Maryland Power of Attorney Requirements (2026)

Updated August 3, 2026. Quick answer: For POAs executed after October 1, 2010: must be signed by the principal (or a designee in the principal’s physical presence), acknowledged before a notary public, AND attested and signed by two or more adult witnesses in the presence of the principal and each other — notary and witnesses are both required, not alternatives. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.

What decides whether the document is valid

For POAs executed after October 1, 2010: must be signed by the principal (or a designee in the principal’s physical presence), acknowledged before a notary public, AND attested and signed by two or more adult witnesses in the presence of the principal and each other — notary and witnesses are both required, not alternatives. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.

Who may not witness: None stated — §17-110 affirmatively permits the same notary public who takes the acknowledgment to also serve as one of the two required witnesses; no category of person (agent, relative, beneficiary) is expressly barred from witnessing. Where a state does bar particular people from witnessing, this is the condition that most often fails in practice, because the people in the room are usually the people with an interest.

The free official form

Maryland publishes a form at no cost: the official Maryland power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.

Durability — the point most people get wrong

Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.

Why a springing power often fails when it is needed, and why durable is usually the better default.

If a bank refuses it

Maryland addresses this by statute: Md. Code, Estates and Trusts §17-104: a person may not demand a different/additional form for authority already granted in an acknowledged statutory-form POA; wrongful refusal exposes the refuser to a court order compelling acceptance and liability for reasonable attorney’s fees/costs. No explicit deadline stated, and applies to statutory-form POAs specifically, not all acknowledged POAs generally.

What the acceptance-and-refusal statutes require where they exist, the permitted grounds for refusal, and the attorney-fee remedy.

What the form does not solve

• Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
• It has to be signed while capacity is intact. The day that closes, the alternative is a court.
• Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.

All 51 jurisdictions compared.

General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.