Creating A Maryland Power of Attorney
Creating a Maryland power of attorney (POA) ensures that your financial, medical, and personal affairs are managed according to your wishes, mainly if you cannot make decisions for yourself.
Maryland’s laws governing POAs, primarily within the Maryland General and Limited Power of Attorney Act, underwent substantial revision and formalization in 2010.
This Senior Soup legal guide provides an overview of the key aspects of Maryland POAs, tailored to assist older adults and their families in understanding and implementing these essential legal tools.
What Is a Maryland Power of Attorney?
A Maryland power of attorney is a legal document that grants an individual, known as the “agent” or “attorney-in-fact,” the authority to act on behalf of another person, referred to as the “principal.”
This arrangement allows the agent to manage specific affairs for the principal, including financial transactions, healthcare decisions, or other personal matters.
Establishing a POA does not remove the principal’s ability to act on their behalf; instead, it provides the agent with concurrent authority to assist or act when the principal is unable or prefers not to act independently.
Types of Powers of Attorney in Maryland
1) Maryland Personal Financial Power of Attorney
A Maryland personal financial power of attorney grants an agent broad authority to handle a wide range of financial matters on behalf of the principal.
This broad authority may include:
- Managing bank accounts;
- Buying or selling property;
- Paying bills;
- Handling investments, and;
- Entering into financial contracts.
Download the Maryland Power of Attorney Form
Click the link to download the Maryland Statutory Personal Financial Power of Attorney form: Maryland Personal Financial Power of Attorney Form.
- In Maryland, individuals who wish to create a legally recognized personal financial power of attorney can use the statutory form provided in Md. Code, Estates & Trusts § 17-202.
- The Personal Financial Power of Attorney Form is a standardized document that ensures financial institutions and third parties honor the agent’s authority.
- You can access this form through the Maryland General and Limited Power of Attorney Act. It includes clear instructions for executing a valid power of attorney under Maryland law.
Key Takeaways from the Maryland Statutory Personal Financial Power of Attorney Form:
Grants Broad Financial Authority: Allows your chosen agent to manage your property and financial affairs broadly.
Effective Immediately: The personal financial power of attorney takes effect as soon as signed unless specified otherwise in Special Instructions.
Careful Agent Selection is Essential: Select someone trustworthy, as they will have extensive authority over your finances.
Authority Duration: Unless otherwise noted, the agent’s authority continues until your death, revocation of the POA, or agent resignation/incapacity.
Option for Limited Authority: If you wish to grant limited powers instead, use the Maryland Statutory Limited Power of Attorney form.
Legal Advice Recommended: If you have questions or concerns about the authority granted, The Senior Soup strongly encourages you to seek competent legal counsel before signing.
2) Maryland Limited Power of Attorney
A limited power of attorney in Maryland grants an agent authority over only specific matters outlined in the document.
Unlike a personal financial power of attorney, which provides broad financial authority, a limited power of attorney restricts the agent’s power to particular tasks or decisions.
A Maryland Limited Power of Attorney is commonly used to:
- Authorize an agent to handle specific financial matters, such as managing a single bank account, paying bills, or overseeing a particular investment;
- Grant authority over real estate transactions, such as buying or selling property or managing rental agreements;
- An individual may assign decision-making authority for healthcare-related matters, although Maryland advance directives generally cover medical powers of attorney;
- Set time-based limitations, meaning the POA is valid only for a defined period or until a specific event occurs.
Since third parties (such as financial institutions or real estate entities) are more likely to accept a limited power of attorney if its scope is clearly defined, the principal should ensure that the document specifies:
- The exact powers granted to the agent;
- Any restrictions or limitations on the agent’s authority;
- The duration of the power, if applicable.
Download the Maryland Limited Power of Attorney Form
Click the link to download the Maryland Statutory Form Limited Power of Attorney: Maryland Limited Power of Attorney Form.
Under Md. Code, Estates & Trusts § 17-203, the state of Maryland provides a free statutory Limited Power of Attorney Form, which helps ensure third parties’ legal recognition and acceptance.
