Maryland Power of Attorney Form Create a Maryland Power of Attorney Form

Maryland Power of Attorney Form

Published Dec 15, 2025
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A Maryland Power of Attorney Form is a legal instrument that grants an appointed agent the authority to manage property or medical affairs for a principal.

Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

Table of Contents

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MARYLAND POWER OF ATTORNEY FORM

IMPORTANT INFORMATION AND WARNING

You should be very careful in deciding whether or not to sign this document. The powers granted by you (the principal) in this document are broad and sweeping. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

You need not grant all of the powers listed below. If you choose to grant less than all of the listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney and mark on that Maryland Statutory Form Limited Power of Attorney which powers you intend to delegate to your attorney-in-fact (the Agent) and which you do not want the Agent to exercise.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

You should obtain competent legal advice before you sign this power of attorney if you have any questions about the document or the authority you are granting to your agent.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

Name of Principal:
Address of Principal:

Name of Agent:
Address of Agent:
Telephone of Agent:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

III. GRANT OF GENERAL AUTHORITY

I (the Principal) grant my agent and any successor agent, with respect to each subject that I choose below, the authority to do all acts that I could do to:

1. Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

2. Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

3. Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to this power of attorney;

4. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

5. Seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in this power of attorney;

6. Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

7. Prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation;

8. Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;

9. Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

10. Do any lawful act with respect to the subject and all property related to the subject.

SUBJECTS OF AUTHORITY

My agent’s authority shall include the authority to act as stated below with regard to each of the following subjects:

(Check the box next to each subject you want to include in the agent’s authority. If you wish to grant authority for all of the subjects you may check "All Preceding Subjects".)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have checked the specific authority listed below:

(Check the box next to each power you want to include in the agent’s authority.)

V. LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF GUARDIAN (OPTIONAL)

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

PRINCIPAL

Signature: _________________________
Print Name: _______________
Date:
Address: _______________
Telephone:

WITNESSES

This document was signed by the Principal in our presence.

Witness 1
Signature: _________________________
Print Name:
Date:
Address:

Witness 2
Signature: _________________________
Print Name:
Date:
Address:


IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

1. Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

2. Act in good faith;

3. Do nothing beyond the authority granted in this power of attorney; and

4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:
(Principal’s Name) by (Your Signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

1. Act loyally for the principal’s benefit;

2. Avoid conflicts that would impair your ability to act in the principal’s best interest;

3. Act with care, competence, and diligence;

4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

6. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

1. Death of the principal;

2. The principal’s revocation of the power of attorney or your authority;

3. The occurrence of a termination event stated in the power of attorney;

4. The purpose of the power of attorney is fully accomplished; or

5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Maryland Power of Attorney Act, Title 17 of the Estates and Trusts Article. If you violate the Maryland Power of Attorney Act, Title 17 of the Estates and Trusts Article, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

What is a Maryland Power of Attorney Form?

A Maryland power of attorney form serves as a legal instrument allowing an individual, known as the principal, to designate another party, called the agent or attorney-in-fact, to manage specific affairs on their behalf. This document grants the agent the authority to execute legal decisions, manage financial assets, or make healthcare choices depending on the specific powers outlined in the agreement. Residents of Maryland utilize these forms to ensure continuity of management during absence, illness, or incapacitation, adhering to the Maryland General and Limited Power of Attorney Act.

Types of Maryland Power of Attorney Form

The state recognizes various distinct forms of delegation, each serving specific legal or medical purposes.

  • General Power of Attorney - Grants broad authority to the agent to handle financial and legal matters but typically becomes invalid if the principal becomes incapacitated.
  • Durable Power of Attorney - Retains validity even if the principal becomes mentally incompetent or incapacitated, ensuring continuous management of affairs without court intervention.
  • Limited Power of Attorney - Restricts the agent's authority to specific actions or a defined time period, such as signing closing documents for a property sale.
  • Maryland Advance Directive - Combines a living will and medical power of attorney, allowing an agent to make healthcare decisions when the principal cannot communicate.
  • Minor (Child) Power of Attorney - Allows parents to temporarily delegate guardianship rights regarding the care and education of their child to another adult.

