Types

Advance Directive – Making decisions about end-of-life care can be challenging—let alone making them for a loved one. Any individual can save their loved ones the additional grief of deciding what to do with their end-of-life care by stating their own wishes in this legal contract.

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Durable (Statutory) Power of Attorney – If ensuring their wishes are carried out by an agent even when they are not in a medical state to convey them themselves is a concern to a principal, a durable type of POA is most ideal.

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General (Financial) Power of Attorney – If an individual who plans to formulate a POA related to their finances does not wish for it to remain active in the event they become incapacitated, this type of POA will prevent this from occurring.

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Limited (Special) Power of Attorney – Some people make the mistake of creating a power of attorney that is too broad in scope, and thus, more prone to misinterpretation. Creating a limited type of POA can assist a principal in pinpointing precisely the circumstances the power of attorney should be exercised.

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Minor Child Power of Attorney – If a parent or guardian knows of an individual whom they could entrust to guide and protect their child in situations where they are unable to do so themselves, this arrangement can be legally formalized by completing this document.

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Motor Vehicle Power of Attorney (Form VR-470) – The DMV requires certain processes are executed by a vehicle owner themselves. That is, unless they file a power of attorney that states they wish for another individual they nominate to execute one or more of these processes for them.

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Real Estate (Property) Power of Attorney – A POA that is specifically focused on delegating decision making powers about a principal’s property.

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Revocation of Power of Attorney – A form that effectively executes the principal’s decision to revoke any decision making powers that were passed on to their agent through a POA arrangement of any kind.

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State Tax Power of Attorney (Form 548) – Tax reporting can be a complex process, especially with considerations like business expenses and tax cuts. As such, taxpayers may select a tax specialist or another individual or entity to file their taxes on their behalf.

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What is a Maryland Power of Attorney?

A Maryland Power of Attorney (POA) is a form that may be executed by an individual, referred to as the Principal, who seeks to grant a special type of legal authority to a party known as the Agent. By implication, the Agent will be authorized to wield decision making powers to act on behalf of the Principal in the matters stated in the form.

For instance, the form may comprise of terms that grant the Agent the authority to file their taxes, take care of their child/ren in their absence, or take charge of their finances in their stead. In most cases, the Principal will need to enact separate Power of Attorney forms to address separate matters. The forms found below exemplify the range of POA forms available for a Principal to make use of.

• Maryland Power of Attorney Laws – (Title 17, “Maryland General and Limited Power of Attorney Act”) and Maryland Code, Title 5, Subtitle 6, “Maryland Health Care Decision Act”)
• State Definition of Power of Attorney (§ 17-101(d)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.”
•  State Definition of an Advance Directive (§ 5-601 (b)) – “means:
  • (1) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of this subtitle;
  • (2) A witnessed oral statement, made by the declarant in accordance with the provisions of this subtitle; or
  • (3) An electronic document, voluntarily executed by the declarant, in which the declarant’s identity is authenticated in accordance with the guidelines described in § 5-602(c)(3) of this subtitle.”
• Signing Requirements
  • Durable / General Power of Attorney (§ 17-110) – The Principal must sign the POA before a Notary Public. At least two (2) adult witnesses must also attest and sign the POA in the Principal’s presence as well as in the presence of one another. The Principal may elect another person to sign the POA in lieu of them, however, this person must sign it in the Principal’s presence.
  • Advance Directive (§ 5-602(c)) – Signed and dated by the declarant and subscribed by two (2) witnesses.

When is it Effective?

By order of § 17-110, a POA is effective in the state of Maryland when it is signed by the Principal in the presence of a Notary Public. It may also be signed by someone else who has been expressly directed by the Principal to sign it for them, so long as the Principal is present during the signing. A minimum of two (2) witnesses must attest and sign the POA (one of whom may be the notary public themselves), in the presence of the Principal and one another.

In accordance with § 5-602(c) of the Maryland Health Care Decisions Act, any Advance Directive must be a) signed and dated by the Declarant (the Principal) and b) subscribed by two (2) witnesses.

Sample Template