The Durable Power of Attorney in Maryland is a type of legal form that you can use to appoint a person to carry out your instructions with your financial (and other) affairs. Such actions would be performed on your behalf when you are unavailable or otherwise unable to act for yourself. Your agent will have access to your accounts and finances, so it should be considered crucial to choose someone you trust for this role. The form is called “durable” because it remains in effect (or goes into effect) upon your incapacity. That means that if you become mentally or physically unable to make decisions for yourself, this form is still in force and your agent can still act on your behalf. This type of form is used a lot as part of an estate planning package.

Laws – § 17-202

Advance Directive (Medical POA) – This POA is used to allow a trusted family member or friend to make your medical decisions for you when it becomes impossible to do so yourself.

How to Write

1 – Open The Durable Power Delegation Using The Buttons On This Page

You may use the buttons on this page to open the required form as a PDF, ODT, and Word document. Make sure you have all the Principal’s preferences in delegation as an easily obtainable reference document while filling out this form.

2 – Record And Designate Each Relevant Individual’s Identity

The initial text in this form will provide some information. Immediately after these initial paragraphs, under the “Designation of Agent” heading, you will need to present the Legal Name of the Principal on the blank line labeled “Name of Principal. Once the task of identifying the Principal has been completed, we will need to identify the Agent(s) involved. That is, the party or parties who will have the ability and Principal Approval to use this form to wield Principal Power should be documented. Begin by entering information to describe the Primary Agent. This party will be considered the individual with Principal Power once this paperwork’s delegations go into effect. Enter the Primary Agent’s Full Name, Address, and Telephone Number. This information should be neatly placed on the blank spaces: Name Of Agent, Agent’s Address, and Agent’s Telephone Number. The next section, under the heading “Designation of Successor Agent(s) (Optional),” is a defined area to report any Successor Agents the Principal may wish to reserve. A Successor Agent system act like an assembly line of Agents. If the current one cannot act, the next Successor Agent will be able to assume the Principal Authority if it is necessary. Two Successor Agents may be named. If the Principal has elected to name a Successor Agent, enter the Legal Name, Complete Address, and Telephone Number of the Successor Agent on the first three blank lines in this section.

If the Principal has elected to name a Second Successor Agent, an individual who may wield Principal Power if the Primary and Successor Agent are unable to, then enter the second Successor Agent’s Name, Address, and Telephone Number on the blank lines labeled “Name of Second Successor Agent,” “Second Successor Agent’s Address,” and “Second Successor Agent’s Telephone Number.”

3 – The Principal Review Of General Authority Designated To The Agent

The next section, titled “Grant of General Authority,” will present seven definitive statements defining an area where the Principal’s Primary Agent may utilize Principal Power over Principal Affairs. The granting Principal will need to read each statement. If he or she wishes to grant the Principal Powers described, in a statement, then leaving it unmarked or unaltered will empower the Agent to conduct the Principal Affairs describes as if he or she were the Principal. If the Principal does not wish to approve the Agent’s use of one of the Powers defined, then strike out, cross out, or delete the statement with the Principal Authority that must be removed. Crossing out any of these statements will prevent the Agent from utilizing Principal Authority in that matter.

If the Principal crosses out Statement 1, the Agent will not be able to wield Principal Authority with Principal Contracts (existing or nonexistent).   Statement 2 empowers the Agent to conduct any of the activities it defines to accomplish a Principal Transaction the Principal desires. To restrict this from the Agent, cross out the statement or delete it. If the Principal strikes through Statement 3, this action will disallow the Agent from seeking court or government agency assistance in utilizing Principal Authority as it is described here.    Statement 4 empowers the Principal Agent with Authority required to engage in claims and litigations on behalf of the Principal. Crossing out or deleting this statement will restrict it from the Principal Authorities the Agent may use. The next Statement will give the Principal Agent the ability to deal with Professionals providing service to the Principal in the manner defined. This statement may be removed or crossed out to prevent its inclusion in the Principal Authority the Agent may wield. If the Principal does not wish to give the Agent the Principal Authority to deal with any type of Government Agency in his or her name, then Statement 6 must be deleted or crossed out. Statement 7 will name the statements left intact in this section as being under the Principal Agent’s Principal Authority. This Statement may be crossed out if Principal does not wish to grant these Powers concerning all his or her Property (in relation to the Powers granted above).

