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Statutes Text

Article - Estates and Trusts




§17–110.

    (a)    Except as provided in subsection (e) of this section, a power of attorney executed on or after October 1, 2010, shall be:

        (1)    In writing;

        (2)    Signed by the principal or by some other person for the principal, in the physical presence of the principal, and at the express direction of the principal;

        (3)    Acknowledged by the principal in the physical or electronic presence of a notary public; and

        (4)    Attested and signed by two or more adult witnesses who sign in:

            (i)    The physical presence of the principal and each other; or

            (ii)    The electronic presence of the principal and each other or any combination of physical or electronic presence.

    (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:

        (1)    At the time the principal and witnesses sign the power of attorney, the principal and all witnesses shall be in the physical presence or electronic presence of one another and a supervising attorney, who may be one of the witnesses;

        (2)    At the time the principal signs the power of attorney, the principal shall be a resident of, or physically located in, the State;

        (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;

        (4)    The principal and witnesses shall sign the same power of attorney or any counterpart thereof; and

        (5)    The supervising attorney shall create a certified power of attorney that shall include:

            (i)    A true, complete, and accurate paper version of all pages of the power of attorney, including the original signatures and electronic signatures of the principal and all witnesses; and

            (ii)    A signed original paper certification by the supervising attorney stating the date that the supervising attorney observed the principal and witnesses sign the power of attorney and that the supervising attorney took reasonable steps to verify:

                1.    That the certified power of attorney includes a true, complete, and accurate paper version of all pages of the power of attorney;

                2.    That the signatures contained in the certified power of attorney are the original signatures of each party signing the same paper power of attorney, or any counterpart thereof, and the electronic signatures of each party signing the same electronic power of attorney, or any counterpart thereof;

                3.    That the principal and each of the witnesses signed the same power of attorney or any counterparts thereof;

                4.    The identity of the principal, and that the principal was a resident of, or was physically located in, the State at the time the principal signed the power of attorney; and

                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.

        (2)    The date of execution for the power of attorney described under paragraph (1) of this subsection shall be the date of execution as stated in the certified power of attorney.

    (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.



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