Power of Attorney in Maryland

Power of Attorney in Maryland

Why Power of Attorney Matters in Maryland

Planning ahead is one of the best ways to protect yourself and your family. A power of attorney (POA) allows someone you trust to act on your behalf if you’re unable to manage your own affairs. This can be crucial during times of illness, injury, or extended travel.

Under Maryland law, you can name a person—called your agent—to handle your finances, legal matters, or healthcare choices. The scope of their authority depends on how you structure the POA. You may grant broad decision-making power or limit it to specific tasks or situations.

Types and Uses of Power of Attorney

Maryland offers different POA options based on your needs. A general POA authorizes someone to manage all your financial matters. A limited POA applies only to specific transactions. A durable POA remains in effect even if you lose the ability to make decisions. For medical choices, Maryland uses a statutory form called the Maryland Advance Directive.

Many people set up POAs to help aging parents, prepare for medical treatments, or manage affairs during military service. But even if you’re simply planning a long trip, having one in place can ensure things run smoothly at home.

Start with Trusted Legal Guidance

Creating a power of attorney involves more than completing a form. Maryland law outlines clear requirements for signing, witnessing, and notarizing these documents. You also need to choose a capable, trustworthy agent and clearly define the limits of their authority.

At The Burton Firm, we help individuals and families throughout Maryland draft customized POAs that reflect their needs. Whether you’re planning ahead or managing a loved one’s affairs, we’ll guide you with care and clarity.

If you’re ready to set up or review a power of attorney, request a consultation with our team today.

What Is a Power of Attorney?

A power of attorney is a legal document that allows someone you trust to make decisions on your behalf. The person who gives this authority is called the “principal,” and the person who receives it is known as the “agent” or “attorney-in-fact.” You can authorize your agent to handle financial matters, legal decisions, property management, or healthcare choices.

The document’s scope depends entirely on how you draft it. Some POAs give broad authority, while others limit power to specific tasks or timeframes. For example, you might authorize someone to manage your bank accounts while you’re recovering from surgery, or you might designate a family member to handle long-term decisions about your real estate and finances.

Unlike guardianship, which requires a court proceeding, a POA lets you choose your own representative in advance. This proactive planning helps avoid legal delays and ensures someone you trust can act quickly in a time of need. It’s especially useful for older adults, individuals with health concerns, or people preparing for major transitions like deployment or travel.

Because your agent will act in your name, their decisions can directly impact your financial security, property ownership, and access to care. Choosing someone responsible is critical. You should also clearly define the powers you’re granting and make sure the document meets all legal requirements under Maryland law.

If you’re not sure what kind of POA suits your needs, our family law attorneys can guide you through the process. We assist clients across Forestville, Upper Marlboro, and nearby counties to create enforceable, customized powers of attorney that protect their interests.

Types of Power of Attorney in Maryland

Maryland law allows you to tailor a power of attorney to meet your specific needs. You can choose from several distinct types of POA, each with its own scope, duration, and legal effect. Understanding the differences will help you decide which type is appropriate for your situation—or whether you need more than one.

General Power of Attorney

A general power of attorney gives your agent broad authority to handle your legal and financial matters. This can include paying bills, managing bank accounts, signing contracts, filing taxes, and even buying or selling property. Because it grants wide-ranging power, a general POA should only be given to someone you fully trust.

This type of POA becomes invalid if you become incapacitated, unless it includes specific language making it durable. Many clients opt for a general POA when they expect to be unavailable for an extended period or want to simplify day-to-day responsibilities by delegating them to a trusted family member or advisor.

Limited Power of Attorney

A limited—or special—power of attorney grants your agent authority over a specific task or area of your life. You might use a limited POA to let someone close a real estate deal, access a bank account, or manage a legal matter while you’re out of the country. Once the defined task is complete or the timeframe ends, the authority automatically expires.

This type of POA is useful when you want targeted assistance without giving up full control. For example, a parent might use a limited POA to let their adult child handle school enrollment or medical decisions for a minor during a summer trip.

Durable Power of Attorney

A durable power of attorney continues to be effective even if you become incapacitated. That makes it one of the most important tools in long-term planning. Without a durable POA in place, your loved ones may need to pursue guardianship through the courts to manage your affairs—an expensive and time-consuming process.

