Will.com / Power of attorney / Maryland
MD · Durable Power of Attorney
Make your Maryland power of attorney.
Name someone you trust to handle your finances if you can't. Legally valid in Maryland. Free to create, or add secure online document storage with the $29/year subscription.
Maryland POA requirements
Key features in Maryland
- Fourteen subject categories on the §17-203 Statutory Form Limited Power of Attorney, each with an initial line under every authority it lists: real property; tangible personal property; stocks and bonds; commodities; banks and other financial institutions; operation of an entity or a business; insurance and annuities; estates, trusts, and other beneficial interests; claims and litigation; personal and family maintenance; benefits from governmental programs or civil or military service; retirement plans; taxes; gifts and transfers
- Thirteen 'Grant of Specific Authority' lines each need the principal's separate initials: gifts or transfers without restriction on amount, gifts or transfers in favor of the agent, creating and funding an inter vivos trust or ABLE account, amending or revoking an existing trust, gifts for benefit-program eligibility, rights of survivorship, beneficiary designations, delegating the agent's authority, waiving a joint and survivor annuity, exercising delegable fiduciary powers, disclaiming property, digital assets, and demanding delivery of the principal's will
- Durability is presumed under Md. Est. & Trusts §17-105(c): a written power of attorney is durable unless otherwise provided by its terms
- Notary may count as one of the two required witnesses under §17-110(b)
- For a power of attorney executed on or after October 1, 2010, requires BOTH 2 witnesses AND notary under §17-110(a)
How it works
- 1
Answer a few questions
About your agent, the powers you want to grant, and when they take effect.
- 2
Download your power of attorney
A complete, personalized document, formatted for Maryland.
- 3
Sign and share
Sign in front of 2 adult witnesses and a notary. Give a copy to your agent.
Recording your Maryland POA
Maryland requires (or permits) recording of the POA at the Clerk of the Circuit Court for the county where the property lies when it covers real property. See Md. Code, Real Prop. §4-107.
Recording isn't required for a POA used only for financial accounts, but it's needed before your agent can sell, lease, or mortgage real estate on your behalf.
Who can witness your Maryland POA
I am an adult, and I attested and signed this Power of Attorney in the physical presence of the principal and of the other witness (Md. Code, Est. & Trusts §17-110(a)(4)).
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your POA?
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