4 – The Principal Review Of Subjects Of Authority Applicable To The Agent

The “Subjects And Authority” section of this form will provide some detailed Statements of Authority that will apply to the Primary Agent’s Principal Authority when this document goes into effect. These are defaults that are preset in this format, however, like the previous section, any of these paragraphs, or parts of, may be struck through with a horizontal line or deleted. Either of these acts will result in the Primary Agent being prevented from utilizing the removed Authority Description. The Principal should review each paragraph and decide whether each description applies. Any unaltered paragraph in this section will empower the Primary Agent to act in the manner it defines.

The Principal’s Real Property will be under the Primary Agent’s Principal Authority as per the paragraph labeled “Real Property.” The Agent will be able to engage in any action described in this paragraph if this paragraph (or parts of it) are not crossed out. The second paragraph is labeled “Stocks and Bonds” and will define the way the Primary Agent may use Principal Power in relation to the Principal’s Stocks and Bonds unless it is removed or altered with a strike through. The “Banks and Other Financial Institutions” paragraph will provide a detail of how the Agent may represent the Principal with Principal Approval and Power. Strike out or delete any part of, or the entirety, of the paragraph to prevent a Power from being under the Agent’s Principal Authority. The next paragraph will address the Principal’s “Insurance And Annuities.” If the Principal does not wish to appoint the Primary Agent with any of the Powers listed, the unavailable Power may be removed from this appointment by crossing out or deleting that Power. The Agent may work on the Principal’s “Claims and Litigation” through the descriptions in the fifth paragraph. The Principal may strike through any of the Powers he or she does not wish delegated to the Agent. The Principal’s “Benefits from Governmental Programs or Civil or Military Service” will be considered within the range of the Primary Agent’s Principal Authority as it is defined in the paragraph beginning with this phrase. The Principal may remove or strike through any part of this paragraph or remove it entirely to restrict its effect on this paperwork. The Agent’s actions regarding the Principal’s “Retirement Plans” will be discussed and defined in the seventh paragraph. Strike through any Power Delegations the Principal does not wish the Agent to be appointed with. The last paragraph in this section will allow the Agent to represent the Principal in his or her Taxes. The Principal should read this paragraph thoroughly. If he or she wishes to restrict the Agent from utilizing such Principal Authority, the restricted Power descriptions should be crossed out.

5 – Special Instructions And The Effective Dates Of The Agent’s Principal Powers

There will be an opportunity for the Principal to directly instruct on the use of these Powers or this Paperwork. Such a statement may be made in the “Special Instructions” heading and should be as specific as the Principal wishes it to be. These instructions may include any concern or instruction the Principal deems applicable. Only instructions documented here, or as a properly labeled attachment, will be considered part of this form and its Effect. Note: If the Principal wishes a specific Date or Event to define when the Primary Agent’s Principal Power will be available to the Primary Agent, this definition may be provided here. Next, we may define a Termination Date if the Principal has determined there should be one. If so, then locate the heading “Termination Date (Optional).” The blank spaces here have been provided to report the Calendar Month and Day then, Year when the Powers delegated to the Agent in this document cease to be effective.

6 – The Principal’s Optional Nomination Of A Guardian And/Or Conservator

This paperwork will provide the Principal with the opportunity to Nominate a specific individual as a Guardian or Conservator should the courts decide this is necessary. This is also an optional section and has been provided as a consideration to the issuer of this Authority.

If the Principal would like to name the Agent as a Guardian for his or her property then mark the parentheses just below the words “Name of Nominee For Guardian Of My Property.” Otherwise, the Principal may choose a different individual for this role by filling in the Nominee’s Name, Address, and Telephone Number on the blank spaces provided. If the Principal wishes to name the Agent as the Guardian over his or her Person, this may be done by marking the parentheses just below the words “Name Of Nominee For Guardian Of My Person.” The Principal may also (instead) choose a different individual for this task. If so, report this Nominee’s Name, Address, and Telephone Number on the blank lines provided here.

7 – Required Principal Signature Acknowledgment

The next section requiring attention is arguably one of the most crucial areas. Locate the heading “Signature And Acknowledgment.” The Principal must Sign and Date the first blank line (labeled “Your Signature” and “Date” respectively). Below this, the Principal must fill in his or her Full Printed Name, Address, and Telephone Number in the space provided.

8 – Notary Public And Witness Participation

The next area must be used by the Notary Public attending the Principal Signature. He or she will fill in the information requested below the words “State of Maryland” and before the “Witness Attestation” section.

The “Witness Attestation” is a testimony which attending Witnesses must agree with before signing this paperwork. After observing the Principal Signing, each Witness will need to supply his or her Signature, Printed Name, Address, and Telephone Number. There will a distinct set of lines for “Witness #1” and “Witness #2.”