Free Maryland Durable Power of Attorney Form

A Maryland durable power of attorney is a written document that lets a principal name an agent to make financial decisions on their behalf. The agent's authority continues even if the principal later becomes incapacitated.[1] Reasons to create a sample durable power of attorney range from a health diagnosis to simple advance planning, though the document itself does not let an agent make medical decisions.

The form gives the agent access to the principal’s bank accounts and property once it is signed, so the agent should be someone the principal trusts completely. Maryland law also requires the document to be notarized before it takes effect.[2] See Maryland power of attorney templates for other types of powers of attorney used in the state.

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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Maryland law. If you notice an error or outdated information, please contact us.

Signing Requirements and Laws

Maryland's rules for a durable financial power of attorney come from the Estates and Trusts article of the Maryland Code.[1][2][4] The document must be signed, notarized, and witnessed by two adults before it is valid. It stays in effect even if the principal later becomes incapacitated.

Consider the crucial terms you need to know while filling out a Durable Power of Attorney form in Maryland:

  • A principal is the person who creates the form and appoints an agent.
  • An agent (also called an attorney-in-fact) is the person the principal names to make financial decisions on the principal's behalf.
  • Durable means the agent's authority continues even after the principal becomes incapacitated,[1] unlike a standard power of attorney, which ends at that point.

The FormsPal template lets you grant specific powers by initialing only the ones you want, rather than writing your own list from scratch. This mirrors the initial-based structure Maryland's own statutory form uses.[4]

To be valid, the document must be signed by the principal, or by someone else signing in the principal's presence and at the principal's direction. It must also be acknowledged before a notary public, in person or electronically. At least two adult witnesses must sign in the presence of the principal and each other.[2]

Arrange for Witnesses

The FormsPal template below does not include witness signature lines, but Maryland law still requires two adult witnesses.[2] Arrange for two witnesses to be present, along with a notary public, when you sign.

Maryland law also provides an optional statutory short form personal financial power of attorney.[4] You are not required to use that exact wording. A form that meets the signing and notarization requirements above is valid even if it does not follow the statutory form word for word.

Maryland Durable Power of Attorney Form Details

Document Name Maryland Durable Power of Attorney Form
Other Names Maryland Financial Durable Power of Attorney, MD DPOA
Relevant Laws Md. Code, Estates and Trusts, Title 17 (Power of Attorney)
Signing Requirements Notary Public and Two Witnesses
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 37
Available Formats Adobe PDF

Does a Maryland Durable Power of Attorney Need to Be Notarized?

Yes. Maryland law requires a durable power of attorney to be notarized before it is valid.[2] The principal must sign the document in the physical or electronic presence of a notary public, who then completes the acknowledgment section. Maryland also requires two adult witnesses to sign, separate from the notarization requirement.

Why Create a Durable Power of Attorney?

A durable power of attorney lets you choose in advance who manages your finances if you become unable to do so yourself, whether from an accident, an illness, or age-related decline. Without one in place, family members may need to ask a court to appoint a guardian or conservator, a process that takes time and puts the decision in a judge's hands rather than yours.

Because this form is durable, it keeps working through that kind of incapacity instead of automatically ending, which is the main reason people create one before they need it rather than after.

What Powers Can You Grant Your Agent?

The Maryland durable power of attorney form lets you authorize your agent to act on your behalf across 14 subject areas, from real property and banking to tax matters and retirement accounts. You decide which powers to grant by initialing only the ones that apply, or you can initial a single line to grant all of them at once.

  • Property. Real property and tangible personal property transactions, including any interest you hold in land, vehicles, or other belongings your agent may need to buy, sell, or manage on your behalf.
  • Financial accounts. Banking, stock, bond, and other financial institution transactions, so your agent can access and manage your accounts.
  • Business and contracts. Business operating transactions and any contract you have signed or need to sign, letting your agent step into your role.
  • Insurance and retirement. Insurance, annuity, retirement plan, and tax matters, including filing returns and managing retirement accounts on your behalf.
  • Claims and benefits. Claims, litigation, and government benefits such as Social Security or Medicaid.

Your agent may act only within the subjects you authorize. Unless you state otherwise in the special instructions, the agent's authority to act under any granted subject continues for as long as the power of attorney itself remains in effect.

General vs. Limited Power of Attorney

A general power of attorney grants broad authority across most or all of the subjects listed above. A limited power of attorney grants authority over only specific tasks, such as selling one piece of property or managing a single bank account. This form can serve as either one, depending on how many of the 14 subject areas you initial.

