The Maryland Power of Attorney provides a way in which an individual can appoint another to represent his or her best interests as his or her agent in a variety of circumstances and situations. These situations can range from general financial matters to more specifically defined or limited purposes. It is very important that you know and can rely on the person that you make your agent because he or she will be making decisions affecting your property or finances as if they were you. In addition, it is important that you review the document you choose carefully to make sure it fits with your needs.

Laws –  Title 17 (Maryland General and Limited Power of Attorney Act)

Types

Advance Directive (Medical POA) – Used to designate a person to represent your health care decisions and interests on your behalf.

Durable Power of Attorney – For use when you want to prepare ahead of time for your incapacity – when you need someone to be able to handle your affairs when you no longer are able to.

General Power of Attorney – For general financial affairs, but it becomes void if the principal becomes incapacitated. It should not be used if you are planning for incapacity.

Limited Power of Attorney – For those situations where you have a discrete time period or transaction where you need someone to stand in your place.

Guardian of Minor Child Power of Attorney – For those situations when you need someone to be in charge of your children if you are away or unavailable. That person will be able to make medical and educational decisions on your children’s behalf.

Power of Attorney Revocation Form – Used when you want to cancel a poa that you had made previously. In addition to preparing this form, it is important that you inform interested parties that you are canceling as well.

Tax Power of Attorney Form – The State of Maryland recognizes the Federal Tax Form 2848 for all power of attorney tax purposes.

Vehicle Power of Attorney – Allows you to appoint someone to handle your vehicle titling and registration transactions with the Maryland Motor Vehicle Administration.

How to Write

1 – The Durable Power Document Required May Be Accessed Through This Page

You should download this form once you open it using the buttons beneath the preview file image.

2 – Both The Grantor of Powers and the Primary Agent Should Be Identified

Once the initial paragraphs have been read, locate the blank line labeled “Name of Principal” and enter the Name of the individual granting Principal Authority to an Agent.                        The next three blank spaces, labeled “Name of Agent,” “Agent’s Address,” and “Agent’s Telephone Number” must be filled out with the Full Legal Name of the Agent intended to utilize Principal Power, his or her Residential Address, and his or her Telephone Number.

3 – The Principal May Name An Additional Agent To Succeed An Ineffective Primary Agent

If the Grantor intends to have a Successor Agent in place to assume Principal Power should the Primary Agent be unable to fulfill his or her role as such, report this party’s Full Name, Address, and Phone Number on the blank lines labeled “Name of Successor Agent,” “Successor Agent’s Address,” and “Successor Agent’s Telephone Number.”The Grantor may wish to set up an additional Agent to succeed both the Primary and Successor Agent in the event that neither are able to wield Principal Power when necessary according. The blank lines labeled “Name of Second Successor Agent,” “Second Successor Agent’s Address,” and “Second Successor Agent’s Telephone Number” must be filled out with the Second Successor Agent’s information.

4 – All General Powers Granted To The Agent Must Be Reviewed By The Principal

The “Grant of General Authority” section contains a list of broad statements concerning usual subjects in an individual’s scope of Powers. These Powers will be granted, by default, once this document is completed and signed. If the Principal does not wish to grant any of these Powers, then you may strike through that statement with a horizontal line or (provided you have the required software) simply delete it, making sure to adjust the numbers in the list accordingly.

The first item will grant the Agent the Principal Power to enter, alter, terminate Contracts and Agreements on behalf of the Principal. If this type of Principal Power should not be given, delete or cross out this statement. It is strongly recommended (but not mandatory) the Principal initials any statement if it is crossed out before the time of signing.

The second statement gives the Agent the Principal Power to take any of the steps it defines to accomplish Principal Transactions. Cross this statement out or delete it, if this type of Power should not be used by the Agent

The third statement empowers the Principal’s Agent to use courts or government agencies to accomplish the acts defined here on behalf of the Principal when necessary. If the Principal has decided not to grant such Power to the Agent, then strike out this statement or delete this item. The fourth item will deliver the Principal Power the Agent requires to handle any Claims and Litigations the Principal has or will have as well as initiate them. Strikethrough this statement to restrict the Agent from this Power. You may also delete it altogether if you are working onscreen with an editing program. If the Principal expects the Agent to hire, manage, or terminate a Professional’s Services in his or her Name, such Power will be granted by virtue of the fifth statement. This Principal Authority may be withheld from the Agent’s control by removing or crossing out this statement. The Agent will have the Principal Power to act in the Principal’s Name with Government Benefits and Programs through statement number six. Delete this statement to withhold it from the Agent. If you are working with a hardcopy, then cross this statement out making sure the Principal’s initials are displayed in the margin.  The seventh statement will declare all these Powers should be taken as a whole and affect the Principal’s Real and Intangible Property. Cross this statement out if the Principal does not wish to grant such a broad scope of Authority through this document.

