The most popular versions include the “Durable (Financial) Power of Attorney” (for business-related transactions) and the “Advance Directive” (for medical-related decisions). Although the execution of each POA may slightly differ, they pretty much all require the same formula; identifying the parties involved, selecting which authorities will be granted, and providing the necessary signatures (typically requesting the acknowledgment of witnesses and/or a notary public).
Laws
Statutes – Maryland Power of Attorney Act (§ 17-101 – § 17-204)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used (§ 17-101(d)).
Statutory Form – § 17-202
Signing Requirements – Acknowledgment of Two (2) Witnesses and Notary Public (§ 17-110)
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – A document carried out in advance to declare your wishes regarding health care at the time of incapacity and who is authorized to make decisions on your behalf.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 5-602(c))
Durable (Financial) Power of Attorney – The official state form used by those that wish to delegate financial matters to a party of their choice (stays in effect whether or not the principal is able to act for themselves).
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and Notary Public (§ 17-110)
General (Financial) Power of Attorney – A modified version of the state’s statutory form that provides an agent with all the same authorities minus the durability (does not continue once the principal is incapacitated).
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and Notary Public (§ 17-110)
Limited (Special) Power of Attorney – Provides more options in terms of the powers that can be granted so that the executor can limit the scope of authority delivered.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and Notary Public (§ 17-110)
Minor Child Power of Attorney – Appoints a temporary/standby guardian to a child so that they may tend to the minor’s needs in the absence of their parent(s).
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 13-904(a))
Motor Vehicle Power of Attorney – Individuals needing the assistance of an agent to achieve a vehicle transaction in their name may accomplish this form to do so.
Download: PDF
Signing Requirements: Necessitates the signature of the owner (and co-owner if applicable).
Real Estate Power of Attorney – Assigns an individual to act on the behalf of a principal regarding specific actions related to real property.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and Notary Public (§ 17-110)
Revocation of Power of Attorney – Parties disinterested in continuing a POA arrangement may end it by fulfilling the requirements of this instrument.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – Taxpayers may assign another individual or entity to act as their representative in regard to tax obligations.
Download: PDF
Signing Requirements: Requires the signatures of the taxpayer(s) and their representative(s).
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