Maryland Power of Attorney Signing Requirements

The Four Execution Requirements

Under ET Section 17-110, every financial power of attorney in Maryland must meet four requirements to be legally valid:

1. In writing — oral POAs are not recognized
2. Signed by the principal — or by another adult at the principal's express direction and in their physical presence
3. Acknowledged before a notary public — the notary confirms the principal's identity and voluntary signing
4. Attested by two competent adult witnesses — both witnesses must be present when the principal signs

All four elements must be satisfied. The witnesses must sign in the physical or electronic presence of the principal and each other. A document that has a notary stamp but no witness signatures, or witness signatures but no notary acknowledgment, is not validly executed.

The Notary-as-Witness Shortcut

Maryland explicitly allows the notary public to serve as one of the two required witnesses. This is the most commonly overlooked efficiency in the entire process.

In practice, it means you need three people at the signing table:

1. Your parent (the principal)
2. A notary public (who also signs as Witness #1)
3. One additional adult witness (Witness #2)

You do not need four people. You do not need to find two independent witnesses plus a separate notary. This reduces scheduling complexity — especially for families coordinating a signing at a hospital bedside or assisted living facility where gathering multiple people is difficult.

Who Can Serve as a Witness

For a financial POA, Maryland law requires only that witnesses be "competent adults." There is no restriction against beneficiaries, family members, or the named agent serving as witnesses. This is less restrictive than the advance directive, which prohibits the health care agent from witnessing and requires at least one disinterested witness.

That said, practical wisdom suggests using witnesses who have no financial interest in the parent's estate. If the POA is ever challenged under ET Section 17-103, disinterested witnesses strengthen the document's defensibility.

When the Principal Cannot Sign

If your parent can direct the signing but cannot physically hold a pen — due to paralysis, severe arthritis, or other physical limitations — another adult can sign on their behalf. The substitute signer must:

• Be another adult
• Sign in the principal's physical presence
• Act at the principal's express, verbal direction
• Sign for the principal as directed and have the acknowledgment identify that the signing was done at the principal's direction

The notary should note in the acknowledgment that the document was signed by a substitute at the principal's direction. This protects the document against future challenges.

Remote Notarization

Maryland authorizes electronic and remotely witnessed powers of attorney under strict statutory conditions. The principal, witnesses, and a supervising attorney must be in one another's physical or electronic presence during the signing, subject to the statutory exceptions. The notary and supervising attorney use authorized communication technology for the remote process.

Remote notarization is useful when a parent is in a facility that restricts visitors or when the family is coordinating across distances. The witnesses must also participate in the remote session — they cannot simply sign separately.

Not every notary is authorized for remote sessions. Confirm that the notary holds a Maryland RON commission and arrange the required supervising-attorney involvement before scheduling.

The Advance Directive Is Different

The signing rules for the financial POA and the health care advance directive are not the same. The advance directive under HG Section 5-602:

• Does not require notarization
• Requires two witnesses, but the named health care agent cannot serve as a witness
• Requires at least one witness who will not inherit from the parent's estate

If you are planning to execute both documents in a single session, make sure the witness lineup satisfies both sets of rules. The safest approach: use a notary (who doubles as a financial POA witness) and one additional disinterested witness (someone who will not inherit from the parent, has no direct financial claim or benefit from the parent's death, and is not the named health care agent). That combination works for both documents.

The Maryland Power of Attorney and Guardianship Kit includes a signing ceremony protocol that coordinates both documents in a single session, with a checklist for witness eligibility and the exact order of signatures.

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