Maryland 2023 Regular Session

Maryland Senate Bill SB851

Introduced
2/6/23  
Refer
2/6/23  
Report Pass
3/16/23  
Engrossed
3/17/23  
Refer
3/20/23  
Report Pass
4/7/23  
Enrolled
4/10/23  
Chaptered
5/16/23  

Caption

Maryland General and Limited Power of Attorney Act - Alterations

Impact

By modifying the statutory power of attorney forms, SB851 aims to clarify the roles and responsibilities of agents while granting them broader authority over important aspects of a principal's financial matters. This legislation is designed to simplify the process for individuals, especially the elderly or those with disabilities, who may require assistance in navigating complex governmental benefits systems. The bill is expected to facilitate smoother interactions between principals and their agents, making it easier to claim and manage such benefits effectively.

Summary

Senate Bill 851 amends the Maryland General and Limited Power of Attorney Act, particularly focusing on enhancements to the statutory form for a general power of attorney. The bill includes provisions that inform the principal and the agent about various powers related to tangible personal property, trusts, and estates. Additionally, it allows principals to grant agents specific powers related to managing governmental benefits and programs, including the authority to apply for and manage claims for benefits such as Social Security and Medicare.

Sentiment

The sentiment surrounding SB851 appears to be largely positive, with support from various advocacy groups that recognize its potential to help individuals manage their affairs better. Lawmakers have expressed confidence that the amendments will enhance the clarity and utility of the power of attorney forms, thereby protecting the rights and assets of principals. However, some critics may raise concerns about the potential for misuse of the expanded powers granted to agents, suggesting an ongoing need for safeguards.

Contention

Notable points of contention include the potential risks associated with granting agents broader powers, especially the authority related to gifting and transferring the principal's assets. Critics argue that while the bill aims to empower agents, it may also create opportunities for exploitation if proper checks are not instituted. The balance between ensuring convenience for principals and safeguarding against potential abuses by agents must be carefully managed as the bill is implemented.

Companion Bills

MD HB18

Crossfiled Maryland General and Limited Power of Attorney Act - Alterations

Previously Filed As

MD SB1005

Maryland-National Capital Park and Planning Commission General Counsel and Powers of Local Planning Boards - Alterations

MD HB2161

AN ACT Relating to the general powers and duties of the attorney general's office;

MD SB5925

Concerning the general powers and duties of the attorney general’s office.

MD SB683

Catastrophic Event Account and Federal Government Shutdown Employee Assistance Loan Fund, Protection of Federal Benefits, and Powers of the Attorney General - Alterations (Protect Our Federal Workers Act)

MD A11332

Relates to certain powers of the attorney general

MD HB0487

Maryland Technology Development Corporation - Investments - Alterations

MD HB1378

Corporations and Associations - Limitations on Election and Ballot Issue Activities (Maryland Corporate Power Reset Act)

MD SB294

Maryland Cybersecurity Council - Alterations

MD HB376

Maryland Cybersecurity Council - Alterations

MD HB992

Business Regulation - Maryland Franchise Registration and Disclosure Law - Alterations (Franchise Reform Act)

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