Power of attorney in Maryland: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Maryland, from Maryland law.

Checked against official sources: October 31, 2026.

Short answer

Maryland General and Limited Power of Attorney Act

Official form
Maryland Statutory Form Personal Financial Power of Attorney and Maryland Statutory Form Limited Power of Attorney
How to sign
Notarized and signed in front of two witnesses
Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act
No

Words used in Maryland

In Maryland you name an agent for money and property in a power of attorney, which must be notarized and witnessed by two adults. Your health care agent and treatment wishes go in one advance directive with two witnesses. If an adult cannot manage, a circuit court can appoint a guardian of the person, of the property, or both, but only if no less restrictive option works.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property
Power of attorney (Maryland General and Limited Power of Attorney Act); Maryland Statutory Form Personal Financial Power of Attorney; Maryland Statutory Form Limited Power of Attorney
The person you choose
Agent (attorney in fact)
Health care
Advance directive (Part I: selection of health care agent)
Treatment wishes
Treatment preferences
Court-appointed decision-maker
Guardian of the person and guardian of the property of a disabled person

Law and official form

Law
Maryland General and Limited Power of Attorney Act
Uniform Power of Attorney Act
No
Official form
Maryland Statutory Form Personal Financial Power of Attorney (Est. & Trusts § 17-202) and Maryland Statutory Form Limited Power of Attorney (§ 17-203)Published by Maryland General Assembly (forms printed in the statute)

You do not have to use it.

You may use a document substantially in one of these forms. Both forms end with a notary acknowledgment and a witness attestation for two witnesses. A business may not demand a different form for authority granted in a statutory form. The limited form's 'Grant of Specific Authority' items (gifts, trusts, beneficiary changes and others) apply only if you initial them.

Law: § 17-201; § 17-104

Law: Md. Code, Est. & Trusts §§ 17-101 to 17-204; Md. Code, Est. & Trusts §§ 17-201 to 17-203

Signing rules

How to sign

A Maryland power of attorney signed on or after October 1, 2010 must be in writing, signed by you, acknowledged before a notary public, and attested and signed by two adult witnesses. The notary can count as one witness. Electronic or remote signing has extra rules, including a supervising attorney.

Who signs

Signed by you (the principal), or by another person for you in your physical presence and at your express direction.

Notary
Required
Witnesses
2
Who cannot witness

Two or more adult witnesses must attest and sign in the presence of you and each other (physical or electronic presence). The notary who takes your acknowledgment may also be one of the two witnesses.

Electronic signing

A power of attorney may be signed and witnessed electronically or remotely if the principal is in or a resident of Maryland, remote witnesses are U.S. residents located in the U.S., and a supervising attorney is present and creates a certified paper power of attorney. The notary may act remotely under State Government § 18-214.

Law: Est. & Trusts § 17-110(a)-(d)

Law: Md. Code, Est. & Trusts § 17-110

Durable and springing

Is it durable?

A written power of attorney is durable (keeps working if you become disabled or incompetent) unless its terms say otherwise.

Law: Est. & Trusts § 17-105(c)

Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Starting later (springing)

A power of attorney works when signed unless it says it starts on a later date or event. You can name people to decide in writing that the event happened. If it starts on incapacity and no one is named (or they will not decide), a physician or licensed psychologist, or an attorney, judge or appropriate government official, can determine incapacity in writing.

Law: Est. & Trusts § 17-111

What an agent can and cannot do

Needs express permission
  • Make gifts or transfers (and in what amounts and to whom)
  • Make gifts or transfers in favor of the agent
  • Create and fund a trust (including a special needs trust) or an ABLE account
  • Amend, revoke or terminate an existing trust, if the trust allows it
  • Create or change rights of survivorship
  • Create or change a beneficiary designation
  • Authorize another person to exercise the agent's authority
  • Waive your right to a joint and survivor annuity or retirement survivor benefit
  • Exercise fiduciary powers you can delegate
  • Disclaim or refuse an interest in property
  • Access the content of your electronic communications

Agent duties, pay and court review

Agent duties
  • Act in line with your reasonable expectations as far as the agent knows them, otherwise in your best interest
  • Act with care, competence and diligence
  • Act only within the authority given
  • Act loyally for your benefit and avoid conflicts of interest
  • Keep records of all receipts, payments and transactions
  • Cooperate with your health care decision-maker
  • Try to keep your estate plan in place when that is in your best interest
  • When asked by you, a guardian, another fiduciary or a protective agency, disclose transactions within 30 days (or explain why more time is needed, up to 30 more days)
Agent pay

Unless the power of attorney says otherwise, the agent is repaid reasonable expenses but is NOT entitled to compensation. If the power of attorney says the agent is to be paid, pay is what is reasonable or as the document sets.

Law: Est. & Trusts § 17-114

Asking a court to review an agent

You, the agent, a guardian or other fiduciary, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a protective government agency, your caregiver, or a person asked to accept the power of attorney can ask a court to interpret it or review the agent's conduct. If you have capacity, the court must dismiss the petition at your request.

Law: Est. & Trusts § 17-103

Law: Md. Code, Est. & Trusts §§ 17-102, 17-113

When it ends and how to revoke it

How to revoke a power of attorney in Maryland

Official forms in Maryland

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Health care directive

Guardianship / conservatorship

Good to know in Maryland

  • A Maryland power of attorney needs BOTH a notary and two adult witnesses; the notary may be one of the witnesses.

    Law: Est. & Trusts § 17-110

  • Unless the document says so, a Maryland agent is not paid for serving, only reimbursed for expenses.

    Law: Est. & Trusts § 17-114

  • An advance directive needs two witnesses but no notary; your agent cannot witness, and at least one witness must not benefit from your death.

    Law: Health-Gen. § 5-602

  • Maryland has had a supported decision-making law since October 1, 2022.

    Law: Est. & Trusts Title 18

Changes in 2024–2026

Attorney General advance directive forms revised May 2024 (now published by the Maryland Department of Health as an accessible version). Circuit Court Fee Schedule revised effective September 2, 2026. Guardianship petition form CC-GN-002 revised 10/2026.

Free help in Maryland

Report abuse or exploitation

Adult Protective Services (Maryland Department of Human Services, local departments of social services) · 1-800-917-7383

Questions about powers of attorney in Maryland

What is a power of attorney called in Maryland?

Power of attorney (Maryland General and Limited Power of Attorney Act); Maryland Statutory Form Personal Financial Power of Attorney; Maryland Statutory Form Limited Power of Attorney. In Maryland you name an agent for money and property in a power of attorney, which must be notarized and witnessed by two adults. Your health care agent and treatment wishes go in one advance directive with two witnesses. If an adult cannot manage, a circuit court can appoint a guardian of the person, of the property, or both, but only if no less restrictive option works.

Does a power of attorney have to be notarized in Maryland?

A Maryland power of attorney signed on or after October 1, 2010 must be in writing, signed by you, acknowledged before a notary public, and attested and signed by two adult witnesses. The notary can count as one witness.

Is there an official power of attorney form in Maryland?

Maryland Statutory Form Personal Financial Power of Attorney and Maryland Statutory Form Limited Power of Attorney. You do not have to use it.

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