Legal Requirements and State Statutes

Maryland law establishes strict guidelines regarding the creation, execution, and validity of power of attorney documents to prevent fraud and abuse.

  • Maryland Code, Estates and Trusts § 17-101 et seq. - Establishes the Maryland General and Limited Power of Attorney Act governing the creation and enforcement of these documents.
  • Maryland Code, Estates and Trusts § 17-110 - Mandates that a power of attorney must be signed by the principal, acknowledged by a notary public, and attested by at least two adult witnesses.
  • Maryland Code, Health-General § 5-601 - Outlines regulations regarding advance directives and the appointment of healthcare agents.
  • HIPAA (45 CFR § 164.508) - Requires written authorization before disclosing protected health information to designated agents.
  • Recording Requirements - Recording the document with the Clerk of the Circuit Court is generally required only if the agent handles real estate transactions.

How to Complete a Maryland Power of Attorney Form

Executing a valid Maryland power of attorney form involves several critical steps to ensure the document holds up under legal scrutiny.

Step 1: Agent Selection - Identify a trustworthy individual to act as the attorney-in-fact, ensuring they are willing and capable of handling the assigned responsibilities.

Step 2: Scope Determination - Decide whether the authority granted should be general, limited to specific transactions, or durable to survive incapacitation.

Step 3: Document Drafting - Utilize the Maryland Statutory Form or a custom document that adheres to Title 17 of the Estates and Trusts Article.

Step 4: Execution - Sign the document in the physical presence of a notary public and two adult witnesses who are not the designated agent.

Step 5: Distribution - Provide the original or a certified copy to the agent and relevant institutions such as banks or healthcare providers.

Agent Responsibilities and Fiduciary Duties

An agent appointed under a Maryland power of attorney form assumes a fiduciary role, meaning they are legally obligated to act with the highest standard of care. This relationship creates specific duties that the agent must uphold to avoid legal liability.

  • Duty of Loyalty - The agent must act solely in the best interest of the principal, avoiding any conflicts of interest or self-dealing.
  • Record Keeping - Agents must maintain accurate and separate records of all transactions, receipts, and disbursements made on behalf of the principal.
  • Compliance with Instructions - The agent must follow the specific terms outlined in the power of attorney document and the known wishes of the principal.
  • Prudent Management - Financial assets must be managed with care, competence, and diligence, preserving the value of the principal's estate.

Revocation and Termination

A principal retains the right to revoke a Maryland power of attorney form at any time, provided they are of sound mind. Revocation effectively ends the authority of the agent to act on the principal's behalf.

  • Written Revocation - The most effective method involves creating a formal revocation of power of attorney document.
  • Notice to Agent - The principal must inform the agent that their authority has been terminated to prevent unauthorized actions.
  • Third-Party Notification - Banks, medical facilities, and other institutions relying on the original power of attorney must receive notice of the revocation.
  • Automatic Termination - Authority typically ends upon the death of the principal, the death of the agent, or if a court appoints a guardian for the principal.

Frequently Asked Questions

Yes, Maryland law requires a power of attorney for financial matters to be signed in the presence of a notary public. Additionally, the document requires the signatures of two adult witnesses to be legally valid.
No, the authority granted by a Maryland power of attorney form ceases immediately upon the death of the principal. At that point, the executor or administrator of the estate assumes control over the deceased's assets.
An immediate power of attorney grants the agent authority as soon as the document is signed and executed. A springing power of attorney only becomes effective upon the occurrence of a specific event, typically the medical incapacitation of the principal.
Maryland provides a statutory form within its state code that individuals can use without a lawyer. Complex estates or specific family situations may benefit from legal counsel to ensure the document covers all necessary nuances.
No, an agent acting under a power of attorney generally does not have the authority to alter, amend, or revoke the principal's last will and testament. The agent is limited to the powers explicitly granted in the power of attorney document.
Maryland generally recognizes a power of attorney validly executed in another state under that state's laws. Third parties in Maryland may request an opinion of counsel or a certification of validity before accepting an out-of-state document.

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