Maryland Power of Attorney Requirements & Free Form

Maryland requirements

• Maryland powers of attorney are governed by the Estates and Trusts Article, Title 17, which draws on the Uniform Power of Attorney Act with Maryland modifications.
• Under section 17-110 the document must be signed by the principal, or by another person in the principal's physical presence and at the principal's express direction.
• Two or more adult witnesses must sign, attesting in the presence of the principal and of each other.
• The principal must acknowledge the power of attorney before a notary public. The notary may also serve as one of the two required witnesses.
• A written power of attorney is durable by default under section 17-105 unless its terms provide otherwise.
• Maryland law also offers optional statutory forms; a properly executed general form remains valid, but confirm any form preferences with the institution that will accept the document.

Frequently asked questions

How many witnesses does a Maryland power of attorney need?

Two or more adult witnesses, signing in the presence of the principal and each other, plus acknowledgment before a notary public. Maryland allows the notary to double as one of the two witnesses, so in practice you need the notary plus at least one other adult.

Is a Maryland power of attorney durable by default?

Yes. Under Estates and Trusts section 17-105, a written power of attorney is durable unless its terms provide otherwise, meaning the agent's authority continues despite the principal's later disability or incapacity.

Official sources

• https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=17-110&enactments=false
• https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=17-105&enactments=false