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Maryland Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content

Maryland Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Frequently Asked Questions

Is a Maryland power of attorney automatically durable?

Yes. Under Md. Code, Est. & Trusts § 17-105, a written Maryland POA is durable by default. It survives the principal's incapacity automatically unless the document expressly states that the power terminates upon incapacity. No special durable language is required to achieve durability in Maryland.

How many witnesses are required for a Maryland power of attorney?

Two adult witnesses are required under Est. & Trusts § 17-110. The notary public who acknowledges the principal's signature may serve as one of the two witnesses, so in practice only one additional witness is strictly necessary. All three elements, the principal's signature, notarization, and two witnesses, must be present for the POA to be valid.

Does a Maryland power of attorney need to be notarized?

Yes. Notarization is required for a financial POA under Est. & Trusts § 17-110. The principal must acknowledge the signature before a notary public. An advance directive for health care under the Maryland Health Care Decisions Act does not require notarization, only two witnesses.

Can a Maryland power of attorney authorize health care decisions?

No. A financial POA under Est. & Trusts Title 17 does not authorize health care decisions. To appoint someone to make medical decisions, a Maryland resident must execute a separate advance directive under the Maryland Health Care Decisions Act, Md. Code, Health-General §§ 5-601 et seq.

Does Maryland have a statutory POA form?

Yes. Maryland provides two statutory forms: a personal financial POA under Est. & Trusts § 17-202 covering broad financial authority, and a limited POA for specific transactions under § 17-203. Under § 17-104, third parties, including banks and financial institutions, may not demand a different form and can be held liable for attorney's fees if they wrongfully refuse to accept a valid statutory form.

How do you revoke a power of attorney in Maryland?

A principal may revoke a Maryland POA by signing a written revocation or by executing a new POA that expressly revokes the prior one, under Est. & Trusts § 17-112. A new POA does not automatically cancel earlier ones unless it says so. The principal should notify the agent and relevant third parties, such as banks, in writing. Oral revocation is recognized but harder to enforce against third parties who have not received notice.

Can an advance directive in Maryland be revoked orally?

Yes. Under Health-General § 5-604, a declarant may revoke an advance directive through a written document, oral statement to a health care provider (which must be documented in the medical record by the provider and a witness), physical destruction of the directive, or by executing a new advance directive. The declarant should notify all parties who hold copies.

Updates

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Md. Code, Est. & Trusts § 17-101 - Definitions (Maryland General and Limited Power of Attorney Act)(mgaleg.maryland.gov)
  2. Md. Code, Est. & Trusts § 17-104 - Mandatory Acceptance of Statutory Form POA(mgaleg.maryland.gov)
  3. Md. Code, Est. & Trusts § 17-105 - Durable Power of Attorney (Default Durability Rule)(mgaleg.maryland.gov)
  4. Md. Code, Est. & Trusts § 17-106 - Good-Faith Protection After Death or Incapacity(mgaleg.maryland.gov)
  5. Md. Code, Est. & Trusts § 17-108 - Validity of Out-of-State Powers of Attorney(mgaleg.maryland.gov)
  6. Md. Code, Est. & Trusts § 17-110 - Execution Requirements (Notary + Two Witnesses)(mgaleg.maryland.gov)
  7. Md. Code, Est. & Trusts § 17-112 - Termination of Power of Attorney(mgaleg.maryland.gov)
  8. Md. Code, Est. & Trusts § 17-113 - Agent Duties and Fiduciary Obligations(mgaleg.maryland.gov)
  9. Md. Code, Est. & Trusts § 17-202 - Statutory Form Personal Financial Power of Attorney(mgaleg.maryland.gov)
  10. Md. Code, Est. & Trusts § 17-203 - Statutory Form Limited Power of Attorney(mgaleg.maryland.gov)
  11. Md. Code, Health-General § 5-601 - Definitions (Maryland Health Care Decisions Act)(mgaleg.maryland.gov)
  12. Md. Code, Health-General § 5-602 - Advance Directive: Creation and Execution Requirements(mgaleg.maryland.gov)
  13. Md. Code, Health-General § 5-604 - Revocation of Advance Directive(mgaleg.maryland.gov)
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