MARYLAND STATUTORY DURABLE POWER OF ATTORNEY
(Maryland Uniform Power of Attorney Act, Md. Code Ann., Est. & Trusts §§ 17-101 et seq., effective October 1, 2010)
PART 1 - PRINCIPAL AND AGENT INFORMATION
PRINCIPAL (Person Creating this Power of Attorney):
Name: [[Principal Full Legal Name]]
Address: [[Principal Street Address, City, Maryland, ZIP Code]]
Date of Birth: [[Principal Date of Birth]]
Social Security Number (last 4 digits, for identification only): XXX-XX-[[Last 4 Digits]]
AGENT (Person Authorized to Act - "Attorney-in-Fact"):
Primary Agent:
Name: [[Primary Agent Full Legal Name]]
Address: [[Primary Agent Address, City, State, ZIP Code]]
Telephone: [[Primary Agent Telephone Number]]
Relationship to Principal: [[Spouse / Adult Child / Sibling / Trusted Friend / Other]]
FIRST SUCCESSOR AGENT (serves only if Primary Agent is unable or unwilling to serve):
Name: [[First Successor Agent Full Legal Name]]
Address: [[First Successor Agent Address]]
Telephone: [[First Successor Agent Telephone Number]]
SECOND SUCCESSOR AGENT (serves only if Primary Agent and First Successor Agent are both unable or unwilling to serve):
Name: [[Second Successor Agent Full Legal Name]]
Address: [[Second Successor Agent Address]]
Telephone: [[Second Successor Agent Telephone Number]]
CO-AGENTS (if appointing two or more agents to act at the same time - check one):
- [ ] Co-agents must act jointly - both must agree and sign on every transaction.
- [ ] Co-agents may act separately - either may act alone on my behalf.
- [ ] Not applicable - I am appointing one Primary Agent only.
If co-agents disagree and this document does not provide for resolution, neither co-agent may exercise that authority. A successor agent is not a co-agent and may not act unless all previously appointed agents have resigned, are incapacitated, or are deceased. (Md. Code Ann., Est. & Trusts § 17-109)
PART 2 - DURABILITY AND EFFECTIVENESS
2.1 Durability - Select One
- [X] DURABLE POWER OF ATTORNEY. This power of attorney shall NOT be affected by my subsequent disability, incapacity, or mental incompetence. It is intended to be a durable power of attorney pursuant to Md. Code Ann., Est. & Trusts § 17-105(a). The durable designation is the operative language; without it, this document terminates automatically if I become incapacitated - which would defeat its most important purpose.
- [ ] NON-DURABLE POWER OF ATTORNEY. This power of attorney terminates if I become incapacitated or mentally incompetent.
2.2 Effective Date - Select One
- [ ] Immediately Effective. This power of attorney is effective upon execution and acknowledgment as provided in Md. Code Ann., Est. & Trusts § 17-106. No physician certification or other condition is required.
- [ ] Springing Power of Attorney - Effective Upon Incapacity. This power of attorney is NOT effective until [[one licensed physician / two licensed physicians]] certify in writing that I lack the capacity to manage my own financial affairs. The Agent must obtain and retain a copy of the physician certification before acting under this document. (Md. Code Ann., Est. & Trusts § 17-107)
Authorized physician(s) for certification: [[Physician Name(s) and Contact Information, or "any two Maryland-licensed physicians"]]
PART 3 - GENERAL GRANT OF AUTHORITY
(Md. Code Ann., Est. & Trusts §§ 17-117 through 17-130; I grant authority only over the subjects I initial below.)
