Maryland: Power of Attorney Requirements

The short answer

Maryland's Estates and Trusts Title 17 — the Maryland General and Limited
Power of Attorney Act (§ 17-116) — requires more formality than most states.
A power of attorney executed on or after October 1, 2010 must be "signed by
the principal," "acknowledged by the principal in the physical or electronic
presence of a notary public," and "attested and signed by two or more adult
witnesses" (§ 17-110(a)). Notary and witnesses stack; they are not
alternatives. One shortcut: "the notary public before whom the principal
acknowledges the power of attorney may also serve as one of the two or more
adult witnesses" (§ 17-110(b)), so in practice you need a notary plus at
least one more witness.

Durability is the default: "a power of attorney in writing" "is a durable
power of attorney unless otherwise provided by its terms" (§ 17-105(c)).
Maryland also publishes two official fill-in forms.

Requirements one by one

Governing law

The Maryland General and Limited Power of Attorney Act, Est. & Trusts §§
17-101 to 17-116 (§ 17-116). Maryland's act is "modeled on" the Uniform Power
of Attorney Act but "departs in significant ways" — its notarization-and-
witnesses execution rule is the clearest example.

Who must sign

The principal, or "some other person for the principal, in the physical
presence of the principal, and at the express direction of the principal" (§
17-110(a)(2)).

Notarization

Required, on top of witnesses rather than instead of them. The power of
attorney must be "acknowledged by the principal in the physical or electronic
presence of a notary public" (§ 17-110(a)(3)).

Witnesses

Also required: "attested and signed by two or more adult witnesses who sign
in ... the physical presence of the principal and each other" or, for an
electronic power of attorney, in each other's electronic presence (§
17-110(a)(4)). The notary can pull double duty: "the notary public before
whom the principal acknowledges the power of attorney may also serve as one
of the two or more adult witnesses" (§ 17-110(b)) — so a notary plus one
additional witness satisfies the section.

Statutory form

Yes, two of them. The "Maryland Statutory Form Personal Financial Power of
Attorney" (§ 17-202) and the "Maryland Statutory Form Limited Power of
Attorney" (§ 17-203), for a full grant or a checkbox-limited grant. A
recipient "may not require an additional or different form of power of
attorney for any authority granted in a statutory form power of attorney" (§
17-104(a)), and refusing to honor one can mean paying the principal's or
agent's attorney's fees (§ 17-104(b)).

Durable by default?

Yes. "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(c)). Acts the agent takes during
the principal's "disability or incompetence" or "during any period of
uncertainty as to whether the principal is dead or alive" bind the principal
just as if none of that were true (§ 17-105(d)).

Springing POA allowed?

Yes. 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(a)). The
principal may name someone to certify in writing that the event happened (§
17-111(b)). If the trigger is incapacity and no one is named (or willing),
the power of attorney becomes effective once "a physician or licensed
psychologist," or "an attorney at law, a judge, or an appropriate
governmental official," determines in writing that the principal is
incapacitated (§ 17-111(c)).

Real estate extras

A power of attorney used "to sell and grant any property" must be "executed
in the same manner as a deed" and recorded "before," "on the same day as," or
— only if strict conditions are met — after the deed made under it (Real
Prop. § 4-107(a)). The after-the-fact option requires the power of attorney
to be "dated and acknowledged on or before the effective date of the deed,"
unrevoked through the recording date, and accompanied by the agent's
affidavit that they had no actual knowledge of any revocation, death, or
incompetence at the time they signed the deed (Real Prop. § 4-107(b)).

Out-of-state POAs

Recognized. A power of attorney "executed other than in this State is valid
and enforceable in this State as to persons dealing with the agent if," at
execution, it complied with "the law of the jurisdiction that determines the
meaning and effect of the power of attorney," or with the federal military
power of attorney statute (§ 17-108(b)). Copies count too: "a photocopy or
electronically transmitted copy of an original power of attorney is as valid
and binding as the original," though a court clerk may still refuse to record
one (§ 17-108(c)).

What trips people up

• Getting only a notary, or only two witnesses. Maryland requires both
  for the same signature; either alone under-executes the document (§
  17-110(a)(3)-(4)).
• Not realizing the notary can double as a witness. You don't need three
  separate people — a notary plus one more adult witness is enough (§
  17-110(b)).
• Assuming durability needs special language. In Maryland it's the
  opposite: leaving durability language out is what keeps the default (§
  17-105(c)).
• Forgetting the deed-style rules for real estate. A power of attorney
  used to sell or grant property needs its own deed-style execution and
  recording sequence, separate from the ordinary § 17-110 signing (Real
  Prop. § 4-107(a)).

Common questions

Does Maryland require both a notary and witnesses? Yes — a notary
acknowledgment and two adult witnesses, though the notary can count as one of
the two (§ 17-110(a)(3)-(4), (b)).

Is a Maryland power of attorney durable automatically? Yes. A written
power of attorney is durable unless it says otherwise (§ 17-105(c)).

Is there an official Maryland power of attorney form? Yes — a full
Statutory Form Personal Financial Power of Attorney (§ 17-202) and a Statutory
Form Limited Power of Attorney (§ 17-203).

Can it take effect only if I become incapacitated later? Yes. Name
someone to determine that in writing; without a willing, named person, a
physician or licensed psychologist, or an attorney, judge, or government
official, can make that determination instead (§ 17-111(a)-(c)).

Will my out-of-state power of attorney work in Maryland? Yes, if its
execution complied with the law of the jurisdiction that governs it, or with
the federal military power of attorney statute (§ 17-108(b)).

Statutes and sources

Quotations for §§ 17-104, 17-105, 17-108, 17-110, 17-111, and 17-116 are from
the Estates and Trusts Article, and Real Prop. § 4-107 is from the Real
Property Article, of the Annotated Code of Maryland as published by the
Maryland General Assembly at mgaleg.maryland.gov, accessed 2026-07-04.

• § 17-110 — execution: notary and two witnesses. Quoted above.
  View official text (mgaleg.maryland.gov)
• § 17-105 — durability is the default. Quoted above.
  View official text (mgaleg.maryland.gov)
• § 17-104 — statutory forms must be accepted. Quoted above.
  View official text (mgaleg.maryland.gov)
• § 17-111 — effective date and springing powers. Quoted above.
  View official text (mgaleg.maryland.gov)
• § 17-108 — out-of-state validity and copies. Quoted above.
  View official text (mgaleg.maryland.gov)
• § 17-116 — short title. Quoted above.
  View official text (mgaleg.maryland.gov)
• Real Prop. § 4-107 — deed-style execution and recording for real
  estate powers of attorney. Quoted above.
  View official text (mgaleg.maryland.gov)

No pending Maryland legislation currently affects any of the requirements
described on this page.