A Maryland power of attorney revocation form effectively terminates an existing power of attorney (POA) agreement. It requires the details of the POA being revoked, the identities of the principal and agent, and the withdrawing party’s signature.
It’s crucial to notify your agent and any relevant entities of the revocation to avoid reliance on the invalidated document.
Legal Considerations
Statute – § 17-112(a)(3)
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
A power of attorney terminates under several conditions as outlined in § 17-112:
- Upon the principal’s death.
- If the principal revokes it.
- Under a specific termination clause.
- When the purpose is accomplished.
- If the agent dies, becomes incapacitated, or resigns, and the form doesn’t designate a successor agent.
If the principal and their spouse (who is also the agent) are married and go through a divorce or legal separation, the agent’s authority usually terminates unless the document explicitly states otherwise.
Per § 17-106, an agent acting in good faith and without knowledge of the principal’s death, disability, or the POA’s revocation can still take actions on their behalf. Additionally, the agent can provide an affidavit stating their lack of knowledge regarding the document’s termination, which serves as proof of their actions’ validity.
Fees
- Notary: Notarization is recommended. In Maryland, fees can range from $2 to $4 per signature.
- Recording: If your POA was filed with a Maryland Land Records Office, you must also file your revocation there. Recording fees vary by county but are typically between $20 and $60.
