Power of attorney in Maryland: the rules, signing and who to name
The short answer
A Maryland financial power of attorney keeps working if you lose capacity unless it says otherwise. You sign it before a notary and two adult witnesses, and the notary can be one of them. Banks must accept Maryland's statutory form or risk a court order and paying attorney's fees.
A financial power of attorney lets someone you trust pay your bills, talk to the bank and look after your money if you can't. Maryland has its own rules for how it must be signed, and one of them is stricter than most people expect.
This page walks through those rules in plain words. It is one of our estate planning guides by state. If the idea is new to you, start with what a power of attorney does, then come back here.
Is a Maryland power of attorney durable?
Yes, by default. In Maryland, a written power of attorney is durable unless its own terms say otherwise (ET 17-105). "Durable" means it keeps working if you later lose capacity, which is exactly when it is needed.
That is a helpful default. In some states the document must contain special wording to survive incapacity. In Maryland, your agent's authority continues unless you wrote that it should stop.
A Maryland power of attorney also takes effect when you sign it, unless it says it starts on some future event. That second kind is called "springing." Our post on springing powers of attorney explains the trade-offs, and durable power of attorney covers why durability matters everywhere.
How do I sign one in Maryland?
Maryland asks for more people in the room than many states. A power of attorney signed on or after October 1, 2010 needs both a notary and two adult witnesses (ET 17-110).
Here is what the signing looks like:
- You sign the document in writing. Someone else may sign for you at your express direction, in your physical presence.
- You acknowledge your signature before a notary.
- Two or more adult witnesses watch and sign.
The good news: the notary may also serve as one of the two witnesses. So in practice you need you, a notary and one more adult. The statute has no list of people who are barred from witnessing.
Remote witnessing by video is allowed, but only with a supervising attorney and some extra steps. It can't be used for an electronic power of attorney meant for a real estate transaction.
Maryland's health care document is signed differently: two witnesses and no notary. Our Maryland medical power of attorney guide covers that one. Don't mix the two up.
Is there an official Maryland form?
Yes. Maryland's law is called the Maryland General and Limited Power of Attorney Act (ET 17-116), and it includes a statutory form for a personal financial power of attorney (ET 17-202).
You don't have to use that form. But using it matters for one practical reason: the bank.
Will my bank have to accept it?
If it is the statutory form, yes. This is one of Maryland's strongest rules. A person may not require a different form for authority granted in a statutory form power of attorney (ET 17-111).
If a bank refuses an acknowledged statutory form in breach of this rule, a court can order it to accept the document. The bank can also be made to pay reasonable attorney's fees and costs.
That rule covers the statutory form only. A custom document written in other words doesn't get the same protection. A few small steps help either way:
- Ask your bank and investment firm now whether they will accept your document.
- Give them a copy while you are well, so it is on file before anyone needs it.
- Keep the original where your agent can reach it, with a note saying where.
What can my agent do, and what can't they?
Your document sets the scope. A broad financial power of attorney usually covers everyday money matters: paying the electric bill, depositing a pension, handling taxes, keeping the roof repaired.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. An agent is not paid unless the power of attorney says so (ET 17-114).
Some powers only exist if you grant them on purpose:
| Power | Included in a general grant? | What Maryland requires |
|---|---|---|
| Making gifts or transfers | No | In the statutory form, you must initial it (ET 17-202) |
| Opening joint accounts, or creating or changing survivorship rights | No | In the statutory form, you must initial it |
| Changing beneficiary designations | No | In the statutory form, you must initial it |
| Changing, revoking or taking money from your revocable trust | No | Both the trust and the power of attorney must expressly allow it (ET 14.5-602) |
| Medical decisions | No | A power of attorney doesn't cover health care (ET 17-109); use an advance directive |
If you have a living trust, the trust row matters. Your agent may need to move an account into it while you are in the hospital. Our post on what a living trust is explains how the two documents work together.
Who should I name as my agent?
Maryland's power of attorney statute sets few limits on who can serve. So the real questions are practical. Is this person good with money and paperwork? Do they live near enough to get to the bank, or to the house if a pipe bursts?
A short checklist when you choose:
- Trust: would you hand them your checkbook today?
- Distance: can they get to your home, your bank and your mail?
- Time: do they have room in their life for this, maybe for years?
- Backup: who steps in if your first choice can't? Our post on naming a backup in every role explains why this matters.
Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.
Here is a typical case, a composite. Joan is 70 and lives in Annapolis. Her daughter is in Colorado. Joan names her friend Diane, who already has a key and walks the dog when Joan travels, as her agent, with her daughter as backup.
Some people would like a professional standing by, either first or behind a friend. A Kinly membership includes a financial power of attorney written for your state, and Trella Trust Company can be named as your agent or as the backup. You set the order.
Your Maryland signing checklist
| Step | What to do |
|---|---|
| Choose the form | Consider the Maryland statutory form, which banks must accept |
| Initial special powers | Gifts, joint accounts, survivorship and beneficiary changes, if you want them |
| Name a backup | Pick a second agent in case the first can't serve |
| Gather people | You, a notary and at least one more adult witness |
| Sign and acknowledge | Sign, acknowledge before the notary, and have two witnesses sign |
| Share copies | Give copies to your agent, your backup and your bank |
If you lose capacity without a power of attorney, your family may need to go to court to manage your money. Our post on conservatorship vs power of attorney explains the difference. After death, the power of attorney ends and your executor takes over, which our Maryland probate and small estates guide covers.
Common questions
Does a Maryland power of attorney need to be notarized?
Yes. A financial power of attorney signed on or after October 1, 2010 must be acknowledged before a notary and signed by two adult witnesses. The notary can count as one of the two witnesses.
Is a Maryland power of attorney durable automatically?
Yes. A written power of attorney in Maryland is durable unless its terms say otherwise. You don't need special wording for it to keep working if you lose capacity.
Does my bank have to accept my Maryland power of attorney?
If you used Maryland's statutory form, the bank can't demand a different form. A court can order it to accept the document and pay attorney's fees. Custom documents don't get that protection.
Can my financial agent make medical decisions for me in Maryland?
No. Maryland's power of attorney law doesn't cover health care. For medical decisions you sign an advance directive naming a health care agent.
Can my agent change my living trust?
Only if both your trust and your power of attorney expressly allow it. A general grant of financial powers is not enough.
Sources
- ET 17-105: Durable power of attorney (Maryland General Assembly)
- ET 17-110: Execution requirements (Maryland General Assembly)
- ET 17-111: Acceptance of statutory form power of attorney (Maryland General Assembly)
- ET 17-114: Agent compensation (Maryland General Assembly)
- ET 17-116: Name of the act (Maryland General Assembly)
- ET 17-202: Statutory form personal financial power of attorney (Maryland General Assembly)
- ET 17-109: Health care decisions excluded (Maryland General Assembly)
- ET 14.5-602: Revocation or amendment of revocable trust (Maryland General Assembly)
This page is general information, not legal or financial advice. Laws vary by state.