Terms Used In Maryland Code, FINANCIAL INSTITUTIONS 12-602

  • Fiduciary: A trustee, executor, or administrator.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(a) In this section, “fiduciary” includes the fiduciary‘s successor.

(b) Except as provided in subsection (c) of this section, if a safe-deposit company rents a safe-deposit box to a fiduciary, the safe-deposit company may not permit access to the safe-deposit box:

(1) By any person other than the fiduciary; and

(2) If the safe-deposit box is rented to two or more fiduciaries, by less than all of the fiduciaries in person.

(c) The safe-deposit company may permit access to the safe-deposit box by:

(1) Any individual authorized by all of the fiduciaries, in accordance with a rental agreement, written power of attorney, or other written authority signed by each fiduciary and filed with the safe-deposit company; and

(2) Less than all of the fiduciaries, in accordance with a rental agreement, written power of attorney, or other written authority signed by the remaining fiduciaries and filed with the safe-deposit company.