I, [[Principal Full Legal Name]], hereby grant my Agent authority to act on my behalf with respect to the following matters. Initial next to each category of authority you wish to grant:
General Financial Authorities
| Initial | Subject Matter | Maryland Statute |
|---------|---------------|-----------------|
| ____ | Real property - buy, sell, convey, mortgage, lease, manage, partition, and otherwise deal in real property | Md. Code Ann., Est. & Trusts § 17-118 |
| ____ | Tangible personal property - buy, sell, exchange, insure, and manage personal property | Md. Code Ann., Est. & Trusts § 17-119 |
| ____ | Stocks, bonds, and securities - buy, sell, exchange, and manage investment securities and accounts | Md. Code Ann., Est. & Trusts § 17-120 |
| ____ | Commodities and options - engage in commodity futures and option transactions | Md. Code Ann., Est. & Trusts § 17-121 |
| ____ | Banks and financial institutions - open, manage, deposit, withdraw, and close bank and brokerage accounts | Md. Code Ann., Est. & Trusts § 17-122 |
| ____ | Operation of entity or business - manage a sole proprietorship, partnership, LLC, or other business entity | Md. Code Ann., Est. & Trusts § 17-123 |
| ____ | Insurance and annuities - maintain, renew, terminate, and apply for insurance and annuity contracts | Md. Code Ann., Est. & Trusts § 17-124 |
| ____ | Estates, trusts, and beneficial interests - manage my interests as beneficiary, trustee, or personal representative | Md. Code Ann., Est. & Trusts § 17-125 |
| ____ | Claims and litigation - assert, pursue, defend, and settle claims on my behalf | Md. Code Ann., Est. & Trusts § 17-126 |
| ____ | Personal and family maintenance - pay living expenses, education, healthcare, and reasonable support for dependents | Md. Code Ann., Est. & Trusts § 17-127 |
| ____ | Benefits from governmental programs or civil or military service - apply for and manage Social Security, Medicare, Medicaid, veterans' benefits, and similar programs | Md. Code Ann., Est. & Trusts § 17-128 |
| ____ | Retirement plans - manage contributions, distributions, and rollovers in any IRA, 401(k), or other qualified retirement account | Md. Code Ann., Est. & Trusts § 17-129 |
| ____ | Taxes - prepare, file, and sign federal, state, and local tax returns; represent me before tax authorities; claim refunds | Md. Code Ann., Est. & Trusts § 17-130 |
| ____ | ALL OF THE ABOVE - General grant of authority over all subjects listed above (initial here only if you intend to grant authority over every subject listed) | Md. Code Ann., Est. & Trusts § 17-117 |
General Authority Statement (if "All of the Above" is initialed): My Agent has authority to do anything with respect to all matters listed in this Part that I could do myself, subject only to the limitations in this document and Maryland law.
PART 4 - HOT POWERS (SPECIAL AUTHORITY - EXPRESS GRANT REQUIRED)
(Md. Code Ann., Est. & Trusts § 17-131 - the following powers are NOT granted to the Agent unless specifically initialed. These are "hot powers" because they can have significant estate planning consequences or benefit the Agent personally at the Principal's expense. Maryland law requires an express written grant.)
The Agent IS authorized to exercise the following powers ONLY if the Principal initials next to each one:
| Initial | Hot Power | Description |
|---------|-----------|-------------|
| ____ | Make gifts | Make outright gifts of my property to individuals or organizations, including the Agent or the Agent's relatives. Gifts to the Agent are presumptively improper without independent counsel or court approval unless initialed here. Annual gift limit per recipient: $[[Gift Limit - confirm against IRS annual exclusion, currently $18,000 for 2024; verify current year limit]]. (Md. Code Ann., Est. & Trusts § 17-131(a)(1)) |
| ____ | Change beneficiary designations | Alter the beneficiary on any life insurance policy, retirement account, annuity, payable-on-death account, or other asset subject to beneficiary designation. (Md. Code Ann., Est. & Trusts § 17-131(a)(2)) |
| ____ | Create, amend, or revoke a trust | Create a revocable trust for my benefit; amend or revoke any trust I created; fund an existing trust with my assets. (Md. Code Ann., Est. & Trusts § 17-131(a)(3)) |
| ____ | Renounce or disclaim an interest | Renounce or disclaim an inheritance, bequest, gift, or power of appointment. (Md. Code Ann., Est. & Trusts § 17-131(a)(4)) |
| ____ | Create or change a right of survivorship | Add or remove a right of survivorship on jointly held property. (Md. Code Ann., Est. & Trusts § 17-131(a)(5)) |
| ____ | Delegate authority to another (sub-agent) | Authorize a person other than the Agent to exercise authority under this power of attorney. (Md. Code Ann., Est. & Trusts § 17-131(a)(6)) |
| ____ | Waive right to be beneficiary of a joint and survivor annuity | Waive my right to a survivor benefit under a retirement plan or joint annuity. (Md. Code Ann., Est. & Trusts § 17-131(a)(7)) |
| ____ | Exercise fiduciary powers | Act in my capacity as trustee, personal representative, or other fiduciary with respect to property I control as a fiduciary. (Md. Code Ann., Est. & Trusts § 17-131(a)(8)) |
Specific Limitations on Hot Powers (describe any restrictions on the above):
[[e.g., "The Agent may make gifts only to the Principal's children and may not make gifts to the Agent or Agent's spouse" / "Beneficiary changes require the written consent of [[Named Person]]" / "No limitations beyond those stated in Part 5"]]
PART 5 - RESTRICTIONS AND LIMITATIONS ON AGENT'S AUTHORITY
(These restrictions are binding on the Agent and on third parties with actual notice. Any action taken outside these restrictions is unauthorized.)
