Power of attorney guide
Power of Attorney in Maryland
A Maryland power of attorney must be signed before a notary and two witnesses. Maryland publishes a statutory form (Est. & Trusts §17-202 (personal financial), §17-203 (limited)). An online notarization performed under another state's law is recognized in Maryland.
Maryland power of attorney at a glance
Notary
Required
Witnesses
2 witnesses
Online notarization
Accepted
Statutory form
Est. & Trusts §17-202 (personal financial), §17-203 (limited)
Financial (property) power of attorney under Md. Code, Est. & Trusts §17-101 et seq.. Health-care documents follow their own rule: see below. Checked 2026-10-17.
The Maryland statutory form
Maryland Statutory Form Personal Financial Power of Attorney and Limited Power of Attorney : Est. & Trusts §17-202 (personal financial), §17-203 (limited). A third party may not refuse the statutory forms; the Maryland Attorney General publishes fillable copies.
The statutory form is the one banks and recorders in Maryland see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in Maryland
A power of attorney must be signed by the principal, attested by two adult witnesses, and acknowledged before a notary public (Est. & Trusts §17-110).
Two witnesses plus the notary; the notary may serve as one of the two witnesses.
Who may not witness
- The agent
Online notarization in Maryland
Maryland's notary law recognizes a notarial act performed in another state by an authorized notary, and Maryland's own remote notarization has run since 2020.
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for Maryland signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; Maryland honors it under the recognition rule above. Your witnesses can join the same session from anywhere in the United States. Details for this state are on the Maryland online notarization requirements page.
Using it for real estate
A power of attorney used for a deed must be executed with the same formalities as a deed and recorded with the clerk of the circuit court (Real Prop. §4-107).
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in Maryland
A Maryland advance directive (Health-Gen. §5-602) must be signed before two adult witnesses; a notary is not required. The agent may not witness, and one witness must be neither an heir nor financially responsible for care.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a Maryland power of attorney
Revoke by a signed writing delivered to the agent; record it where the original was recorded.
Maryland power of attorney questions
- Does a power of attorney need to be notarized in Maryland?
- A power of attorney must be signed by the principal, attested by two adult witnesses, and acknowledged before a notary public (Est. & Trusts §17-110).
- Does a Maryland power of attorney need witnesses?
- Two witnesses plus the notary; the notary may serve as one of the two witnesses. The agent may not witness.
- Can a Maryland power of attorney be notarized online?
- Maryland's notary law recognizes a notarial act performed in another state by an authorized notary, and Maryland's own remote notarization has run since 2020.
- Is there an official Maryland power of attorney form?
- Yes, the Maryland Statutory Form Personal Financial Power of Attorney and Limited Power of Attorney (Est. & Trusts §17-202 (personal financial), §17-203 (limited)). A third party may not refuse the statutory forms; the Maryland Attorney General publishes fillable copies.
- Does a power of attorney have to be recorded in Maryland?
- Only when it is used to sign a deed, mortgage or other recorded instrument. A power of attorney used for a deed must be executed with the same formalities as a deed and recorded with the clerk of the circuit court (Real Prop. §4-107).
- How is a medical power of attorney signed in Maryland?
- A Maryland advance directive (Health-Gen. §5-602) must be signed before two adult witnesses; a notary is not required. The agent may not witness, and one witness must be neither an heir nor financially responsible for care.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens: usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Sources
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.