A Maryland power of attorney is the legal authority to make decisions for someone else. The person assigning power is the “principal” and the person chosen to make decisions is the “agent.” It can be set up for business, medical care, and real estate, allowing an authorized third party to manage these issues on your behalf.
Laws
Statute: Title 17 of the Estates and Trusts Article of the Code of Maryland.
By Type
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 (§ 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).