Specific Property Restrictions:
[[e.g., "The Agent may not sell or encumber the real property located at [[Address]] without first obtaining written approval of [[Named Person or Court]]" / "The Agent may not withdraw more than $[[Dollar Amount]] from any single account in any 30-day period" / "None - the Agent may exercise all granted authority without restriction"]]
Required Reporting/Accounting:
- [ ] The Agent shall provide a written accounting to [[Accountable Party Name, e.g., a trust protector, an adult child, or an attorney]] on a [[monthly / quarterly / annual]] basis.
- [ ] No periodic accounting is required, but the Agent shall provide an accounting to me or my legal representative upon request.
Termination Date (if any):
- [ ] This power of attorney terminates on [[Termination Date]], unless earlier revoked or I die before that date.
- [ ] This power of attorney has no specified termination date and continues until revoked, I die, or a court terminates it.
PART 6 - AGENT'S FIDUCIARY DUTIES
(Md. Code Ann., Est. & Trusts § 17-111)
My Agent is a fiduciary and must:
(a) Act loyally. Act solely in my interest and not for the Agent's own benefit, except as expressly authorized in Part 4.
(b) Act within the scope of authority. Not exceed the authority granted in this document and act consistently with my known estate plan and my best interests as I understand them.
(c) Avoid conflicts of interest. Not engage in self-dealing or transactions in which the Agent has a personal interest adverse to mine, except as expressly authorized.
(d) Keep records. Maintain detailed, accurate records of all receipts, disbursements, and transactions made on my behalf; preserve all receipts, bank statements, and supporting documentation.
(e) Keep property separate. Keep my assets separate and distinct from the Agent's own property, except where joint ownership existed before this power of attorney was signed.
(f) Cooperate with healthcare agents. Cooperate with any person holding healthcare decision-making authority for me, including under a healthcare power of attorney or advance directive.
(g) Preserve estate value. Act in a manner that preserves the value of my estate, to the extent practicable consistent with my known wishes.
(h) Disclose conflicts. Promptly disclose to me (or, if I am incapacitated, to a successor agent or a court) any conflict of interest that arises.
(i) Provide accountings. Provide a full and accurate accounting of all transactions made under this document, upon reasonable request, to me or - if I am incapacitated - to a court, guardian, conservator, successor agent, or personal representative of my estate.
Agent's Liability: An Agent who violates these duties is liable for any loss resulting from the violation. An Agent acting in good faith in accordance with this document and Maryland law incurs no liability to the Principal or any third party, except for the Agent's own negligence or bad faith. (Md. Code Ann., Est. & Trusts § 17-114)
PART 7 - COMPENSATION AND REIMBURSEMENT
(Md. Code Ann., Est. & Trusts § 17-110)
My Agent:
- [ ] Shall serve without compensation but shall be entitled to reimbursement for all reasonable and necessary expenses actually paid on my behalf.
- [ ] Shall be entitled to reasonable compensation for services rendered, payable from my assets, in addition to expense reimbursement.
- [ ] Shall receive compensation at the rate of $[[Dollar Amount per Hour / per Month / other specified basis]], payable from my assets, in addition to expense reimbursement.
PART 8 - NOMINATION OF CONSERVATOR OR GUARDIAN
If a court proceeding is initiated to appoint a conservator of my property or a guardian of my person, I nominate:
- Conservator of my estate: [[Primary Agent Full Legal Name, or different person's name]]
- Guardian of my person: [[Same or a different person's full legal name]]
I understand that the court retains full discretion to appoint a different person if it determines my nomination is not in my best interest. This nomination does not limit the court's authority.
PART 9 - HEALTHCARE DISCLAIMER
IMPORTANT: This document is a Financial Power of Attorney only. It does NOT authorize the Agent to make healthcare or medical decisions for the Principal. To authorize healthcare decisions, a separate Maryland Healthcare Decision Act Advance Directive (Md. Code Ann., Health-Gen. §§ 5-601 et seq.) should be executed. The Agent named in this financial POA is not automatically the Principal's healthcare decision-maker.
