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Durable Power of Attorney Form | Maryland

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Updated on May 5th, 2023

A Maryland durable power of attorney form enables individuals to authorize attorneys-in-fact to handle their finances and execute documents on their behalf. The type of contract remains valid if the person being represented becomes mentally incapacitated due to old age, illness, or injury. Therefore, appointing this type of agent ensures that the principal will have someone to take care of their affairs in the event of their incapacitation.

The agent has the power to represent the principal for all of the following:

  • Real property (including residential and commercial real estate)
  • Stocks and bonds
  • Banks and other financial institutions
  • Insurance and annuities
  • Claims and litigation
  • Benefits from governmental programs or civil or military service
  • Retirement plans
  • Taxes

Laws

  • “Durable” Definition (§ 17–105(a)) – In this section, “durable power of attorney” means a power of attorney by which a principal designates another as an attorney in fact or agent and the authority is exercisable notwithstanding the principal’s subsequent disability or incapacity.
  • Statute – § 17–105(a) (Estates and Trusts)
  • Signing Requirements (§ 17-202) – Two witnesses and a notary public