Key Takeaways from the Maryland Statutory Limited Power of Attorney Form
- Authorizes a Trusted Agent: Grants another person (the “agent”) the limited authority to manage your property and financial matters.
- Customizable Authority: You may limit the agent’s powers by selecting only specific authorizations.
- Excludes Healthcare Decisions: This form does NOT grant the agent the ability to make healthcare decisions.
- Duration of Authority: Unless otherwise stated, the agent’s power remains in effect until you die, revoke the POA, or the agent resigns/cannot act.
- Agent Compensation: The agent is NOT entitled to compensation – unless explicitly specified in the Special Instructions.
- Naming Multiple Agents:
- You can appoint one agent using this form.
- Name a co-agent in the Special Instructions. (Co-agents must act together unless you state otherwise.)
- The principal can designate a successor agent if the primary agent cannot serve.
- Takes Effect Immediately: Unless specified in the special instructions, the power of attorney becomes effective upon signing.
3) Maryland Durable Power of Attorney
Maryland law considers all written powers of attorney as durable – unless your durable POA document explicitly states otherwise.
A durable power of attorney ensures the agent’s authority continues – even if the principal becomes incapacitated or unable to make decisions independently. If durability is undesired, the principal must explicitly state in the power of attorney document that it terminates upon the principal’s incapacitation.
Moreover, Maryland law does NOT provide a separate statutory form for a durable power of attorney because the standard statutory forms (Personal Financial Power of Attorney and Limited Power of Attorney) provided in the Maryland General and Limited Power of Attorney Act are already considered durable by default.
Reference: Md. Code, Estates & Trusts § 17-105
4) Maryland Medical Power of Attorney (as part of an Advance Directive)
In Maryland, a “medical power of attorney” is typically included within an Advance Directive, a comprehensive document enabling Marylanders to designate a healthcare proxy – someone who can make medical decisions on their behalf if they cannot do so themselves.
An advance directive not only appoints a healthcare agent/designated healthcare proxy but can also specify a person’s preferences for medical treatments and end-of-life care, including instructions known as a living will.
You may prepare a Maryland advance directive in either written or electronic form.
Please note that “medical power of attorney” is not used in Maryland as a legal term.
While the concept exists, Maryland law uses the term “advance directive,” which can include a healthcare power of attorney. To avoid confusion, it’s best to stick to the statutory terminology. You may use a durable power of attorney, but it must meet specific requirements.
NOTE: Only a designated healthcare proxy appointed by a patient in a written Maryland advance directive can legally sign documents as the patient’s agent.
The Maryland Health Care Decision Act (Md. Code, Health General §§ 5-601 to 5-602) governs the creation and implementation of these documents.
Important:
- To be legally valid, two adults must sign, date, and witness a Maryland advance directive.
- You are not required to have a Maryland Advance Directive notarized;
- The designated healthcare agent(s) cannot sign the advance directive as a witness.
The Maryland Surrogate Decision Maker Hierarchy
If a Maryland resident does not have an established advance directive naming a healthcare proxy or agent to make medical decisions if they become incapacitated, Maryland law designates a specific order of individuals who can make medical decisions on their behalf.
This hierarchy ensures that someone close to the individual and familiar with their wishes, or at least their best interests, can make informed choices.
The priority order for surrogate decision-makers is as follows:
Court-Appointed Guardian: If a court has appointed a Maryland guardian for the individual, this person has the highest authority to make healthcare decisions. Click this link to access The Senior Soup’s Maryland Guardianship Checklist.
Spouse or Domestic Partner: If no guardian exists, the individual’s spouse or domestic partner is next in line.
Adult Children: If there is no spouse or domestic partner, the individual’s adult children (aged 18 or older) willing and able to serve can act as surrogate decision-makers.
Parents: If no adult children can serve, the individual’s parents may step in.
Adult Siblings: If the individual’s parents cannot serve, adult siblings are next in line.
Close Friends or Relatives: If none of the above individuals are available, a close friend or relative may serve as a surrogate. This person must provide an affidavit to the attending physician detailing their regular contact with the individual and familiarity with their health and values.
For more information about healthcare surrogacy, please read The Senior Soup’s comprehensive guide on Maryland healthcare surrogacy decision-making.