PART 10 - THIRD-PARTY RELIANCE AND ACCEPTANCE
(Md. Code Ann., Est. & Trusts § 17-133)
A person who in good faith accepts and acts in reliance on this power of attorney is not liable for any loss resulting from reliance on this document, unless the person knew or had reason to know the document was invalid, had been revoked, or the Agent's authority had terminated.
Refusal to Honor: If a financial institution, title company, or other third party refuses to honor this power of attorney, my Agent may:
(a) Provide a written Agent Certification under Part 12 of this document;
(b) Obtain an opinion of counsel that the document is valid; or
(c) Seek a court order requiring the third party to accept the document. (Md. Code Ann., Est. & Trusts § 17-113)
A third party that refuses to honor a valid Maryland power of attorney without reasonable cause may be liable for damages, costs, and attorney's fees incurred as a result of the refusal.
PART 11 - REVOCATION
This power of attorney is revocable at any time while I am legally competent to revoke it. Revocation is effective when the Agent receives actual written notice of the revocation. To revoke:
(a) Sign a written revocation statement and deliver it personally (or by certified mail) to the Agent and to any institution relying on this document;
(b) Execute a new power of attorney that expressly revokes this one; or
(c) Physically destroy or cancel this document, provided the Agent receives notice of such destruction.
Prior Powers Revoked: This power of attorney revokes all prior general or durable financial powers of attorney I have previously executed, except any healthcare power of attorney or advance directive.
Recording: If this power of attorney grants authority over real property, I authorize the Agent to record a copy of this document (or a certified agent certification) with the land records of the applicable Maryland county to provide constructive notice to third parties.
PART 12 - EXECUTION - PRINCIPAL'S SIGNATURE AND ACKNOWLEDGMENT
(Md. Code Ann., Est. & Trusts § 17-106 - Maryland requires the Principal's signature to be acknowledged before a Notary Public AND signed in the presence of two competent witnesses who are not the Agent. Both witnesses AND notarization are required for a valid Maryland power of attorney.)
I, [[Principal Full Legal Name]], declare that:
(a) I have read, or had read to me, the above Power of Attorney;
(b) I understand its content and the extent of the authority I am granting;
(c) I am signing this document freely and voluntarily, and am not acting under duress, fraud, or undue influence;
(d) I am at least 18 years of age and am of sound mind.
I execute this Maryland Durable Power of Attorney on [[Date of Signing]], at [[City, Maryland]].
PRINCIPAL:
_________________________________________________
[[Principal Full Legal Name]]
WITNESS ATTESTATION
(Both witnesses must be present when the Principal signs. Witnesses must be at least 18 years old; may not be the Agent named above, a successor agent, or the Notary Public; and may not be related to the Principal by blood, marriage, or adoption if they are also a beneficiary of the Principal's estate.)
We, the undersigned witnesses, declare that the Principal, [[Principal Full Legal Name]], signed this Power of Attorney in our presence; that the Principal appeared to be of sound mind, under no duress or undue influence, and fully aware of the nature and effect of this document; and that we are not the Agent named in this document.
Witness 1:
Signature: _______________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Address]]
Date: __________
Witness 2:
Signature: _______________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Address]]
Date: __________
NOTARY ACKNOWLEDGMENT
(Required under Md. Code Ann., Est. & Trusts § 17-106. Notarization and two-witness attestation are both required in Maryland.)
State of Maryland
County of [[County]]
On this ____ day of [[Month]], [[Year]], before me, the undersigned Notary Public in and for the State of Maryland, personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence, namely [[Driver's License / Passport / Other Government-Issued ID]]) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein stated, and that at the time of execution they appeared to be of sound mind and acting under no duress or undue influence.
_________________________________________________
Notary Public
State of Maryland
Printed Name: [[Notary Public Name]]
My Commission Expires: __________
[NOTARY SEAL]
PART 13 - AGENT CERTIFICATION
(Md. Code Ann., Est. & Trusts § 17-116 - The Agent may sign this certification, under penalty of perjury, when presenting the power of attorney to financial institutions. The certification is NOT required at the time of execution but is useful when using the document.)
Agent Certification (sign when presenting to third parties)
I, [[Agent Full Legal Name]], hereby certify under penalty of perjury that:
(a) The attached power of attorney is a true and complete copy of the original and has not been altered;
(b) The Principal, [[Principal Full Legal Name]], had the legal capacity to execute this document at the time of signing;
(c) To the best of my knowledge and belief, this power of attorney has not been revoked and is currently in full force and effect;
(d) The events that trigger my authority (if a springing POA) have occurred;
(e) My actions under this document are within the scope of authority granted to me;
(f) I have not received any notice of revocation, termination, or a court order limiting my authority.