5 – Every Specific Power And Action The Agent May Take Must Be Approved By The Principal

“Subjects And Authority” will deal with more specific concepts and areas in a Principal’s day-to-day and general dealings. While the structure of this form will grant all the Decision-Making Powers and Actions in a paragraph item, each item may be crossed out or altered. Any Principal Power that should be withheld may be done so by deleting or crossing out the relevant statement that should not apply.

The first paragraph will define what the Agent may do with the Principal’s Real Property or with any Real Property in the Principal’s Name. The Principal will withhold these Powers if this paragraph is removed or struck through with a line or ‘x.’ Additionally, if Principal Approval of some actions exists but not all, then you may also strike through only the statements that should not apply to the powers granted. If left un-marked, the Agent will have the Principal Approval to conduct any of the actions or make any of the decisions defined here.The next paragraph, beginning with the label “Stocks and Bonds,” defines what the Agent may do with Principal Authority regarding this subject matter. You may either leave this paragraph unaltered to indicate Principal Approval, delete some or all of it, or (if working on paper) cross out some or all of it.The “Banks and Other Financial Institutions” paragraph describes what Principal Actions and Principal Decisions the Agent may use Principal Powers to engage in. Only delete or cross out this statement (or parts of) if any or all the definitions here should be removed from the Agent’s Principal Powers.Next, the “Insurance and Annuities” statement will deliver the structure required so the Principal may grant his or her same Principal Powers to the Agent in this area. Any of the statements that make up this paragraph may be withheld from being applied to the Agent if they are crossed out or deleted.The “Claims and Litigation” paragraph will list the specific Principal Powers the Agent may use to represent the Principal. Any statements defining a Power the Principal does not wish the Agent to possess should be crossed out or deleted. Remember, it is recommended the Principal initials the margin (if you are filling this out manually) then physically crossing out a statement.The Grantor of these Principal Powers may restrict the Agent’s access to Principal Power regarding “Benefits from governmental programs or civil or military service (including any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid” by striking out this paragraph or parts of it.The paragraph beginning with the words “Retirement Plans” provides the required wording to grant the Agent Principal Power when dealing with the Principal’s Retirement Plans. This paragraph or statement may be removed at the Grantor’s discretion if these Powers should be withheld from the Agent.  The final paragraph, “Taxes,” will supply the necessary language to deliver the Principal Authority needed for the Agent to make decisions (or take some actions) with the Principal’s Taxes on behalf of the Principal.

6 – Special Instructions And The Effective Term May Be Defined At The Principal’s Discretion

Generally, the completed version of this form must be an accurate representation of the granting Principal’s wishes and instructions. Sometimes, there may be additional instructions, restrictions, extensions or provisions the Principal wishes to apply to the Powers given in this document. Such specifics may be addressed directly by the Principal in the “Special Instructions (Optional)” area. Note: This should include any instructions regarding the Effective Term of this Document.The next area will give the option of concisely naming a “Termination Date.” If the Principal wishes to declare a specific Date when the Principal Powers must end, it may be done so here by simply using the two blank spaces to enter the Calendar Day and Calendar Month then the Calendar Year of the desired Termination Date.

7 – The Principal May Nominate A Party As A Guardian

Sometimes, the courts may decide that an individual must be named as a Guardian of one’s person or a Conservator of one’s estate. Generally, naming such an individual is at the discretion of the courts, however, the Principal may Nominate a specific person for the consideration of the courts in the “Nomination of Guardian (Optional)” section. If the Principal wishes to nominate the Agent listed above as a potential Conservator, place a mark between the parentheses preceding the statement “My agent (or successor agent) named above.Otherwise, the Principal may instead enter the Name, Address, and Telephone Number of his or her Conservator Nomination on the blank lines provided.Next, the Principal has the option to name a potential Guardian. If he or she prefers the Agent, then mark the parentheses labeled “My agent (or successor agent) named above.If the Principal wishes to nominate a separate individual altogether then enter the Full Name, Address and Telephone Number of the proposed Guardian on the blank lines provided.

8 – The Issuer Of This Authority Must Sign And Date Its Execution

The “Signature and Acknowledgment” section is a defined area where the Principal may verify his or her intent. He or she will need to sign the “Your Signature” line then, enter the Date this form was signed. This document will be considered final as of the Principal Signature.The Principal will also need to supply his or her Printed Name and Address on the three blank spaces provided (labeled “Your Name Printed,” “Your Address,” and “Your Telephone Number”).

9 – The Notary Public And Witnesses To The Principal Signing Must Provide Testimony

The blank line after the words “State Of Maryland (County) Of” marks the beginning of the Notary Public section. Only the Notary Public will provide acceptable items here. The “Witness Attestation” will enable the Principal Signing Witnesses to provide their Testimony. First, enter the Signature Principal’s Name on the blank line labeled “Name of Principal.” Each witness will need to Sign and Print his or her Name and provide his or her Address and Telephone Number.