Maryland Power of Attorney Laws

The Governing Statute

Maryland's power of attorney framework sits in Estates and Trusts (ET) Article Title 17, known as the General and Limited Power of Attorney Act. This is the statute that controls how POAs are created, what powers they grant, and what happens when someone refuses to honor them.

Five sections matter most for families managing an aging parent's affairs.

ET Section 17-110: Execution Requirements

This section sets the four requirements for a valid Maryland POA. The document must be in writing, signed by the principal, acknowledged before a notary public, and attested by two competent adult witnesses. The notary may also serve as one of the two witnesses, reducing the number of people you need at the signing to three.

If the principal cannot physically sign, another adult may sign on their behalf — but only in the principal's physical presence and at their express direction. Remote or electronic execution is permitted under Maryland's authorized communication technology rules, subject to additional statutory requirements for remotely witnessed or electronic powers of attorney, including supervising-attorney involvement.

ET Sections 17-202 and 17-203: The Statutory Forms

Section 17-202 provides the Personal Financial Power of Attorney, a broad-authority template covering banking, real estate, investments, tax filings, government benefits, and legal proceedings. Section 17-203 provides the Limited Power of Attorney, which restricts authority to specific transactions the principal defines.

These are not the only valid formats — attorneys can draft custom POAs. But the statutory forms carry a specific legal advantage under Section 17-104.

ET Section 17-104: The Bank Acceptance Mandate

This is the section most families do not know about until a bank refuses their POA. Under 17-104, financial institutions operating in Maryland are legally required to accept a properly executed statutory form POA. If a bank unreasonably refuses, the agent can petition the court for an order compelling compliance. The institution that refused can be held liable for reasonable attorney's fees and costs incurred to get that court order.

This provision exists because bank refusals were a widespread problem — tellers and branch managers rejecting valid documents because they "looked different" from the bank's own internal forms. The statutory mandate removes that discretion for ET 17-202 and 17-203 forms.

ET Section 17-103: Judicial Oversight of Agents

Section 17-103 gives any interested person — descendants, presumptive heirs, caregivers, or government agencies — standing to petition the Circuit Court to review an agent's conduct or construe the scope of a POA. This is the mechanism siblings use when they believe a brother or sister who holds the POA is mismanaging their parent's finances.

The court can order an accounting, modify the agent's powers, or remove the agent entirely. Under the Maryland Appellate Court's ruling in Silverstone v. Jacobson (2022), a petitioner must allege actual misuse or abuse — not simply disagree with the agent's decisions.

The Durability Presumption

Unlike many states where you must add specific language to make a POA survive incapacity, Maryland assumes durability. Any written POA is durable unless the document explicitly says it terminates upon incapacity. This presumption means the agent's authority continues seamlessly if the principal develops dementia, suffers a stroke, or otherwise loses cognitive function.

For families dealing with a progressively declining parent, this presumption is the most protective feature of Maryland law. The POA executed while the parent had capacity remains in effect precisely when the family needs it most.

Revocation Under Maryland Law

A principal can revoke their POA at any time while they retain capacity. Revocation is accomplished by executing a written statement, destroying all copies of the original document, or executing a new POA that explicitly supersedes the prior one. Written notice must go to the agent and every institution that holds a copy.

After revocation, any act by the former agent carries no legal authority. Third parties who rely on the POA in good faith without knowledge of the revocation are protected — but the agent is not.

The Maryland Power of Attorney and Guardianship Kit covers each of these statutory provisions in plain language, with step-by-step instructions for executing the statutory forms and enforcing them if a bank pushes back.

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