Maryland · checked against the official statute text October 14, 2026

Bank won't accept a power of attorney in Maryland? Here's what MD law says

Short answer: Maryland's strongest acceptance rule covers statutory form powers of attorney. For authority granted in a statutory form power of attorney, a person "may not require an additional or different form of power of attorney," and a person who refuses an acknowledged statutory form power of attorney in violation of that section is subject to a court order requiring acceptance and liability for reasonable attorney's fees and costs (Md. Code, Est. & Trusts §17-104). The act doesn't set a number of days, and other laws that apply to financial institutions prevail where they conflict (§17-115).

In Maryland, which document you hold changes what the law says at the counter. Knowing whether your power of attorney is on the statutory form, and what the act says about relying on it, is where to start.

This page summarizes the statute, with section numbers. It isn't legal advice about your document or your bank. Whether these rules apply to your situation is a question for a Maryland attorney.

What Maryland's law says

What helps an institution rely on the document

• Good-faith protection. A person who acts in good faith without actual knowledge of the principal's death, disability or incompetence is protected (§17-106(a)).
• Agent's affidavit. Absent fraud, an agent's affidavit that they have no knowledge the power of attorney has ended "is conclusive proof of the nonrevocation" (§17-106(b)).
• Agent's certification. Maryland's statute includes an optional agent's certification form, signed under penalty of perjury and notarized (§17-204).
• Copies. A photocopy or electronically transmitted copy of an original power of attorney "is as valid and binding as the original," subject to other law (§17-108(c)).
• Age alone doesn't end it. Authority continues "even if there has been a lapse of time since the execution" (§17-112(c)). The act has no rule letting an institution refuse a document just because it's old.
• A court can be asked. A person asked to accept a power of attorney may petition a court to construe it or review the agent's conduct (§17-103(a)(9)).

For what Maryland requires when the document is signed, see the Maryland signing-requirements checklist.

Options families commonly consider

Every situation is different, and none of these is a recommendation:

• Check which document you hold: Maryland's statutory form, or a different power of attorney. The §17-104 protections are tied to the statutory form.
• Ask what, specifically, the institution needs, and whether an agent's certification or affidavit would resolve it.
• Ask for the reason in writing, and keep a dated log of each contact.
• Escalate inside the institution. The federal Consumer Financial Protection Bureau suggests going to "the branch manager, a supervisor, or an attorney for the bank."
• File a complaint with the Consumer Financial Protection Bureau (consumerfinance.gov) or the institution's regulator.
• Talk to a Maryland attorney about whether §17-104 applies and what a court order would involve.

Questions to bring to your attorney

• Is our power of attorney a "statutory form" under §17-101(p)?
• If it isn't, what does Maryland law say about this institution's refusal?
• Would the agent's certification in §17-204 or an affidavit under §17-106 help here?
• Does another law that applies to this financial institution change the answer (§17-115)?

Want the worksheets? The Maryland POA Readiness Kit ($49) turns this into a statutory-form checklist for your attorney, a pre-clearance worksheet for each institution, an escalation log and an agent's records spreadsheet.

Sources: Md. Code, Estates & Trusts §§17-101, 17-103, 17-104, 17-106, 17-108, 17-112, 17-115, 17-204, official text, Maryland General Assembly (mgaleg.maryland.gov), checked October 14, 2026 · Consumer Financial Protection Bureau, Ask CFPB #1151 (last reviewed August 30, 2024).