5) Maryland Living Will (as part of an Advance Directive)
A Maryland living will, included within a Maryland Advance Directive Form, allows you to document your wishes regarding life-sustaining treatment should you enter a terminal condition or a persistent vegetative state and cannot communicate your healthcare preferences.
The official Maryland Advance Directive form provided by the Maryland Attorney General’s Office locates the Living Will section in Part II, precisely titled “Treatment Preferences (“Living Will”).
The Maryland Health Care Decisions Act (Md. Code, Health General § 5-602) governs Maryland’s legal framework for creating and implementing a living will.
The law permits Maryland residents to specify the following:
- Medical preferences concerning end-of-life treatments;
- Artificial nutrition & hydration;
- Pain management, and;
- Organ donation.
This section (Part II) of the Maryland Advance Directive Form allows individuals to document their wishes regarding life-sustaining procedures under three scenarios explicitly:
- Terminal condition;
- Persistent vegetative state;
- End-stage Condition.
When Does a Maryland Power of Attorney Become Effective?
Unless the document explicitly states otherwise, a Maryland power of attorney becomes effective immediately upon proper execution.
Alternatively, a principal may choose to create a “springing” POA.
A “springing” POA only takes effect upon the occurrence of a clearly defined event, most commonly the principal’s incapacitation.
When drafting a springing POA, use clear and precise language in the document to define the triggering event and specify the method and individuals who will determine when it occurred.
Vague language can lead to significant legal challenges regarding when the POA becomes active.
Duties and Responsibilities of an Agent (under the Maryland Power of Attorney)
An agent appointed under a Maryland power of attorney has significant fiduciary responsibilities.
They are legally and ethically obligated to:
- Act in the Principal’s Best Interest: The agent must make decisions that align with the principal’s known wishes, values, and best interests. If the principal’s wishes are unclear, the agent must act with the principal’s best interest as the primary guide.
- Maintain Accurate Records: The agent must keep meticulous records of all transactions, decisions, and actions taken on behalf of the principal, including maintaining a detailed accounting of all funds and property managed.
- Avoid Conflicts of Interest and Self-Dealing: Maryland agents must avoid situations where their personal interests conflict with the principal’s interests. Self-dealing, where the agent benefits personally at the principal’s expense, is strictly prohibited under Maryland law.
- Collaborate with Healthcare Decision-Makers (if applicable): If the appointed agent is authorized to make healthcare decisions, they should communicate and collaborate with other individuals who may also have healthcare decision-making authority, such as a designated healthcare agent under an Advance Directive, to ensure a coordinated and unified approach to the principal’s well-being.
When Does a Maryland Advance Directive Become Effective?
In Maryland, an Advance Directive becomes effective when a person is medically deemed incapable of making informed healthcare decisions.
Typically, an attending physician determines if the person is unconscious or unable to communicate; otherwise, two physicians must certify the individual’s incapacity.
The designation of a Health Care Agent section is in Part I of the Maryland Advance Directive Form, “Appointment of Health Care Agent. “
This section allows individuals to designate a health care agent to make medical decisions on their behalf if they are unable to do so themselves.
The health care agent acts according to the instructions specified in the advance directive.
Download the Maryland Advance Directive Form
Marylanders can download the official Maryland Advance Directive form provided by the Maryland Attorney General’s Office for free.
The statutory form clearly explains how to select a healthcare agent, specify treatment preferences, create a Living Will, and make decisions regarding organ donation.
- Maryland Attorney General’s Advance Directive Form – (Click the link to download the PDF.)
- Maryland Health Care Decisions Act (Statutory Authority) – (Md. Code, Health General §§ 5-601 and 5-602.)
Who Can Create a Maryland Power of Attorney?
To establish a valid POA in Maryland, the principal must:
- Be at least 18 years old;
- Must possess the requisite mental capacity to understand the nature and implications of the power of attorney, meaning the principal must understand they are signing a document that grants authority to another person (the agent) to act on their behalf.
More About a Principal’s Requisite Mental Capacity
Critically, the principal must understand the scope of the powers they are granting, the types of property and affairs that could be affected by those powers, and the identity of the individual they appoint as their agent.
