in effect and the notary public acting under the order may have served as one of the witnesses.
Credits
Added by Acts 2010, c. 689, § 1, eff. Oct. 1, 2010; Acts 2010, c. 690, § 1, eff. Oct. 1, 2010. Amended by Acts 2019, c. 407, § 1, eff. Oct. 1, 2020; Acts 2021, c. 686, § 1, eff. Oct. 1, 2021.
MD Code, Estates and Trusts, § 17-110, MD EST & TRST § 17-110
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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