_________________________________________________
[[Agent Full Legal Name]], Agent
Date: __________
(Agent's signature on this certification should also be notarized if it will be presented to real estate title companies, banks, or other financial institutions requiring a notarized certification.)
PART 14 - GLOSSARY OF KEY TERMS
- Principal - The person who creates and signs this power of attorney and grants authority to the Agent.
- Agent (Attorney-in-Fact) - The person authorized to act on the Principal's behalf.
- Durable POA - A power of attorney that survives the Principal's subsequent incapacity; the most common form for estate planning.
- Springing POA - Takes effect only upon a specified future event (typically a physician's certification of the Principal's incapacity).
- Hot Powers - Powers that can significantly affect the Principal's estate plan; must be expressly granted in Part 4.
- Fiduciary - A person required by law to act in the best interest of another; the Agent is a fiduciary toward the Principal.
- Notarization - Acknowledgment of a signature before a licensed Notary Public; required in Maryland for a valid POA.
PART 15 - IMPORTANT NOTICES TO PRINCIPAL
READ BEFORE SIGNING:
- This is a powerful document. Once signed, your Agent will have broad authority over your financial affairs. Choose your Agent carefully - someone you trust completely.
- You can revoke this document. As long as you are mentally competent, you can revoke this power of attorney at any time by delivering a signed written revocation to your Agent.
- This document does NOT cover healthcare decisions. To designate someone to make medical decisions for you, execute a separate Maryland Advance Directive.
- Record real property powers. If you have granted authority over real estate, consider recording this document (or a certified copy) with the circuit court land records in the county where the property is located.
- Consult an attorney. This template is designed as a starting point. An experienced Maryland estate planning attorney can tailor the document to your specific circumstances, ensure compliance with current law, and advise on tax implications, Medicaid planning, and coordination with your overall estate plan.
PART 16 - REVOCATION OF PRIOR POWERS OF ATTORNEY
(Optional - complete only if revoking specific prior documents)
I hereby revoke the following prior financial powers of attorney:
| Date of Prior POA | Agent Named | Reason for Revocation |
|------------------|-------------|----------------------|
| [[Date]] | [[Agent Name]] | [[Revoked by this document / No longer trusted / Circumstances changed]] |
> Template - not legal advice. Maryland powers of attorney are governed by the Maryland Uniform Power of Attorney Act, Md. Code Ann., Est. & Trusts §§ 17-101 et seq. (effective October 1, 2010). Hot powers (gifts, beneficiary designation changes, trust creation) must be expressly initialed in Part 4 and are not implied by a general grant. Maryland requires BOTH two-witness attestation AND notarization for a valid execution. Financial institutions may require additional verification - present this document with an Agent Certification (Part 13). This template is for a financial POA only; healthcare decisions require a separate Maryland Advance Directive under Md. Code Ann., Health-Gen. §§ 5-601 et seq. Consult a licensed Maryland attorney before relying on this document.
Primary Sources (as of June 2026):
- Maryland Uniform Power of Attorney Act, Md. Code Ann., Est. & Trusts §§ 17-101 et seq. (effective Oct. 1, 2010)
- Md. Code Ann., Est. & Trusts § 17-105 - durability
- Md. Code Ann., Est. & Trusts § 17-106 - execution requirements (two witnesses + notarization)
- Md. Code Ann., Est. & Trusts § 17-107 - when power of attorney effective (springing)
- Md. Code Ann., Est. & Trusts § 17-109 - co-agents and successor agents
- Md. Code Ann., Est. & Trusts § 17-110 - compensation and reimbursement
- Md. Code Ann., Est. & Trusts § 17-111 - agent's duties (fiduciary standard)
- Md. Code Ann., Est. & Trusts § 17-113 - judicial relief
- Md. Code Ann., Est. & Trusts § 17-114 - agent's liability
- Md. Code Ann., Est. & Trusts § 17-116 - agent certification
- Md. Code Ann., Est. & Trusts §§ 17-117 through 17-130 - enumerated powers (general authorities)
- Md. Code Ann., Est. & Trusts § 17-131 - hot powers (express grant required)
- Md. Code Ann., Est. & Trusts § 17-133 - third-party acceptance and reliance
- Maryland Healthcare Decision Act, Md. Code Ann., Health-Gen. §§ 5-601 et seq.
As of June 2026. Maryland statutory law is subject to legislative amendment; verify current text before use.
