Maryland Power of Attorney — Your Guide

A Plain-Language Guide for Creating a Financial Power of Attorney

What This Document Does

This guide helps you create a Financial Power of Attorney in Maryland. This legal document lets you choose someone you trust (your "agent") to handle your money, property, and financial decisions for you — even if you become unable to make decisions yourself.

This is not legal advice. If you have questions about your specific situation, consider talking to a lawyer.

When to Use This Document

Use this guide if:

• You want someone to be able to handle your finances if you become unable to
• You're planning for the future and want to be prepared
• You're getting older and want your affairs in order
• You're facing surgery, illness, or travel and want someone to manage things while you're unavailable

Do NOT use this guide if:

• You only need someone to handle ONE specific transaction (use a Limited Power of Attorney instead)
• You need someone to make medical decisions (use an Advance Directive instead)
• You don't fully trust the person you're naming as agent

Before You Start

Choose your agent carefully.

Your agent will have broad power over your finances. They can:

• Access your bank accounts
• Buy or sell your property
• Pay your bills
• Handle your investments
• File your taxes

Pick someone who:

• You trust completely
• Is good with money
• Will act in YOUR best interest, not theirs
• Lives nearby or is easy to reach

You'll also need:

• [ ] The full name and address of your agent
• [ ] The full name and address of a backup agent (optional but recommended)
• [ ] Two adult witnesses (cannot be your agent or successor agent)
• [ ] A notary public
• [ ] Photo ID for you and witnesses

Step-by-Step Instructions

Step 1: Fill Out the Form

Designation of Agent:

• Write YOUR full legal name as the "Principal"
• Write your agent's full name, address, and phone number

Successor Agent (Optional but Recommended):

• Name a backup person in case your first choice can't serve
• This ensures someone can always act for you

Grant of General Authority:

• This section gives your agent power over all the listed areas
• Read each subject carefully
• The form gives your agent broad powers by default

Special Instructions (Optional):

• Add any limits or specific instructions here
• Examples:
• "My agent may not sell my home at 123 Main Street"
• "This power of attorney becomes effective only if my doctor certifies I am incapacitated"
• "My agent must provide an annual accounting to my adult children"

Termination Date:

• Leave blank for a durable POA (continues until your death or revocation)
• OR write a specific date if you want it to expire

Nomination of Guardian (Optional):

• Name someone you'd want as guardian if a court ever needs to appoint one
• This is a backup protection

Step 2: Sign the Document

You must sign in front of:

1. A notary public
2. Two adult witnesses

The witnesses:

• Must be at least 18 years old
• Cannot be your agent or successor agent
• Must watch you sign
• Must sign in front of you and each other

The notary:

• Can be found at banks, law offices, shipping stores, or town halls
• May charge up to $4 per signature in Maryland
• Can also serve as one of your two witnesses

Step 3: Get It Notarized

Bring to the notary:

• The unsigned document (or sign in front of the notary)
• Your photo ID (driver's license, passport, state ID)
• The two witnesses (if notary isn't serving as one)

What happens:

1. You show your ID
2. You sign the document (or acknowledge you signed it)
3. The notary completes the notary section with their seal/stamp

Step 4: Have Witnesses Sign

Right after you sign and the notary acknowledges:

1. Both witnesses watch you sign (or you acknowledge your signature)
2. Both witnesses sign the Witness Attestation section
3. Witnesses fill in their printed names, addresses, and phone numbers

Who can be a witness:

• Any adult (18+) who is NOT your agent or successor agent
• Friends, neighbors, coworkers, professionals
• The notary can be one witness

Step 5: Make Copies

Keep the original in a safe place:

• Safe deposit box
• Home safe or lockbox
• Your attorney's office

Give copies to:

• Your agent
• Your successor agent
• Your bank (if you want them to accept it now)
• Your financial advisor

For real estate:

• Record the original in the land records of the county where the property is located
• The clerk's office can help you

What Your Agent Can Do

With this power of attorney, your agent can:

What Your Agent Cannot Do

Your agent CANNOT:

• Make or change your will
• Vote in elections for you
• Make medical decisions (unless you also have an Advance Directive naming them)
• Act after your death
• Use your money for themselves (they must act in YOUR interest)

Making It Durable

This form is durable by default, meaning:

• It stays in effect even if you become incapacitated
• Your agent can act when you can't

This is what most people want for estate planning purposes.

Revoking the Power of Attorney

You can revoke at any time while you're competent:

1. Write a revocation letter stating: "I, [YOUR NAME], hereby revoke the Power of Attorney dated [DATE] that named [AGENT NAME] as my agent."

1. Sign and date the revocation in front of a notary

1. Give copies to:

• Your agent
• Your successor agent
• Any banks or institutions that have the original POA on file

1. Destroy all copies of the old POA you can find

The revocation is effective immediately upon delivery.

When It Ends

This power of attorney ends when:

• You revoke it (while competent)
• You die
• The termination date you specified arrives
• Your agent resigns and no successor agent is named
• A court invalidates it

Where to Get Help

Free Legal Help:

Other Resources:

Common Questions

Q: Can I have more than one agent?

A: Yes. You can name "coagents" who must act together, or name a successor who takes over if the first agent can't serve.

Q: Does my agent get paid?

A: By default, they only get reimbursed for expenses. If you want them to receive compensation, you must add this in the Special Instructions.

Q: Can my agent access my safe deposit box?

A: Yes, this power includes access to safe deposit boxes.

Q: Do I need to file this with the court?

A: No, unless you're using it for real estate transactions (then record it in land records).

Q: Can my agent make gifts to themselves?

A: No, unless you specifically authorize this in writing. The default form doesn't include this power.

Q: What if my bank won't accept it?

A: Maryland law (§ 17-104) says they must accept a properly executed statutory form POA. If they refuse, they can be held liable for attorney's fees.

Q: Can I use this form if I live in another state?

A: This form is designed for Maryland. Other states have their own requirements. Check with a local attorney.

Important Reminders

• Choose your agent carefully — they'll control your finances
• Keep the original safe — give copies, not the original
• Tell your agent — make sure they know they're named and where the document is
• Review periodically — update if your situation changes
• You can revoke anytime — as long as you're competent

Disclaimer

This guide and the power of attorney form are for informational purposes only and do not constitute legal advice. Laws change, and every situation is different. If you have questions about your specific circumstances, please consult with a licensed attorney in Maryland.

Not a law firm. Not your attorney. No attorney-client relationship exists.

Document Version: MD-POA-GUIDE-2026-01

Last Updated: March 2026

Jurisdiction: State of Maryland