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Maryland Power of Attorney Rules

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It is important to know the power of attorney Maryland rules to ensure that you can make a comprehensive incapacity plan. Asset protection is a key part of your incapacity plan, and an experienced Annapolis attorney can provide you with help on making effective use of a power of attorney (POA) and other asset protection tools. 

When you create a power of attorney, you need to follow the guidelines to make certain that the POA is legally valid and will remain in effect at the time when it is needed. An experienced Annapolis estate planning lawyer can assist you in creating a power of attorney that offers you the protection that you desire. Contact Sinclair Prosser Gasior today to find out more.

What are the Power of Attorney Maryland Rules?

The power of attorney Maryland rules are found in Title 17- Maryland General and Limited Power of Attorney Act. The first subsection of this act includes general rules and requirements and the second subsection includes statutory forms that can be used for the creation of a legally valid power of attorney.

Within The General and Limited Power of Attorney Act, basic requirements for creating a power of attorney are found in section 17-110. This statute indicates that a power of attorney, in order to be valid in Maryland, must:

  • Be in writing
  • Be signed by the principal, or be signed on behalf of the principal at the principal’s direction
  • Be acknowledged by the principal before a notary
  • Be signed by at least two adult witnesses who are both in the presence of each other and in the presence of the principal. The notary can count as one of the adult witnesses.

Maryland code section 17-105 indicates that when a principal creates a power of attorney and designates an attorney-in-fact, the power of attorney is durable unless otherwise provided. This is important because a durable power of attorney is essential if the POA will be used for incapacity planning. In some states, you must specify that the grant of authority is durable and if you do not, then the agent’s authority ends when you are incapacitated. You need to be aware that not every state automatically recognizes a POA as durable, so if you relocate you will need to ensure your power of attorney is updated to include the appropriate language in the location you move to.

How can a Maryland Power of Attorney Lawyer Help You?

Maryland’s statutory forms can be used to create a power of attorney because these forms include the language you need. The forms provide fill-in spaces where you can put your own name, the names of the witnesses, the name of the agent you have chosen, and other relevant information.

While completing these forms and trying to make a DIY power of attorney arrangement can seem tempting, you do not generally want to try this process on your own. The Maryland power of attorney rules can be complicated and there is no room for mistakes when it comes to naming your agent who will act on your behalf in case of incapacity. If you make any errors and your POA is not legally valid or does not provide expected protections, this could have profound consequences for you and for your family.

When you work with an attorney, your lawyer can help you to understand how to make a legally valid POA. Your attorney can also provide guidance on some of the other steps to incapacity planning which you may need to take in order to ensure you and your family are safe and protected in the future.

Contact a Power of Attorney Maryland Lawyer

Creating a legally valid power of attorney can allow you to make sure you maintain autonomy in case of incapacity and can help to keep your assets safe. You cannot afford to take any chances when it comes to creating a power of attorney that will provide the protection you intend. Sinclair Prosser Gasior can assist you in determining if you need a POA, what incapacity plans you should make, and how to make a power of attorney that gives your agent the desired authority at the time it is needed.

To find out more about how a power of attorney Maryland can benefit you, you can download our free estate planning worksheet. You can also give us a call at 410-573-4818 or contact us online to speak with a member of our legal team and to learn about the ways in which we can assist with your incapacity plan.

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