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Power of Attorney in Maryland: Notary, Two Witnesses, the Statutory Forms and How to Get One
A Maryland power of attorney needs a notary and two adult witnesses, and the notary can be one of them. Here is what the Maryland General and Limited Power of Attorney Act requires.
By naveen · Updated · How we research our guides
What to know
- A Maryland power of attorney must be in writing, signed by your parent, acknowledged before a notary and signed by two adult witnesses (Md. Code, Estates and Trusts § 17-110).
- The notary who takes the acknowledgment can also serve as one of the two witnesses.
- It's durable by default and effective when signed, unless it says otherwise.
- Maryland's statutory forms, the personal financial and limited powers of attorney, are printed in the statute, and a bank can't demand a different form instead of a notarized statutory one.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Maryland power of attorney must be in writing, signed by your parent, acknowledged before a notary and signed by two adult witnesses, and the notary can be one of them (Estates and Trusts § 17-110). The act defines it as "a writing or other record that grants authority to an agent to act in the place of the principal." For one signed on or after October 1, 2010, § 17-110 requires it to be "Acknowledged by the principal in the physical or electronic presence of a notary public." The law is the Maryland General and Limited Power of Attorney Act, Estates and Trusts §§ 17-101 to 17-204.
What is a durable power of attorney in Maryland?
It's a power of attorney whose authority continues despite your parent's later disability or incapacity, and in Maryland a written power of attorney is durable unless its terms say otherwise. Your parent (the principal) names an agent to handle property and finances. The statute reads: "When a principal designates another as an attorney in fact or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms" (§ 17-105).
The act doesn't cover health care decisions. Those belong in an advance directive under the Health Care Decisions Act; see our Maryland advance directive guide. For the timing questions around a parent's financial document, see our guide to power of attorney for an elderly parent.
What does Maryland require for a power of attorney to be valid?
Section 17-110 requires four things: a writing, your parent's signature, a notary's acknowledgment and two adult witnesses.
| Requirement | What § 17-110 says |
|---|---|
| Writing | The power of attorney must be in writing |
| Signature | Signed by your parent, or by someone else in your parent's physical presence and at their express direction |
| Notary | Acknowledged by your parent before a notary, in person or by electronic presence |
| Two witnesses | Two or more adults, signing in the presence of your parent and each other |
The notary "may also serve as one of the two or more adult witnesses." Section 17-110 doesn't list any other qualification or exclusion for witnesses, and the sections of the act we read don't bar relatives from witnessing.
Remote signing has extra rules. Except for an electronic power of attorney used in a real estate transaction, an electronic or remotely witnessed one needs a supervising attorney, who prepares a certified paper copy, and your parent must live in Maryland or be physically there when signing.
Is there an official Maryland power of attorney form?
Yes, two optional ones, printed in the statute. § 17-202 sets out the "MARYLAND STATUTORY FORM PERSONAL FINANCIAL POWER OF ATTORNEY," and § 17-203 the "MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY." A document "substantially in one of the forms" creates a statutory form power of attorney.
The personal financial form warns that "The powers granted by you (the principal) in this document are broad and sweeping." The limited form lets your parent give "only those limited powers that you specifically indicate," and it states: "This power of attorney does not authorize the agent to make health care decisions for you." Both forms end with a notary acknowledgment and a two-witness attestation.
An agent can also use the optional certification in § 17-204, signed under penalty of perjury before a notary, to confirm that the power of attorney is still in effect.
Which powers have to be granted specifically?
In the statutory personal financial form, gifts, joint accounts, survivorship rights, beneficiary designations and agent compensation each need your parent's initials. The act's general sections, §§ 17-101 to 17-116, don't contain a separate list of powers that need an express grant. The form sets these out under a heading "GRANT OF SPECIFIC AUTHORITY (OPTIONAL)":
- Gifts: "ONLY IF I have INITIALED below, my agent may make gifts or transfer ownership of my assets outright or in trust," and only in the amounts your parent initials.
- Joint accounts, rights of survivorship and beneficiary designations, each only if your parent initials it.
- Compensation for the agent: "Your agent is entitled to compensation ONLY IF you have INITIALED one of the options listed below."
The form cautions that these choices could "significantly reduce your property or change how your property is distributed at your death." Each one stays off unless your parent initials it.
When does it take effect, and when does it end?
"A power of attorney is effective when executed, unless the principal provides in the power of attorney that it becomes effective at a future date or on the occurrence of a future event or contingency" (§ 17-111). If it starts on incapacity and no one is named to decide, a written determination by a physician or licensed psychologist, or by an attorney, a judge or an appropriate government official, triggers it.
Under § 17-112, it ends when your parent dies or revokes it, when the document says it ends or its purpose is accomplished, or when the agent can't serve and no other agent is named. Divorce matters: an agent's authority ends when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides." That's the filing, not the final decree.
If a court appoints a guardian, "the attorney in fact or agent shall account to the guardian rather than the principal," and the guardian can revoke, suspend or terminate the power of attorney. The statutory form also lets your parent nominate a guardian.
What does the agent have to do?
Under § 17-113, whatever the document says, an agent must follow your parent's known reasonable expectations, otherwise act in their best interest, "Act with care, competence, and diligence for the best interest of the principal," and act only within the authority granted. Unless the document says otherwise, the agent must also "Act loyally for the principal's benefit," avoid conflicts of interest, and "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a guardian, another fiduciary or a protective government agency requests those records, the agent has 30 days to provide them or explain in writing why more time is needed, then another 30 days (§ 17-102). An agent is reimbursed for reasonable expenses but isn't paid unless the document provides for it. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Maryland power of attorney?
