What the rule says
Maryland adopted the General and Limited Power of Attorney Act effective October 1, 2010, codified at Md. Code Ann., Est. & Trusts § 17-101 et seq. The Act provides Maryland with a modern POA framework similar to the Uniform Power of Attorney Act adopted by other states.
Default durability
A Maryland POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Md. Code Ann., Est. & Trusts § 17-202, certain powers require express authorization:
- Making a gift - Creating, amending, modifying, revoking, or terminating an inter vivos trust - Creating or changing rights of survivorship - Creating or changing a beneficiary designation - Disclaiming property - Delegating fiduciary authority
Third-party acceptance
Under § 17-204, third parties (banks, brokers, etc.) generally must accept properly executed Maryland POAs.
Execution requirements
A valid Maryland POA must be:
- Signed by the principal - Acknowledged before a notary public - Signed by two adult witnesses
Maryland requires both notarization AND two witnesses — more formality than many UPOAA states.
Healthcare power of attorney is separate
Maryland separates property and healthcare frameworks. Healthcare decisions require a separate Maryland Advance Directive under Md. Code Ann., Health-Gen. § 5-601 et seq.
What happens without a POA
If a Maryland resident becomes incapacitated without an executed durable POA, the family must seek guardianship under Md. Code Ann., Est. & Trusts § 13-201 et seq.
What you can do about it
For Maryland residents:
- Execute a durable POA. - Acknowledge before a notary AND two witnesses. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Directive. - Update older POAs. POAs from before October 1, 2010 may not benefit from the current framework.
Who this affects most
Maryland's POA framework is most consequential for Maryland adults without executed POAs and households with older POAs that may not meet current execution standards.