What Is a Maryland Power of Attorney?
A Maryland power of attorney (POA) is a legally binding agreement between the principal and their designated agent. The agent may handle financial, medical, or legal situations on the principal’s behalf. In Maryland, the principal must be at least 18 and competent when creating their POA.
Use our free Maryland power of attorney forms to name your agent and protect your interests. Our state-compliant forms make it easy to create an agreement that meets your needs.
Types of Powers of Attorney in Maryland
Maryland recognizes a variety of types of powers of attorney. The specific forms provide more detailed terms and legal considerations applicable to your intended purpose. Evaluate the different types of POAs to find the one that best suits your needs.
Durable vs. Non-Durable
Powers of attorney can be made either durable or non-durable within the terms of the agreement. A durable power of attorney allows the agent to maintain their authority after the principal’s incapacitation. In a non-durable arrangement, the powers of attorney are revoked when the principal is incapacitated. According to MD Estates and Trusts Code § 17-105, all POAs are considered durable unless stated otherwise.
Financial
A Maryland financial power of attorney provides terms for your agent to handle your monetary decisions and assets. You can choose the authorities to give your agent control of your financial assets, such as:
- real property
- stocks & bonds
- bank accounts
- insurance benefits
- retirement accounts
- personal property
Medical
When you want another person to handle your medical decisions, you can use a medical power of attorney in Maryland. This agreement includes specific terms to authorize an agent to represent your best interests and wishes. You can use this POA to give your agent the following powers according to your needs:
- managing pain relief treatment
- authorizing treatment plans
- admitting or discharging the principal
- hiring or firing healthcare providers
In Maryland, the agent in a medical POA may be referred to as your surrogate decision maker. This surrogate is also responsible for upholding the wishes in youradvance directive orliving will. If your appointed surrogate cannot serve, the guidelines in MD Health – General Code § 5-605 may allow for another qualified individual, such as a guardian, spouse, parent, or adult relative, to act on your behalf.
Durable (Financial)
Remains in force when the principal becomes incapacitated.
Signing Requirements: Two witnesses and a notary public.
Advance Directive
Lets you appoint an agent to make decisions about your medical treatment when you cannot communicate those decisions yourself.
Signing Requirements: Two witnesses (MD Health - General Code § 5-602).
Medical
Sets out the medical care you wish to receive and allows someone else to decide for you if your doctor establishes you’re too sick to communicate.
Signing Requirements: Two witnesses.
Limited (Special)
Grants more focused and limited powers to an agent managing a principal's affairs.
Signing Requirements: Two witnesses and a notary public.
Non-Durable (General)
Enables a trusted third party to take care of your financial affairs for you.
Signing Requirements: Two witnesses and a notary public.
Springing
It "springs" into effect at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Two witnesses and a notary public.
Real Estate
Use this for appointing someone to handle your real estate affairs. Specify duties like buying, selling, or managing property.
Signing Requirements: Two witnesses and a notary public.
Tax (Form 548)
Grants a third party the authority to manage another person’s tax affairs.
Signing Requirements: Taxpayer(s) and representative(s).
Minor (Child)
Nominates a third party to take temporary parental responsibility for a child younger than 18 years.
Signing Requirements: Two witnesses and a notary public.
Motor Vehicle (Form VR-470)
Gives an agent the authority to manage a principal’s motor vehicle affairs.
Signing Requirements: Principal only.
Revocation
Terminate a previous power of attorney agreement to end the agent’s authority.
Signing Requirements: Two witnesses and/or notary public (recommended).
How to Write a Power of Attorney for Maryland
Knowing how to write your power of attorney ensures it is binding and protects your interests. Follow these steps to create an effective power of attorney in Maryland:
- Provide party information: Fill in the full legal name and address of the principal, agent, and any successor or co-agents.
- Grant general authorities: Select which of the general powers you want the agent to be able to exercise. This typically includes power over bank accounts, personal property, and medications.
- Note special powers: Provide your agent with any desired special powers by adding additional clauses in this section. Authorities that need to be explicitly added include power over trusts, beneficiary designations, and gifts.
- Set the effective date: Choose a date or event to trigger the start of the agent’s powers. Per MD Estates and Trusts Code § 17-111, the agreement becomes effective at the time of signing unless stated otherwise.
- Review and sign: Ensure your agreement accurately reflects the authorities you want your agent to have. Once satisfied with the terms, the principal must sign the document and complete any notarization, witness, or filing requirements.
Maryland Power of Attorney Requirements & Legal Considerations
Making a Maryland power of attorney enforceable requires you to meet state laws and consider the various legal aspects. Explore the following requirements and legal considerations for POAs in Maryland.
Notarization
Under MD Estates and Trusts Code § 17-110, a general POA requires the principal’s signature, notarization, and two witnesses. Having an acknowledgement from the notary public ensures your agreement is presumed genuine. The notary can also serve as one of the required witnesses.
Filing
Most Maryland POAs have no formal filing requirements; however, filing your document offers protection and validity. If the POA grants your agent the power to buy, sell, or mortgage real estate, you must file a copy of the POA in the county’s land records office where the property is located. Many financial or medical institutions also require a copy of your agreement to verify the agent’s legal authority.
Agent’s Certification
MD Estates and Trusts Code § 17-204 provides an optional agent certification form that allows the agent to clarify and verify their abilities. This form restates the durability, effective date, and powers of the agreement. Using an agent’s certification form provides additional validity and understanding.
Revocation
When the powers of attorney no longer apply or work for your situation, you can revoke the agent’s powers. Both the principal and agent hold the ability to end their arrangement. Under MD Estates and Trusts Code § 17-112, a power of attorney may revoke the agent’s authorities in the following cases:
- Principal death or incapacitation: In a durable POA, the principal’s death ends the agent’s abilities. In a non-durable arrangement, their authority will end at the time of the principal’s incapacitation.
- Principal revocation: The principal can write and deliver a revocation form to the agent at any time to terminate their ability to act.
- Termination clauses: You can add a termination clause to set a specific date or event that triggers the end of the agent’s abilities.
- Fulfilled purpose: If your POA serves a specific purpose, you can add terms to revoke the agent’s powers after fulfilling its designated purpose.
- Divorce filing: In cases where the principal’s spouse acts as the principal, filing for a divorce or legal separation ends the agent’s authority.
