Power of Attorney in Maryland: Types, Forms, and State Requirements

A Maryland power of attorney (POA) lets you appoint someone to make financial, property, or health care decisions on your behalf. Maryland has different forms and signing requirements for financial and medical powers of attorney.

Key takeaways

• Maryland's General and Limited Power of Attorney Act governs financial powers of attorney, while the Health Care Decisions Act governs medical powers of attorney.
• Written financial powers of attorney are durable by default, meaning they generally remain valid if you become incapacitated.
• A Maryland financial POA generally requires notarization and two adult witnesses. A standard written medical advance directive requires two witnesses but no notarization.
• Maryland provides statutory financial and limited POA forms, along with an advance directive form for medical decisions.

What is a power of attorney in Maryland, and what are the requirements?

A power of attorney in Maryland is a legal document that allows you (the principal) to appoint someone (the agent) to act on your behalf. Depending on the authority you grant, your agent can manage finances, handle property transactions, or make health care decisions.

Maryland's General and Limited Power of Attorney Act governs financial powers of attorney. To create one, you must have the mental capacity to understand the authority you're granting and follow the state’s signing requirements.

Maryland recognizes several types of power of attorney, including general, limited, durable, and medical powers of attorney. A general POA grants broad financial authority, while a limited POA restricts an agent to specific powers or transactions.

Durable power of attorney in Maryland

A durable power of attorney allows your agent to continue acting if you become incapacitated due to illness or injury.

In Maryland, a written financial POA is durable by default unless the document states otherwise. Your agent can continue managing authorized financial matters during your incapacity, but the POA generally ends when you die or another legal termination condition applies.

Medical power of attorney in Maryland

A medical power of attorney, or health care power of attorney, lets you appoint someone to make medical decisions when you cannot make them yourself.

Medical powers of attorney fall under Maryland's Health Care Decisions Act. You can appoint a health care agent through an advance directive, which authorizes them to make decisions about treatment, care providers, and life-sustaining procedures, subject to your instructions and state law.

An advance directive can also include a living will, which records your treatment preferences. However, no matter the situation, a medical POA does not authorize your agent to manage your money or property.

How to get a power of attorney in Maryland

You can create a Maryland POA using a statutory form, an online legal service, or an attorney. Follow these five steps to prepare and execute your document.

Step 1: Choose the right type of POA

Choose a financial POA for broad money and property management, a limited POA for specific transactions, or a medical POA for health care decisions.

You may need separate financial and medical documents if you want someone to handle both.

Step 2: Select your agent and successor agent

Choose a competent adult you trust to act in your best interests and carry out your instructions. You can also appoint:

• Coagents. These are two or more people who share authority. Under Maryland law, coagents must act unanimously, unless your POA states otherwise.
• Successor agents. Appoint backup representatives who can act if your original agent is unable or unwilling to serve.

Discuss the responsibilities with your chosen agents before naming them.

Step 3: Choose and complete the Maryland POA form

Select the appropriate Maryland power of attorney form and complete it:

1. Enter your full legal name and your agent's contact details
2. Name any coagents or successor agents
3. Specify the powers you're granting and any restrictions
4. Add special instructions or an expiration date if needed
5. Review the document for accuracy before signing

Step 4: Sign and notarize your POA

A Maryland financial POA generally requires your signature, notarization, and signatures from two adult witnesses. The notary may serve as one witness.

A standard written medical advance directive requires two witnesses but does not need notarization.

If you have questions about the signing process, consult an attorney in Maryland.

Step 5: Store and share your POA

Keep the signed document in a secure, accessible location and give your agent a copy. Maryland generally recognizes copies of financial powers of attorney, although recording offices may require originals.

For medical powers of attorney, share copies with your health care agent and medical providers. If your agent will handle real estate transactions, check whether the POA must be recorded in the county land records.

Where can you find Maryland power of attorney forms?

You can find Maryland power of attorney forms through the Maryland General Assembly and the Maryland People's Law Library. The state provides separate statutory forms for financial and limited authority as well as an advance directive form for health care decisions.

Maryland statutory financial power of attorney form

The Maryland Statutory Form Personal Financial Power of Attorney grants broad authority over banking, investments, real estate, taxes, and other financial matters.

Certain actions, such as making gifts or changing beneficiary designations, require specific authorization.

