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

Maryland power of attorney requirements: a signing checklist

Short answer: under Maryland's General and Limited Power of Attorney Act, a power of attorney signed on or after October 1, 2010 must be in writing, signed by the principal (or by someone in the principal's physical presence at their express direction), acknowledged before a notary, and signed by two or more adult witnesses; the notary may be one of the witnesses (Md. Code, Est. & Trusts §17-110). Unless it says otherwise, a Maryland power of attorney is durable (§17-105(c)).

Maryland also publishes official statutory forms, and whether a document is on one of them changes what the law says about bank acceptance. This checklist follows the statute so you can see what an institution will look for.

This is a readiness checklist, not legal advice, and it isn't a form. We don't draft or fill in powers of attorney or tell you which form to use. A Maryland attorney can prepare the document and answer questions about your family's situation.

The checklist: what Maryland requires

• In writing. (§17-110(a)(1))
• Signed by the principal, or by another person "in the physical presence of the principal, and at the express direction of the principal" (§17-110(a)(2)).
• Acknowledged before a notary, "in the physical or electronic presence of a notary public" (§17-110(a)(3)).
• Two or more adult witnesses who attest and sign (§17-110(a)(4)). The notary "may also serve as one of the two or more adult witnesses" (§17-110(b)). Electronic or remote witnessing has its own conditions, including a supervising attorney (§17-110(c), (d)).

Durable, springing and the statutory forms

• Durable by default. A written power of attorney "is a durable power of attorney unless otherwise provided by its terms" (§17-105(c)).
• Effective when signed, unless it names a future date or event (§17-111(a)).
• Springing documents and incapacity. The principal may name who determines incapacity. If no one is named, or that person can't or won't act, incapacity is determined in writing by a physician or licensed psychologist, or by certain others listed in the statute, such as an attorney or judge (§17-111(b), (c)).
• Age alone doesn't end it. Authority continues "even if there has been a lapse of time since the execution" (§17-112(c)).
• Official statutory forms. Maryland's statute includes a Statutory Form Personal Financial Power of Attorney (§17-202), a Statutory Form Limited Power of Attorney (§17-203) and an optional agent's certification (§17-204). The text is on the Maryland General Assembly's website (mgaleg.maryland.gov). Which form, if any, fits your family is a question for a Maryland attorney.

After it's signed: the agent's records

Unless the power of attorney says otherwise, an agent who has accepted the appointment must "keep a record of all receipts, disbursements, and transactions made on behalf of the principal" (§17-113(b)(3)). The agent must also act with care, competence and diligence for the principal's best interest, and only within the authority granted (§17-113(a)). Keeping receipts, a note of what each payment was for, and copies of statements from the start is far easier than rebuilding them later.

Questions to bring to your attorney

• Should our document be on Maryland's statutory form, and does that matter for how banks treat it?
• Should it take effect now or on incapacity, and if on incapacity, who should determine it?
• Who should serve as agent and successor agent, and do they understand the duties in §17-113?
• Should we use the optional agent's certification in §17-204?
• If a parent's ability to sign is in question, what does the attorney need from the doctor?

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 §§17-105, 17-110, 17-111, 17-112, 17-113, 17-202, 17-203, 17-204, official text, Maryland General Assembly (mgaleg.maryland.gov), checked October 14, 2026.