Banks can't demand a different form for a notarized statutory form power of attorney. Under § 17-104, "A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney." A person who wrongly refuses "an acknowledged statutory form power of attorney" can face a court order to accept it and liability for reasonable attorney's fees and costs.
The sections we read don't set a deadline, in business days, for accepting one. The act also says it "does not supersede other laws applicable to financial institutions or other entities." Unless another law provides otherwise, a photocopy is as valid and binding as the original, though a court clerk may refuse to record a copy (§ 17-108).
Does a Maryland power of attorney need to be recorded?
Only for certain real estate transactions. Under Real Property § 4-107, "Every power of attorney executed by any person authorizing an agent or attorney to sell and grant any property shall be executed in the same manner as a deed and recorded," before or on the same day as the deed signed under it, or later only under the conditions in § 4-107(b). The agent signs the deed as agent.
How do you get a power of attorney for an elderly parent in Maryland?
Your parent makes it, by signing before a notary and two adult witnesses. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed that person.
- Choose a document: the statutory personal financial or limited form, or one drafted by an attorney.
- Go through the powers with your parent, including the gift, joint account and beneficiary options that need their initials.
- Your parent signs in front of a notary and two adult witnesses; the notary can be one of the two.
- Give the agent a copy and keep the original somewhere safe.
Your parent has to be able to sign it. If that moment has passed, the family may need a court process instead, described in our Maryland guardianship guide. For help with the choices, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Maryland?
Your parent can revoke the power of attorney or the agent's authority (§ 17-112), and the act as we read it doesn't set a required method. Under § 17-106, a person who acts in good faith without actual knowledge of your parent's death, disability or incompetence is still protected. The statutory form adds that anyone relying on it can presume it's in effect "unless I have given written notice to that person or entity that this power has been revoked."
Because the statutory form protects anyone who hasn't received written notice of revocation, written notice to the agent and to everyone holding a copy, including the bank, is how the revocation reaches them. If the power of attorney was recorded for real estate, it's treated as revoked once the revocation is recorded in the same land records office (Real Property § 4-107).
How much does a power of attorney cost in Maryland?
The notary's acknowledgment is the step with a set fee, and Maryland caps it. Under COMAR 01.02.08.02, a notary may charge no more than "$8 for the performance of a notarial act; or" "$30 for the performance of a remote notarial act," plus limited travel charges. The Secretary of State's notary FAQ lists the same caps.
Maryland's statutory forms are free to read in the statute. An attorney can draft a custom document or review the form choices with your parent, at the attorney's own rates.
Frequently asked questions
Does a power of attorney need to be notarized in Maryland?
Yes. Under Estates and Trusts § 17-110, a Maryland power of attorney must be acknowledged by your parent before a notary and also signed by two or more adult witnesses. The notary can count as one of the two witnesses. A notarized statutory form also gets the act's protection against a bank demanding a different form.
Who can witness a power of attorney in Maryland?
Any adult, under § 17-110, and the notary taking the acknowledgment can be one of them. The sections of the act we read don't list who is barred from witnessing. The witnesses sign in your parent's presence and each other's, in person or by electronic presence under extra rules that require a supervising attorney.
Where can I get a Maryland power of attorney form?
The statute prints two optional forms: the personal financial power of attorney in Estates and Trusts § 17-202 and the limited power of attorney in § 17-203, both on the Maryland General Assembly's website. Other forms are allowed, but only a statutory form gets the rule against banks requiring a different form.
Can a Maryland financial power of attorney make medical decisions?
No. The act doesn't apply to a power to make health care decisions, and the limited statutory form says it doesn't authorize them. Maryland handles health care through an advance directive under the Health Care Decisions Act, which needs two witnesses and no notary. Our Maryland advance directive guide explains it.
Is a power of attorney from another state valid in Maryland?
Yes, if its signing complied with the law of the jurisdiction that governs its meaning and effect, or with the federal rules for a military power of attorney (Estates and Trusts § 17-108). The bank-acceptance protection in § 17-104 applies only to a statutory form power of attorney, meaning one substantially in a Maryland statutory form.
How do you revoke a power of attorney in Maryland?
Your parent revokes it, and the act doesn't prescribe a method. People who rely on a power of attorney in good faith without knowing it was revoked are protected, so giving written notice to the agent, the bank and anyone else with a copy matters. A power of attorney recorded for real estate is revoked once the revocation is recorded there.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Maryland it needs both a notary and two adult witnesses. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Md. Code, Estates and Trusts § 17-110, Maryland General and Limited Power of Attorney Act: signing rules; the act runs from §§ 17-101 to 17-204, including records (§ 17-102), acceptance (§ 17-104), durability (§ 17-105), out-of-state powers (§ 17-108), effective date (§ 17-111), termination (§ 17-112) and duties (§ 17-113).
- Md. Code, Estates and Trusts § 17-202, Statutory personal financial power of attorney: the statutory personal financial form.
- Md. Code, Estates and Trusts § 17-203, Statutory limited power of attorney: the statutory limited form.
- Md. Code, Real Property § 4-107: recording a power of attorney used to sell property.
- COMAR 01.02.08.02, Notary charges and fees: the maximum notary fees.
- Maryland Secretary of State, Notary FAQ: the same fee caps in plain language.
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