Maryland Power of Attorney Requirements
Maryland’s General and Limited Power of Attorney Act (Md. Code, Estates & Trusts § 17-101 et seq.) sets how a Power of Attorney is signed, when it continues through incapacity, and what an agent must do. Here are the essentials in plain English, each linked to the official Maryland Code.
Based on Maryland General and Limited Power of Attorney Act, Md. Code, Estates & Trusts § 17-101 et seq.. Reviewed October 2026. Education, not legal advice — Maryland’s requirements are set by state law and can change, so confirm them with an official Maryland source or a licensed attorney.
Preparing to serve—or already serving—in Maryland?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Maryland information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Maryland’s Power of Attorney law?
Maryland’s financial Power of Attorney law is the Maryland General and Limited Power of Attorney Act, Estates & Trusts §§ 17-101 to 17-204. It includes optional statutory forms: a Personal Financial Power of Attorney (§ 17-202) and a Limited Power of Attorney (§ 17-203).
How does a Maryland Power of Attorney have to be signed?
Under Estates & Trusts § 17-110, 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 presence at the principal’s express direction), acknowledged before a notary public, and attested and signed by two or more adult witnesses. The notary may also serve as one of the witnesses.
Is a Maryland Power of Attorney durable?
By default, yes. Under Estates & Trusts § 17-105, a written Power of Attorney is a durable Power of Attorney unless otherwise provided by its terms.
What does a Maryland agent have to do?
Under Estates & Trusts § 17-113, an agent must act according to the principal’s reasonable expectations (or best interest), with care, competence and diligence, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest and keep a record of all receipts, disbursements and transactions. Under § 17-102, the principal, a guardian and certain others can request disclosure.
Does a Maryland Power of Attorney have to be recorded for real estate?
Under Real Property § 4-107, a Power of Attorney authorizing an agent to sell and grant property is executed like a deed and recorded. A revocation counts once it is recorded in the office where the deed would be recorded.
What happens to a spouse-agent’s authority in a divorce?
Under Estates & Trusts § 17-112, unless the Power of Attorney says otherwise, a spouse-agent’s authority ends when an action is filed for dissolution, annulment or legal separation.
How is a Maryland advance directive signed?
Healthcare decisions are covered by an advance directive under the Health Care Decisions Act. Under Health-General § 5-602, a written advance directive is dated, signed and witnessed by two witnesses; a notary is not required. The health care agent may not serve as a witness, and at least one witness must not be entitled to any part of the person’s estate or otherwise benefit financially from their death. The Maryland Department of Health publishes the form.
Md. Health-General § 5-602 ↗Maryland Department of Health: Advance Directives ↗
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Maryland attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Maryland’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Maryland Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Maryland Statutory Form Personal Financial Power of Attorney (Est. & Trusts § 17-202)Official source: Maryland General AssemblyStatutory form text in Md. Code, Estates & Trusts § 17-202. It covers financial matters, not health-care decisions.Open on mgaleg.maryland.gov →
- Maryland Advance Directive forms — Maryland Department of HealthOfficial source: Maryland Department of Health, Advance Directive ProgramState health department page with the downloadable Maryland Advance Directive form and instructions; the Department also offers online completion via its registry partner.Open on health.maryland.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Maryland source above or a licensed Maryland attorney. If a link doesn’t open, search for the form by name on the official state website.
MOLST: a different kind of document
MOLST
Maryland Medical Orders for Life-Sustaining Treatment (MOLST) — MIEMSSSource: Maryland Institute for Emergency Medical Services Systems (MIEMSS)A POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on miemss.org →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Maryland
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Maryland may need. Click a website to open the office’s official page in a new tab.
- Maryland Adult Protective ServicesReport suspected abuse or neglect of adults.dhs.maryland.gov/adult-protective-services → · 1-800-917-7383
- Maryland Department of AgingState aging agency and local Area Agencies on Aging.aging.maryland.gov → · 1-800-243-3425
- Maryland Attorney General: Consumer ProtectionConsumer complaints and disputes.oag.maryland.gov/our-office/Pages/consumer-protection-division.aspx → · 410-528-8662
- Maryland Department of Health: Advance Directive ProgramMaryland advance directive forms and planning resources.health.maryland.gov/phpa/ccdb/ADP/Pages/Home.aspx →
- Maryland Legal AidFree civil legal services for eligible Marylanders.www.mdlab.org → · 888-465-2468
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
What may help next
Now that you know what Maryland provides, let’s figure out what may help next. Tell us where you are right now.
Where are you right now?
POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
See something wrong or out of date on this page? Report an issue →