Updated on September 30th, 2022
A Maryland general power of attorney is used to grant an agent (or “attorney-in-fact”) the authority to act on behalf of a principal in managing their financial affairs. An agent’s responsibilities often include buying and selling real estate, managing bank accounts, filing lawsuits, and titling motor vehicles in the principal’s name. If the principal wants the power of attorney to revoke upon their incapacity, they must indicate this desire in the “Special Instructions” area found on page 7. The document will need to be authenticated by a notary public, and the principal must sign in the presence of two (2) or more adult witnesses, who must also sign the power of attorney.
Laws – §§ 17-101 – 17-204 (Maryland General and Limited Power of Attorney Act)
Signing Requirements (§ 17–110) – Two (2) Witnesses and Notary Public
Durable Power of Attorney – Unlike a general (non-durable) power of attorney, a durable power of attorney does not terminate if the principal becomes incapacitated.