Power of Attorney in Maryland

Maryland has statutory forms: the Maryland Statutory Form Personal Financial Power of Attorney and the Maryland Statutory Form Limited Power of Attorney. A power of attorney must be in writing, signed by the principal (or by someone at the principal's direction in the principal's presence), acknowledged before a notary, and attested and signed by two adult witnesses; the notary may be one of the witnesses. A written power of attorney is durable (survives incapacity) unless it says otherwise.

A written advance directive (which can name a health care agent and state treatment wishes) must be dated, signed by or at the direction of the person making it, and signed by two witnesses. The health care agent may not be a witness, and at least one witness must not knowingly be entitled to any part of the person's estate or any financial benefit from the death. Notarization is not required. Maryland publishes an optional statutory advance directive form; other forms are also valid.

Maryland has a "Maryland Statutory Form Personal Financial Power of Attorney" (Md. Code, Estates and Trusts 17-202), with a signature and notary acknowledgment block and a two-witness attestation. A power of attorney executed on or after October 1, 2010 must be signed by the principal (or by another person at the principal's explicit direction and in the principal's physical presence), acknowledged by the principal before a notary public, and attested and signed by two or more adult witnesses in the principal's presence and each other's presence (Estates and Trusts 17-110). For health care, Health-General 5-603 provides the form "Maryland Advance Directive: Planning for Future Health Care Decisions," with signature and witness lines.