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

Witnesses required2 witnesses
NotarizationRequired
Statutory formDurable Power of Attorney
StatuteMd. Code, Est. & Trusts §17-101 et seq.

Key features in Maryland

  • Subject-specific authority categories matching the §17-202 Personal Financial Power of Attorney form: real property; tangible personal property and motor vehicles; stocks and bonds; banks and other financial institutions; insurance and annuities; claims and litigation; governmental benefits; retirement plans; taxes; digital assets; trust and estate matters
  • Optional 'Grant of Specific Authority' (hot powers) requires separate express initials: gifts and transfers, joint accounts and beneficiary designations, disclaimers
  • Durability is presumed under §17-105(c): a written power of attorney is durable unless the document expressly provides otherwise (Maryland reversed the older default in the 2010 enactment of the Maryland Power of Attorney Act)
  • Notary may count as one of the two required witnesses under §17-110(b)
  • Requires BOTH 2 witnesses AND notary under §17-110(a)

How it works

  1. 1

    Answer a few questions

    About your agent, the powers you want to grant, and when they take effect.

  2. 2

    Download your power of attorney

    A complete, personalized document, formatted for Maryland.

  3. 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 (every power of attorney authorizing an agent to sell or grant property must be executed in the same manner as a deed and recorded in the land records of the county where the property lies; §4-107 governs the recording sequence and revocation framework for POAs authorizing conveyance, distinct from the general deed-recording rules in §3-101 and §3-301).

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.

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?

Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.

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