Maryland Springing Power of Attorney Form

Yes, a principal may specify that the power of attorney only becomes effective at a future date or when a future event takes place.^[1]

The document must be signed by the principal (or by another individual at the express direction of the principal), and the signature must be attested and signed by two or more adult witnesses while in the presence of the principal and each other. Signatures must be acknowledged before a notary public who may act as a witness.^[2]

“Incapacity” means the inability of an individual to manage property or business affairs because the individual:

(A) Meets the grounds required for the appointment of a guardian of the property of a disabled person described in § 13–201 of this article; or

(B) Is:

(i) Missing;

(ii) Detained, including incarcerated in a penal system; or

(iii) Outside the United States and unable to return.^[3]