Power of Attorney in Maryland: Types, Rules, How to Get One in 2025

A power of attorney (POA) in Maryland is a legal document giving someone authority to act on behalf of another person. The person who creates the power of attorney is the “principal”; the person granted the power to act on the principal’s behalf is the “agent” or “attorney-in-fact.”

Requirements for a power of attorney in Maryland

For a power of attorney to be valid in Maryland, it needs to meet all these requirements:

• The principal must be at least 18 years old and fully intend to grant the specified powers to the agent.

• The principal must be mentally competent, meaning they understand the POA document, the powers it confers and the affected assets.

• The POA must be in writing.

• The POA must be signed by the principal (or someone the principal directs to sign on their behalf, in the principal’s presence). 

• The POA must be signed in the physical or electronic presence (i.e., able to communicate in real time) of at least two adult witnesses.

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Does a Maryland power of attorney need to be notarized?

Yes, to be valid, a Maryland power of attorney must be notarized. In Maryland, the notary can serve as one of the witnesses.

If the power of attorney is electronic (remotely witnessed), it must also meet some additional requirements:

• The principal, witnesses and supervising attorney all have to be either physically or electronically present during the signing (the supervising attorney can serve as one of the witnesses).

• The principal must be a Maryland resident or physically in Maryland when they sign.

• Witnesses must be U.S. residents and physically in the U.S. at the time of signing.

• The principal and witnesses have to sign the same POA.

• The supervising attorney has to create an accurate paper version of the POA that includes all the required signatures. They also have to provide a signed paper certification stating that they saw everyone sign the POA and that they took reasonable steps to verify the the POA and the signatures^[0]

  Maryland Judiciary Thurgood Marshall State Law Librar. Powers of Attorney. Accessed Sep 15, 2025.

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Types of powers of attorney in Maryland

In Maryland, there are three basic types of power of attorney.

1. Financial (business) power of attorney. This gives another person the authority to manage financial, business or real estate matters for you, such as making withdrawals from your bank account to pay your bills or selling property for you.

2. Medical power of attorney. Known as an advance directive in Maryland, a medical power gives another person the legal authority to make decisions about your health care, such as what treatments or medication you receive, what doctors treat you and which facilities will provide your care. This type of POA typically becomes effective if/when you become too ill to make these decisions for yourself.

3. Standby guardianship of children (delegation of parental authority). This power of attorney lets you designate someone to be the guardian of your minor children if you’re unable to care for them yourself — for example, if you become physically or mentally ill, or you face an immigration action^[0]

   Maryland Judiciary. Personal & Life Planning Resources. Accessed Sep 15, 2025.

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Within these basic POA types are a number of subcategories.

• Durable power of attorney. A durable power of attorney remains in effect even if you become incompetent. In Maryland, all powers of attorney are durable by default, unless the document states otherwise^[0]

  Maryland General Assembly. Statutes Text Article - Estates and Trusts §17–105. Accessed Sep 15, 2025.

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• General power of attorney. This POA gives the agent broad authority to act on behalf of the principal in all types of business and personal circumstances.

• Limited power of attorney. With a limited POA, your agent can only perform specific functions under a specific timeframe or under specific conditions.

• Tax power of attorney. This limited POA allows someone to represent you in tax matters and file your taxes^[0]

  Maryland Comptroller. Maryland Form 548. Accessed Sep 15, 2025.

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• Vehicle power of attorney. This limited POA allows the agent to represent you at the department of motor vehicles^[0]

  Maryland Department of Transportation. Restricted Power of Attorney. Accessed Sep 15, 2025.

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How to get a POA in Maryland

Here’s generally what you need to do to create a valid power of attorney in Maryland.

1. Decide what you’d like your agent to do for you and what type of POA suits your situation. Decide if you would like your POA to be durable or nondurable.

2. Choose your agent. This should be a person you unconditionally trust.

3. Create your POA document. You can hire an estate planning attorney to do this, work with a financial advisor, download forms online or use an online service.

4. Sign your POA in the presence of a notary and two witnesses. Your notary can be one of your witnesses.

5. Store your original document in a safe place where your agent and family can easily access it, tell these individuals where the document is.

6. Give your agent a copy of your POA.

7. Consider giving a copy of your POA to your financial institutions and health care providers.

8. If your POA involves real estate, see if you need to file a copy with your circuit court clerk’s office.

Tax implications for a power of attorney in Maryland

If you’d like someone to file your taxes for you or represent you in tax matters, you’ll create a tax power of attorney.

• For federal taxes, you can use IRS POA Form 2848 or Form 8821; however, Maryland no longer accepts these federal forms for state tax matters^[0]

  Comptroller of Maryland. Power of Attorney. Accessed Sep 15, 2025.

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• For state taxes, you’ll need to use Maryland POA form 548 and/or 548P.

How much does it cost to get a power of attorney in Maryland?

• DIY approach: You can download free POA forms from the state, leaving the notary fee as your only cost to create a POA.

• Online will-making service can cost as little as $40.

• Financial advisor fees or lawyer fees vary by firm, location and the complexity of your power of attorney, but can cost a few hundred dollars or more.

When does a Maryland POA take effect?

Unless you’ve opted for a springing power of attorney, your POA becomes effective as soon as it’s signed. For an electronic POA, the effective date is the date of execution on the certified POA^[0]

When does a Maryland POA end?

In Maryland, a POA ends when:

• The principal dies.

• The principal becomes incapacitated (for nondurable POAs).

• The principal revokes it.

• The limited purpose of the POA is accomplished.

• The power of attorney provides a condition for termination and that condition is met.

• The agent dies, resigns or becomes incapacitated and there is no successor agent named in the POA.

• The agent is a spouse of the principal and action is filed to dissolve or annul the marriage^[0]

  Maryland General Assembly. Statutes Text Article - Estates and Trusts §17–112. Accessed Sep 15, 2025.

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Do I have to pay my agent?

In Maryland, your agent has a right to be reimbursed for expenses incurred while acting on your behalf, but the agent isn’t entitled to payment just for being your agent — unless you specify otherwise in your POA document^[0]

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