How do I create a power of attorney in Maryland?

Maryland adopted a modified version of the UPOAA in 2010, with stricter execution formalities.

1. Governing Law

Md. Code, Est. & Trusts §§ 17-101 to 17-204 (Maryland General and Limited Power of Attorney Act, effective 10/1/2010). Healthcare at Md. Code, Health-Gen. §§ 5-601 to 5-618.

2. Types

General vs limited.

Durable vs non-durable.

Springing — permitted under § 17-105.

Healthcare — separate Maryland Advance Directive under Health-Gen. § 5-602.

3. Statutory Form

Md. Code, Est. & Trusts § 17-202 provides a Statutory Form Limited Power of Attorney and § 17-203 provides a Statutory Form General Power of Attorney. Use of either form gives the POA "magic words" status entitling it to mandatory third-party acceptance under § 17-204.

4. Execution Formalities

Under § 17-110, the POA must be: (1) in writing; (2) signed by the principal (or by another in principal's presence at direction); (3) acknowledged before a notary public; AND (4) attested and signed by two or more adult witnesses in the presence of the principal. The notary may serve as one of the witnesses.

5. Durability

Under § 17-104, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. Maryland follows the default-durable rule.

6. Acceptance by Third Parties

Md. Code, Est. & Trusts § 17-204 requires acceptance of a Statutory Form POA within a reasonable time; refusal exposes the third party to damages including attorney fees. Banks may request agent certification or counsel opinion but cannot demand institution-specific forms.

7. Revocation

Principal may revoke in writing (§ 17-112). Written notice to agent and third parties. Record in the Land Records if real-estate POA was recorded. Death, divorce of spouse-agent (per § 17-111(b)), or court-appointed guardian terminates.

8. Special Authorities

Section 17-201 requires express grant for hot powers: gifts, creating or amending a trust, beneficiary changes, survivorship rights, and delegation of authority.

This is legal information, not legal advice.