Power of Attorney Acceptance and Refusal Rules in Maryland

At a glance

Requirements one by one

Which form is covered

The special rule covers an acknowledged statutory form power of attorney for authority the form grants (Md. Code, Est. & Trusts § 17-104). A statutory form is substantially the same as a Subtitle 2 form, but the definition excludes one that incorporates another writing into its optional Special Instructions (§ 17-101(p)). A different power of attorney therefore does not automatically get this particular form-protection remedy.

A photocopy or electronically transmitted copy generally has the same validity and binding effect as the original under § 17-108(c). A court clerk may, however, refuse to record a copy.

Refusal and court relief

Section 17-104(a) says a person may not require an additional or different power-of-attorney form for authority granted in a statutory form. If a person refuses an acknowledged statutory form in violation of that rule, subsection (b) authorizes an order mandating acceptance and liability for reasonable attorney’s fees and costs incurred in an action or proceeding that confirms validity or mandates acceptance. The section states no initial or later acceptance clock, list of verification documents, or written-rejection notice.

What trips people up

The attorney-fee consequence is tied to a refusal violating § 17-104. That section does not make every dispute over every financial power subject to the statutory-form remedy. The definition’s incorporated-writing exception can also take a seemingly standard form outside the special definition (§ 17-101(p)(2)).

Common questions

May a recipient insist on its own power-of-attorney form? It may not require an additional or different form for authority granted in a qualifying Maryland statutory form (§ 17-104(a)).

May a person asked to accept the document seek a court ruling? Yes. Section 17-103(a) includes that person among those who may petition a court to construe a power of attorney or review an agent’s conduct and grant appropriate relief.

Statutes and sources

The quoted Estates and Trusts provisions were accessed October 4, 2026 from the Maryland General Assembly’s current statute pages.

Md. Code, Est. & Trusts § 17-101. “(p) (1) “Statutory form power of attorney” means a power of attorney that is substantially in the same form as one of the powers of attorney set forth in Subtitle 2 of this title. (2) “Statutory form power of attorney” does not include a power of attorney set forth in Subtitle 2 of this title in which a principal incorporates by reference one or more provisions of another writing into the section of the power of attorney entitled “Special Instructions (Optional)”.” Official statute (accessed October 4, 2026).

Md. Code, Est. & Trusts § 17-103. “(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal; (3) A person authorized to make health care decisions for the principal; (4) The principal’s spouse, parent, or descendant; (5) An individual who would qualify as a presumptive heir of the principal; (6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate; (7) A governmental agency having regulatory authority to protect the welfare of the principal; (8) The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and (9) A person asked to accept the power of attorney.” Official statute (accessed October 4, 2026).

Md. Code, Est. & Trusts § 17-104. “(a) A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney. (b) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to: (1) A court order mandating acceptance of the power of attorney; and (2) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

Md. Code, Est. & Trusts § 17-108. “(c) (1) Except as otherwise provided by law other than this title and subject to paragraph (2) of this subsection, a photocopy or electronically transmitted copy of an original power of attorney is as valid and binding as the original power of attorney. (2) A clerk of court may refuse to record a photocopy or electronically transmitted copy of an original power of attorney.” Official statute (accessed October 4, 2026).