If you initial only one or two subjects, you have effectively created a limited durable power of attorney. If you initial line (N) to grant everything, you have created a general durable power of attorney. Choose the scope that matches how much control you actually want to hand over.

Can You Name More Than One Agent?

Yes. The Maryland form lets you name co-agents and lets you state whether they must act together or may act separately. If you designate two or more agents to act separately, any one of them may sign documents or complete transactions on your behalf, and third parties may rely on that action. If you require them to act together, decisions are made by a majority of the agents.

You can also name a successor agent who steps in if your first agent becomes unable or unwilling to serve, so your affairs do not go unmanaged while a replacement is found.

When Does a Maryland Power of Attorney End?

A Maryland power of attorney ends automatically when the principal dies, revokes it, or when the document's own terms provide for its termination. It also ends when its purpose is accomplished.[3.1] Unless the document says otherwise, the agent's authority continues despite any lapse of time since it was signed.[3.3]

The power of attorney itself ends when:

  • The principal dies.
  • The principal becomes incapacitated, if the power of attorney is not durable. A durable power of attorney, like this one, does not end for that reason.
  • The principal revokes the power of attorney.
  • The power of attorney's own terms provide that it terminates.
  • Its purpose is accomplished.
  • The principal revokes the agent's authority, or the agent dies, becomes incapacitated, or resigns, and the document does not name another agent to act.

[3.1]

Separately, an individual agent's authority under the power of attorney terminates when:

  • The principal revokes the agent's authority.
  • The agent dies, becomes incapacitated, or resigns.
  • An action is filed for the dissolution or annulment of the agent's marriage to the principal, or for their legal separation, unless the power of attorney provides otherwise.
  • The power of attorney terminates.

[3.2]

Steps to Complete the Form

Below is a step-by-step walkthrough of the form based on its actual layout. Complete each part in order, and review the whole document with your agent before you sign it. Mistakes or blank fields can create confusion for banks and other institutions later.

  1. Identify the Principal and Agent. Enter your full name and address as the principal, then your agent's full name and address. The Maryland form only asks for an address for each party, not a phone number or email. Principal and agent info entering section of Maryland durable power of attorney
  2. Initial the Powers You Are Granting. Maryland's form lists 14 lettered powers, from real property and banking to tax matters and retirement accounts. Initial line (N) to grant every power, or initial only the specific letters you want the agent to have. Leave a line blank to withhold that power. part for rights and responsibilities of agent of a Maryland dpoa template
  3. Add Special Instructions. The form includes four pre-printed special instructions covering HIPAA medical-record access for your agent, medical claims and reimbursements, retirement account transactions, and digital assets. Review each one and add any instructions of your own in the space provided. Section for special instructions and effective date of durable poa form for Maryland
  4. Choose the Effective Date. Initial one of three options: effective immediately and continuing through any future incapacity, effective on a specific date you write in, or effective only once you become incapacitated as the form defines that term.
  5. Name a Successor Agent. If you are naming more than one agent, state whether they must act together or may act separately. You can also name a successor agent who takes over if your first agent becomes unable or unwilling to serve.
  6. Sign and Date the Form. Sign, print your name, and date the document in the signature block. Signing section of Maryland dpoa template
  7. Complete the Acknowledgment. Take the signed form to a notary public. The notary completes the acknowledgment section, confirms your identity, and signs and seals the document. Maryland also requires two adult witnesses, so arrange for them to be present when you sign, since the form does not include separate witness signature lines. Notarization part of Maryland durable power of attorney
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Other Maryland Forms
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Download a Free Maryland Durable Power of Attorney Form

Once you have reviewed the signing and notarization requirements above, download the form as a PDF, or use the document builder below to create it online. Both versions produce the same legally valid document once you sign, witness, and notarize it.

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This page is general information about Maryland durable powers of attorney, not legal advice. For advice on your situation, talk to a Maryland attorney.

Sources

Unless noted otherwise, the sources below are from the Md. Code, Est. & Trusts.

  1. Md. Code, Est. & Trusts § 17-105
  2. Md. Code, Est. & Trusts § 17-110
  3. Md. Code, Est. & Trusts § 17-112
    • 3.1 § 17-112(a)
    • 3.2 § 17-112(b)
    • 3.3 § 17-112(c)
  4. Md. Code, Est. & Trusts § 17-202
Published: Jun 26, 2022