26-107 - Personal and family maintenance.
§ 26-107. Personal and family maintenance.
A. Unless the power of attorney otherwise provides, language in a power ofattorney granting general authority with respect to personal and familymaintenance authorizes the agent to:
1. Perform the acts necessary to maintain the customary standard of living ofthe principal, the principal's spouse, and the following individuals, whetherliving when the power of attorney is executed or later born:
a. [Reserved.]
b. The individuals legally entitled to be supported by the principal; and
c. The individuals whom the principal has customarily supported or indicatedthe intent to support;
2. Make periodic payments of child support and other family maintenancerequired by a court or governmental agency or an agreement to which theprincipal is a party;
3. Provide living quarters for the individuals described in subdivision A 1by:
a. Purchase, lease, or other contract; or
b. Paying the operating costs, including interest, amortization payments,repairs, improvements, and taxes, for premises owned by the principal oroccupied by those individuals;
4. Provide normal domestic help, usual vacations and travel expenses, andfunds for shelter, clothing, food, appropriate education, includingpostsecondary and vocational education, and other current living costs forthe individuals described in subdivision A 1;
5. Pay expenses for necessary health care and custodial care on behalf of theindividuals described in subdivision A 1;
6. Act as the principal's personal representative pursuant to the HealthInsurance Portability and Accountability Act, §§ 1171 through 1179 of theSocial Security Act, 42 U.S.C. § 1320d, as amended, and applicableregulations, in making decisions related to the past, present, or futurepayment for the provision of health care consented to by the principal oranyone authorized under the law of the Commonwealth to consent to health careon behalf of the principal;
7. Continue any provision made by the principal for automobiles or othermeans of transportation, including registering, licensing, insuring, andreplacing them, for the individuals described in subdivision A 1;
8. Maintain credit and debit accounts for the convenience of the individualsdescribed in subdivision A 1 and open new accounts; and
9. Continue payments incidental to the membership or affiliation of theprincipal in a religious institution, club, society, order, or otherorganization or to continue contributions to those organizations.
B. Authority with respect to personal and family maintenance is neitherdependent upon, nor limited by, authority that an agent may or may not havewith respect to gifts under this act.
(2010, cc. 455, 632.)