A Maryland real estate power of attorney is a legal tool that permits an individual to take control over one’s real estate responsibilities. The person delegating power, known as the “principal,” may restrict the authority of their representative by allowing only basic powers like paying bills or managing leases. The principal may also assign more significant duties such as purchasing a new property or selling currently-owned real estate. Apart from determining the representative’s responsibilities, the principal must decide whether the form should be durable or non-durable. If the form is durable, the representative may continue to act on the principal’s behalf even if the principal becomes incapacitated. Alternatively, if the form is non-durable, the power of attorney will terminate upon the principal’s incapacitation.
Laws – Estates and Trusts – Title 17 (Maryland General and Limited Power of Attorney Act)
Signing Requirements – The power of attorney must be signed by the principal, two (2) witnesses, and a notary public (§ 17–110).
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