The principal’s capacity must be present at the time of signing the document.
It’s important to note that capacity can fluctuate, and simply having a diagnosis like dementia does not automatically mean someone lacks capacity.
Capacity is decision-specific and task-specific.
If a principal’s capacity to make healthcare decisions is doubtful, it’s imperative to seek legal counsel to properly assess the situation and protect the principal from potential undue influence or exploitation.
Execution Requirements for a Maryland Power of Attorney
For a Maryland power of attorney to be legally binding, it must adhere to specific statutory execution requirements:
Be in Writing: Oral powers of attorney are NOT valid in Maryland;
Signed by the Principal: Maryland law requires the principal to sign the POA, or if another individual signs, they must do so in the principal’s physical presence and at their express direction;
Notarization: A notary public must acknowledge the principal’s signature, either electronically with the principal physically present or, under specific Maryland law, through remote online notarization;
Witnesses: Maryland law requires two or more adult individuals to witness the signing while physically or electronically present with the principal and each other during the signing;
Important Note on Electronic or Remotely Witnessed POAs: Maryland law permits electronic notarization and witnessing. If you utilize Remote Online Notarization as defined by Maryland statute, which involves the notary and principal interacting electronically from remote locations, you must follow specific protocols, including the potential involvement of a supervising attorney and specific residency requirements for yourself and the witnesses;
Consult a Maryland attorney to ensure full compliance if you consider a remote online notarization. Standard electronic witnessing and notarization, where parties are electronically connected but not using Remote Online Notarization platforms, may have different requirements.
Maryland Medical Medical Power of Attorney (and Witness Requirements for Advance Directives)
As mentioned above, a Maryland advance directive is typically part of a comprehensive Advance Directive.
To create a valid Advance Directive in Maryland:
- It must be made voluntarily by a competent adult;
- It must be signed and dated by the principal;
- Two adults who are physically or electronically present with the principal must witness it.
Maryland law specifies the individuals who cannot serve as witnesses to an Advance Directive, including:
- The individual designated as the healthcare agent in the Advance Directive;
- An individual who is related to the principal by blood, marriage, or adoption;
- An individual who is entitled to any portion of the principal’s estate by will or operation of law;
- The principal’s attending physician or an employee of the attending physician;
- An employee of the healthcare facility in which the principal is a patient or resident if the employee is directly involved in providing care to the principal. (There are exceptions if the principal and the designated agent ask the employee to witness, and the facility has specific procedures).
The Maryland advance directive becomes operative when the principal cannot make informed healthcare decisions.
Medical professionals must determine incapacity under Maryland law.
Provide Copies of Your Maryland Power of Attorney & Advance Directive
The Senior Soup highly recommends that the principal listed in the power of attorney provide copies of their Maryland power of attorney to all relevant parties, such as:
- Financial institutions;
- Healthcare providers, and;
- Trusted family members.
Proactively distributing your power of attorney documents helps ensure your designated agent’s authority is recognized and acted upon when needed.
The Senior Soup advises Marylanders to keep copies of their legal documents in a safe and accessible location within their vehicles in the event of an automobile accident that renders them unconscious and unable to make healthcare decisions.
Distributing Copies of Your Maryland Personal Financial Power of Attorney
While the statutory form states copies have the same effect as the original, Maryland law clarifies that a copy of a personal financial power of attorney executed using the statutory form will have the same effect as the original only if certified as a true and accurate copy.
This certification must be made by one of the following:
- A notary public;
- A clerk of a court; or
- An attorney licensed in Maryland.
Therefore, simply making a photocopy may not guarantee automatic legal equivalence.
To ensure full recognition of your personal financial power of attorney, you should have a copy (especially the statutory form) properly certified as outlined by Maryland law.
Step-by-Step Instructions to Legally Certify a Maryland Power of Attorney Document
To ensure your Maryland personal financial power of attorney (especially the statutory form) is appropriately certified and legally enforceable, you must strictly follow the execution and certification process outlined under the Maryland Estates and Trusts Code, Section 17-110.
