The Basic Steps to Create a Power of Attorney in Maryland

In Maryland, you create a power of attorney by signing a document that names someone to act on your behalf. You do not file it with a court or government office—you sign it, have it notarized (in most cases), and keep it with your important papers. The person you name, called your agent or attorney-in-fact, can then use it to handle financial, medical, or legal matters depending on what powers you give them.

Maryland law allows you to write a power of attorney yourself using a form, or you can hire an attorney to draft one. The form route is simpler and cheaper if your situation is straightforward. An attorney is worth the cost if your finances are complex, you own a business, or you want to be certain the document will hold up in court.

The document must be signed in front of a notary public. Some types of power of attorney—particularly those that give your agent the power to sell real estate—may also need to be recorded with your county's land records office, though this is not always required.

Key Takeaways

  • Maryland power of attorney documents must be notarized, and you do not file them with any government office unless they involve real estate.
  • You can use a blank form from an office supply store or online, or hire an attorney to draft a custom document for around $200 to $500.
  • Your agent can be a family member, friend, or professional, and you can name more than one agent if you want them to act together or separately.
  • You can create a power of attorney that takes effect when ready or one that only becomes active if you become unable to make decisions yourself (called a springing power of attorney).
  • Maryland recognizes out-of-state power of attorney documents, so you do not need to create a new one if you move or already have one from another state.

Where to Get a Power of Attorney Form in Maryland

The easiest source is a blank form from an office supply store like Staples or Office Depot, or you can read one free from websites like LegalZoom, Nolo, or the Maryland State Bar Association. These forms are generic but legal in Maryland as long as you fill them out correctly and have them notarized.

If you want a form tailored to Maryland law specifically, the Maryland State Bar Association publishes a power of attorney form on its website. You can also search "Maryland power of attorney form" and find templates from reputable legal document sites. The form should include spaces for your name, your agent's name, the powers you are granting, and the date.

Do not use a form from another state without checking it first. While Maryland recognizes out-of-state documents, some banks and institutions may refuse to accept them. If you are unsure whether a form will work, ask your bank or the institution that will use it before you sign.

What Information You Need Before You Sign

Gather the full legal name, address, and phone number of the person you want to name as your agent. You will also need to decide which powers to grant them. Common choices include the power to manage bank accounts, pay bills, sell property, manage investments, or make medical decisions. You do not have to grant all powers—you can limit your agent to specific tasks.

Decide whether you want the power of attorney to take effect when ready or only if you become unable to make decisions (a springing power of attorney). when ready powers of attorney are simpler and more widely accepted by banks. Springing powers of attorney require a doctor's statement that you are incapacitated, which can slow things down when your agent needs to act quickly.

If you own real estate and want your agent to be able to sell it, you will need the property address and deed information. If your finances are complex—you own a business, have multiple investment accounts, or have significant debt—consider consulting an attorney instead of using a form.

Finding a Notary Public in Maryland

You must have your power of attorney signed in front of a notary public. Notaries are available at most banks, credit unions, and law offices. Many UPS stores, FedEx locations, and office supply stores also offer notary services, usually for $5 to $15 per signature.

You can search for notaries near you on the National Notary Association website or by calling your bank. Some notaries will come to your home if you are unable to travel, though they may charge a travel fee. When you go to the notary, bring your signed power of attorney form and a government-issued photo ID.

The notary will watch you sign the document and verify your identity. They will then add their seal and signature. This step is required by Maryland law and cannot be skipped, even if the person you are naming as your agent is a family member.

Recording Your Power of Attorney With the County

If your power of attorney gives your agent the power to sell, mortgage, or transfer real estate, you should record it with your county's land records office (also called the register of wills or clerk's office). Recording is not legally required in all cases, but it protects your agent by creating an official record that the power of attorney existed on a specific date.

To record, take the notarized original to your county's land records office and ask to record it. You will pay a recording fee, which varies by county but is usually $10 to $30. The office will make a copy, stamp it, and return the original to you. Keep the recorded copy with your important papers.

If your power of attorney does not involve real estate, recording is optional. However, some banks and financial institutions may ask to see a recorded copy anyway. If you think your agent might need to prove the power of attorney is valid, recording it is worth the small fee.

Choosing Your Agent and Naming Alternates

Your agent should be someone you trust completely, because they will have access to your money and the power to make decisions on your behalf. Many people name a spouse, adult child, or close family member. You can also name a professional, such as an accountant or attorney, though they may charge a fee for their services.

You can name more than one agent. You can require them to act together (called joint agents), or you can allow them to act separately. Joint agents provide more protection because neither can act alone, but they can also slow things down if the agents disagree. Separate agents are faster but riskier if one agent acts against your interests.

Always name at least one alternate agent in case your first choice dies, becomes incapacitated, or is unwilling to serve. Without an alternate, your power of attorney becomes useless if your agent cannot act, and you may end up needing a court to appoint a guardian.

When to Hire an Attorney Instead of Using a Form

Use a form if you have straightforward finances, a clear choice of agent, and no concerns about the document being challenged. An attorney is worth hiring if you own a business, have significant assets in multiple states, have a blended family with potential conflicts, or want to set conditions on what your agent can do.

An attorney can also help if you are unsure whether a springing power of attorney or an when ready one is right for you, or if you want to create a durable power of attorney that survives your incapacity (which is what most people need). Attorney fees in Maryland typically range from $200 to $500 for a straightforward power of attorney, and $500 to $1,500 for a complex one.

You can find an attorney through the Maryland State Bar Association's lawyer referral service or by asking your bank or financial advisor for a recommendation. Many attorneys offer a free initial consultation, so you can ask questions before you commit to hiring them.

Frequently Asked Questions

Do I need to tell my agent that I named them in my power of attorney?

You should tell them, because they may refuse to serve or may not know they have been named if you become incapacitated. However, Maryland law does not require you to notify them. It is a good idea to discuss the role with them beforehand and make sure they are willing to take it on.

Can I change or cancel my power of attorney after I sign it?

Yes. You can revoke it at any time by signing a written revocation and having it notarized. You should also notify your agent and any institutions that have a copy. If you recorded it with the county, you should record the revocation as well to create an official record that it is no longer valid.

What happens to my power of attorney if I move out of Maryland?

Maryland recognizes power of attorney documents created in other states, and other states recognize Maryland documents. You do not need to create a new one when you move. However, some banks or institutions in your new state may ask for a new document, so check with them before you move.

Can my agent use the power of attorney after I die?

No. A power of attorney ends when you die. After your death, your estate is handled by your executor (named in your will) or by a court-appointed administrator. Your agent has no authority after you pass away, so your will and any other estate planning documents become important.

What if my agent misuses the power of attorney or steals money?

You can revoke the power of attorney when ready and pursue legal action against your agent for theft or fraud. Maryland law holds agents accountable for misusing their powers. If you suspect abuse, contact an attorney or your local police department. This is one reason it is critical to name someone you trust completely.