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Maryland Durable (Statutory) Power of Attorney Form

A Maryland durable power of attorney is a statutory document that can be used to appoint a person ("agent") to carry out someone else's ("principal") financial affairs and other requests. Such actions would be performed on the principal's behalf and will remain in effect if the principal becomes incapacitated.
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Updated July 16, 2024

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Signing Requirements

The power of attorney must be in writing and signed by the principal, or by someone else acting at the direction of the principal and in the presence of the principal. The signing must be acknowledged by the principal in the presence of a notary public. A power of attorney must be attested and signed by two or more adult witnesses who affix their signatures in the presence of the principal and of each other.

The notary may serve as one of the two required attesting witnesses unless the notary is observing the signing remotely with digital communication technology as described in § 18–214 of the State Government Article.

Laws

Definition of “Durable”

A power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal’s subsequent disability or incapacity.

Definition of “Power of Attorney”

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used (§ 17-101(i)).

Statutory Form

The Maryland Legislature has provided a sample statutory form for powers of attorney in § 17–202 of the Maryland Laws.