Free Maryland Durable Power of Attorney Forms
A Maryland durable power of attorney (POA) is a legal document that enables you to grant someone the authority to perform major decisions and transactions that personally affect you in case you become incapacitated.
Referred to as an agent or surrogate, this individual acts on your behalf in matters relating to healthcare, personal care, finances, investments, and more.
The person granting the authority through the POA form is called the principal, grantor, or grantor of authority.
Maryland Durable Power of Attorney Laws
Maryland POAs are guided by the following laws:
Validity of the authority
The authority of a durable POA remains exercisable even when the principal becomes incompetent or disabled (§ 17–105 (a) Md. Code).
Agent acting without knowledge of death, incapacity, or incompetence
If the agent acts in good faith according to their responsibilities without knowing about the death, incapacity, or incompetence of the principal, the agency remains in force (§17–106 (a) (1), Md. Code).
Effectivity of the POA
A power of attorney takes effect when it is signed unless the principal specifies in the document that it takes effect at a later time or when a specific event or circumstance occurs (§17–111, (a) Md. Code).
Conditions for revoking POAs
Any power of attorney ends immediately upon the death of the principal. A durable POA expires if the agent revokes it. The principal can also terminate the POA as long as they are mentally competent.
If no agent is available, the POA will expire. However, an alternative agent can be named in the POA to ensure continuous care and management of the principal’s personal affairs.
The POA will also expire if a judge rules that a POA is invalid. Although it's uncommon, a court may invalidate a POA if it finds that the principal was under duress or coercion or was mentally unsound upon signing the document (§17–112, Md. Code).
Signing Requirements in Maryland
A POA must meet the following criteria to be valid in Maryland:
- The principal must be mentally competent. Mental soundness can be decided on by Maryland courts.
- In Maryland, a power of attorney is only legally binding if it was signed with two witnesses and a notary public present. The notary public can serve as the first witness (§ 17-110, Md. Code).
How To Write a Durable POA in Maryland
Executing a durable power of attorney can help you ensure that your wishes are carried out should you become incapacitated.
If you want to write a durable POA in Maryland, follow these steps:
1. Start with a statutory form, software, or an attorney to draft the POA.
You can construct your POA in Maryland by filling out a statutory form. There are printable and downloadable templates available that can help you fast-track your initial draft. Make sure to customize it with the permission you want to give your agent.
You can then hire an attorney to help you finalize your POA. Many attorneys incorporate durable POAs and a will or living trust as part of more thorough estate planning.
2. Sign your POA
Sign your POA in the presence of two witnesses. The notary public who will notarize the document can act as one of the witnesses.
3. Give your chosen agent a copy
After signing, your POA is now valid and binding. So that an agent acts on your behalf, give your agent a copy of the document. They will need to present it whenever they transact for you or represent you.
4. Provide a Copy to the Circuit Court Clerk’s Office
If your agency also grants your agent permission to handle your real estate assets, provide a copy to the county records office where you own land.
In Maryland, the land records office is a division of the circuit court clerk's office. If your agent makes real estate decisions on your behalf, this will enable the circuit court clerk's office to acknowledge your agent's authority.
Based on the same principle, you can also provide copies of the POA to healthcare providers and facilities so that they can be aware of the POA.