Maryland Power of Attorney Guide 2026

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Maryland attorney for advice specific to your situation.

A Power of Attorney (POA) lets you choose someone to make decisions for you. This guide covers everything you need to know about creating a Power of Attorney in Maryland.

Quick Facts: Power of Attorney in Maryland

Types of Power of Attorney in Maryland

1. General Durable Power of Attorney

What it does: Gives your agent broad authority to handle financial matters, even if you become incapacitated.

Best for: Future planning, aging parents, military deployment

Powers included:

• Banking transactions
• Real estate transactions
• Investment management
• Business operations
• Insurance matters
• Tax matters

2. Limited (Special) Power of Attorney

What it does: Gives your agent authority for a specific purpose only.

Best for: Single transactions, temporary absence

Examples:

• Selling a specific property
• Handling a single financial transaction
• Managing one bank account

3. Healthcare Power of Attorney

What it does: Lets your agent make medical decisions if you cannot.

Best for: Medical emergencies, end-of-life planning

Related documents:

• Living Will (Advance Directive)
• Do Not Resuscitate (DNR) Order

4. Springing Power of Attorney

What it does: Only becomes effective if you become incapacitated.

Best for: Those who want to maintain control until needed

Choosing Your Agent

Who Should You Choose?

Your agent should be:

• Someone you trust completely
• Organized and responsible
• Available when needed
• Willing to serve
• Financially responsible

Who Can Be Your Agent?

• Spouse or partner
• Adult child
• Sibling
• Trusted friend
• Professional (attorney, accountant)

Name an Alternate

Always name an alternate agent in case your first choice cannot serve.

Maryland POA Requirements

What Makes a POA Valid in Maryland?

1. In writing: Oral POAs are not valid
2. Signed by principal: You must sign the document
3. Two witnesses: Required for all Maryland POAs
4. Notarized: Required for recording and recommended for all
5. Durable language: Must include specific language to survive incapacity

Witness Requirements

• Two witnesses required
• Witnesses must be adults
• The agent cannot be a witness
• The notary cannot be a witness

Agent's Duties in Maryland

Under MD Code, Estates & Trusts § 17-112, your agent must:

1. Act in good faith — Honest dealing at all times
2. Act in your best interest — Put your needs first
3. Keep records — Document all transactions
4. Avoid conflicts of interest — No self-dealing
5. Account when requested — Provide records if asked
6. Preserve your estate plan — Don't undo your planning

Creating Your POA: Step by Step

Step 1: Choose Your Agent

• Consider carefully who you trust
• Discuss with the person first
• Choose an alternate

Step 2: Decide on Powers

• List specific powers you want to grant
• Consider what you really need
• Be specific about limitations

Step 3: Complete the Document

1. Fill out the POA form
2. Include all required elements
3. Be specific about powers granted

Step 4: Execute Properly

1. Sign in front of two witnesses
2. Have notarized
3. Have agent sign acknowledgment
4. Keep original in safe place

Step 5: Distribute Copies

• Give copy to agent
• Give copies to financial institutions
• Keep copy for yourself
• Consider recording if real estate involved

Revoking a Power of Attorney

How to Revoke

1. Create a written revocation — State you are revoking the POA
2. Sign and notarize — Follow same formalities
3. Notify your agent — Deliver copy of revocation
4. Notify third parties — Banks, institutions that relied on POA

When POA Automatically Ends

• Your death
• Agent's death or incapacity (unless alternate named)
• Divorce (if spouse was agent)
• Court-appointed guardian

Recording Your POA

When to Record

Only required if your POA involves real estate transactions.

Where to Record

File with the Circuit Court Clerk (Land Records) in your county.

Recording fees: $20–$75 depending on county

Baltimore City

• Address: 111 N. Calvert Street, Baltimore, MD 21202
• Phone: (410) 333-3765

Montgomery County

• Address: 50 Maryland Avenue, Rockville, MD 20850
• Phone: (240) 777-9470

Prince George's County

• Address: 14735 Main Street, Upper Marlboro, MD 20772
• Phone: (301) 780-8000

Legal Aid Resources in Maryland

Next Steps

1. Choose your agent — Someone you trust completely
2. Decide on powers — What authority to grant
3. Complete the form — Include all required elements
4. Execute properly — Two witnesses + notary
5. Distribute copies — To agent and institutions
6. Store safely — Keep original secure

Get Maryland Power of Attorney Documents

jurisdiction-correct Maryland Power of Attorney documents from Jurist-Diction include durable POA templates — starting at $47.

Templates are for informational purposes only and do not constitute legal advice. For legal advice, contact a licensed Maryland attorney or Maryland Legal Aid at (410) 539-5340.