Maryland limited power of attorney form

The Maryland Statutory Form Limited Power of Attorney lets you grant selected financial or property powers instead of broad authority.

You can identify the powers your agent may exercise, add restrictions, and specify an expiration date if needed.

Maryland advance directive form

Maryland's advance directive form allows you to appoint a health care agent and record your medical treatment preferences.

The form includes three parts:

• Selection of a health care agent. Appoints someone to make medical decisions
• Treatment preferences. Records your wishes about medical care and life-sustaining treatment
• Signature and witnesses. Provides space to sign and meet the state's witnessing requirements

You can complete the health care agent section, the treatment preferences section, or both.

Does a power of attorney need to be notarized in Maryland?

Yes, a Maryland financial POA generally must be notarized and signed by two adult witnesses. The notary may serve as one of the witnesses.

Maryland also allows electronic powers of attorney and remote witnessing under specific conditions. These documents generally require attorney supervision and additional certification. Electronic powers of attorney used in real estate transactions follow separate rules.

Medical powers of attorney have different requirements. A standard written Maryland advance directive requires two witnesses but does not need notarization. Your health care agent cannot serve as a witness, and at least one witness must not knowingly have a financial interest in your death.

When does a Maryland power of attorney take effect and end?

A financial POA generally takes effect when properly signed and executed, unless you specify a future date or event.

You can also create a springing POA that takes effect upon a specified event, such as incapacity. If you haven't named someone to determine when you're incapacitated, Maryland law allows certain professionals, including physicians and licensed psychologists, to make that determination in writing.

A financial POA typically ends when:

• You die or revoke the document.
• You become incapacitated, if the POA isn't durable.
• The document reaches its stated expiration date or termination event.
• The POA's purpose is accomplished.
• Your agent dies, resigns, becomes incapacitated, or loses authority, and no other agent is authorized to act.

An agent's authority may also end if divorce, annulment, or legal separation proceedings begin between the agent and principal, unless the POA states otherwise.

Medical powers of attorney work differently. Unless the advance directive states otherwise, it generally takes effect when your attending physician and a second physician certify that you cannot make informed health care decisions. A second certification isn't required if you're unconscious or unable to communicate.

How much does a power of attorney cost in Maryland?

The cost of creating a Maryland power of attorney depends on how you prepare it and whether you need professional help.

• DIY: Maryland's statutory POA forms are free, although notarization and other services may involve fees.
• Online legal services: Providers such as LegalZoom offer financial POA preparation for a fee.
• Maryland attorney: Costs vary depending on the document's complexity and the services you need.

Maryland regulates notary fees. Check the Maryland Secretary of State's notary fee guidance for current amounts.

County recording fees may also apply if your agent is authorized to convey real estate.

Common Maryland power of attorney mistakes to avoid

• Using the wrong form. A financial POA doesn't authorize medical decisions. Use Maryland's advance directive form to appoint a health care agent.
• Overlooking coagent rules. Maryland generally requires coagents to act unanimously unless the POA states otherwise. This may delay transactions if they disagree.
• Failing to name a successor agent. Your POA may terminate if your agent can no longer serve and no other agent is authorized to act.
• Granting insufficient or excessive authority. Your agent may lack the power to complete certain transactions or have more control than you intended. Pay particular attention to gifts, trusts, and beneficiary designations.
• Missing real estate requirements. A POA authorizing an agent to convey real property must meet deed execution and recording requirements.

How LegalZoom can help with a Maryland power of attorney

LegalZoom's power of attorney service guides you through preparing a document based on your needs. You can answer questions online, choose your agent, review your document, and securely store it for future access.

Eligible packages also offer attorney consultations if you need additional guidance.

You can explore LegalZoom's estate planning options if you also need a will, living trust, or other estate planning documents.

FAQs about Maryland POA

Can I use an out-of-state power of attorney in Maryland?

Maryland may recognize a POA executed in another state, depending on its validity and the authority granted. However, acceptance can depend on the institution and transaction involved, particularly for real estate.

If you plan to use an out-of-state POA in Maryland, consider having a Maryland attorney review it before your agent needs to act.

Does a Maryland power of attorney expire if I don't use it?

No, an agent's authority doesn't end simply because time has passed, unless the document states otherwise. The POA remains subject to Maryland's other termination rules.