Step 1) Complete the Statutory Form
Download the official Maryland Statutory Personal Financial Power of Attorney Form.
Carefully fill out the required sections, including:
- Principal’s and agent’s personal information;
- Clearly defined powers granted to the agent;
- Any special instructions or limitations.
Step 2) Signing Requirements
To be valid and properly certified, your personal financial POA must be:
- Signed by the principal (the person granting the power);
- Witnessed by two adult individuals: Witnesses must sign in the physical or electronic presence of the principal and each other;
- Notarized by a notary public: The principal must acknowledge the document before a notary public. This acknowledgment can occur in the notary’s physical or electronic presence.
Step 3) Special Requirements for Electronic or Remote Witnessing
If you’re using an electronic or remotely witnessed POA, Maryland law additionally requires:
- The principal and witnesses must sign simultaneously in the presence (physical or electronic) of each other and a supervising attorney;
- At the time of signing: Maryland law requires the principal to be physically located in Maryland and witnesses to be physically located in the United States.
- A Maryland-licensed supervising attorney must oversee and create a certified version of the electronically signed POA.
Step 4) Creating a Certified POA (for Electronic POAs)
When executed remotely or electronically, a supervising Maryland attorney will create and maintain a certified power of attorney, following these requirements:
- The attorney must verify identities and observe signatures;
- The certified document should explicitly confirm compliance with Maryland law.
Step 5) Provide Copies to All Relevant Parties
- Once properly certified, distribute copies to relevant institutions (banks, investment companies) to ensure immediate recognition;
- Under Maryland law, a properly executed copy holds the same authority as the original unless explicitly stated otherwise.
The Senior Soup strongly encourages its readers to consult with a skilled Maryland estate planning attorney to clarify specific situations and non-statutory form POAs.
Revoking and/or Amending the Maryland Power of Attorney
A mentally competent principal always retains the right to revoke or amend a POA.
- Revocation: Revocation should be formally documented in writing, signed by the principal, dated, and clearly state the intention to revoke the previously executed Maryland power of attorney. Promptly notify the agent and all other parties holding copies of the original POA of its revocation.
- Amendment: To amend a Maryland power of attorney, the changes must also be in writing and adhere to the exact execution requirements (signature, notarization, witnesses) as the original POA. To clarify and avoid confusion, creating an entirely new POA document that explicitly revokes any prior POAs is often advisable rather than attempting to amend an existing one. This practice minimizes potential disputes about current valid terms.
Do Not Wait to Create a Maryland Power of Attorney and Advance Directive
Establishing a Maryland power of attorney is crucial for long-term estate planning, especially for older adults who desire to preserve their autonomy and ensure their wishes are honored.
By understanding the different types of powers of attorney available in Maryland, following legal execution requirements, and carefully selecting a trusted agent, Marylanders can take control of their future and protect their financial and healthcare decisions.
Creating a legally valid power of attorney and advance directive safeguards your personal and financial affairs and prevents unnecessary court interventions and family disputes.
This proactive step ensures your affairs will be managed according to your values and preferences, providing peace of mind.
- Do NOT wait until a crisis occurs!
- Start planning today by accessing the official Maryland Power of Attorney Forms and consulting with an experienced professional if needed.
Download the official Maryland Advance Directive and Power of Attorney forms here:
- Maryland Personal Financial Power of Attorney Form
- Maryland Limited Power of Attorney Form
- Maryland Advance Directive Form
We advise you to contact a qualified Maryland estate planning attorney for more detailed information, consult experienced legal counsel regarding your specific circumstances, and obtain statutory forms.
Ryan Miner, MBA | Co-Founder and Podcast Host | The Senior Soup
Hi, I'm Ryan!
I co-founded The Senior Soup Soup with Raquel Micit in September 2022. Together, we host The Senior Soup Podcast.
I am a community relations manager for Ennoble Care in Maryland, where I am responsible for marketing our home-based primary care healthcare practice.
I have over 15 years experience in healthcare, senior services, senior care, marketing, public policy, and search engine optimization.
I have a MBA from Mount St. Mary's University and a BA from Duquesne University.