To be valid in Maryland, a durable POA must contain specific language that makes it “durable.” We help clients add this language and ensure their document meets all legal requirements. Durable POAs are often used to ensure that someone can continue managing finances, property, and medical needs if the principal experiences a stroke, dementia, or other serious condition.

Medical Power of Attorney / Advance Directive

In Maryland, healthcare powers of attorney are typically created through an advance directive. This document allows you to name a healthcare agent who can make medical decisions if you’re unable to communicate. It may also include your specific treatment preferences, including guidance on life-sustaining measures.

The advance directive is recognized throughout the state and can be provided to hospitals, clinics, or healthcare providers. It’s a critical tool for maintaining control over your medical care and relieving your family from the burden of making difficult decisions without your input.

If you need help drafting a healthcare directive or other types of POA, our legal team can walk you through the process. We regularly assist families with estate planning and decision-making tools that reflect their values and goals. You can learn more about these services by visiting our page on wills and powers of attorney.

When and Why to Use a Power of Attorney

Planning for Absence or Emergencies

A power of attorney is not just for seniors or people with serious health concerns. It’s a practical tool for anyone who wants to prepare for unexpected events. You might need someone to manage your affairs if you’re traveling, recovering from surgery, or stationed overseas. In these cases, a POA allows your agent to pay bills, sign documents, or manage urgent financial matters while you’re unavailable.

Supporting Loved Ones Through Health Decline

Many families use POAs to support aging parents or relatives with health conditions. A durable POA ensures someone you trust can step in without delay if your loved one loses decision-making capacity. This can help avoid the stress and expense of seeking court-appointed guardianship during a crisis.

Updating POA During Divorce or Separation

We often assist clients updating legal documents during divorce or separation. If your spouse had authority under a previous POA, it’s critical to revoke that power. You should also create new documents that reflect your current needs and relationships. These updates are especially important during or after a contested divorce or separation agreement.

Avoiding Guardianship Proceedings

Without a POA, your loved ones may need to file a court petition to make decisions for you. That process takes time, incurs costs, and may not reflect your personal preferences. A valid durable POA keeps control in your hands—and with the people you trust.

A Versatile Tool for Maryland Families

Whether you’re building a long-term care plan, managing a chronic condition, or preparing for parenthood, a POA offers flexibility. It ensures your affairs will be handled smoothly, without gaps or delays. If you’re unsure what kind of POA fits your situation, our team can guide you through your options and help craft a personalized plan.

For more on how POAs fit into family law and estate planning, visit our page on family law services in Maryland.

How to Create a Power of Attorney in Maryland

Creating a valid power of attorney in Maryland involves more than choosing an agent. You must follow specific legal steps to ensure the document is enforceable. Whether you’re planning for financial management, health care, or both, Maryland provides clear guidelines and official forms to help you get started.

Choose the Right Type of Power

Start by identifying which type of POA best fits your needs. If you want someone to manage all your financial matters, you may need a general or durable financial POA. If you only need help with medical decisions, a health care POA—known in Maryland as an Advance Directive—may be more appropriate. You can also combine different POAs to cover multiple areas of your life.

Use the Correct Maryland Statutory Forms

Maryland provides official templates that meet legal requirements for most POA types. These include:

• Maryland Personal Financial Power of Attorney – Used to give someone broad or limited control over your finances.
• Advance Directive – Allows your health care agent to make medical decisions on your behalf.

You can download these forms from the Maryland Attorney General’s website or request them from a local government office.

Meet Legal Requirements for Execution

To make your POA legally valid in Maryland, you must:

• Be at least 18 years old and mentally competent
• Sign the document voluntarily, without pressure
• Have your signature witnessed by two adults
• Include a notary seal (for financial POAs)

Medical POAs and Advance Directives also require two witnesses but do not need notarization. At least one witness must be someone other than the named agent.

Store and Share the Completed Document

Once signed and witnessed, store your POA in a safe but accessible location. Share copies with your agent and any relevant parties, such as your financial institutions, health care providers, or legal advisor. You don’t have to file the document with the court, but distributing it ensures others recognize your agent’s authority when it matters most.

If you need help preparing or reviewing your documents, we offer trusted guidance at every step. We regularly assist individuals and families throughout Forestville, Upper Marlboro, and surrounding communities in creating powers of attorney that comply with Maryland law and reflect their personal wishes.

Revoking a Power of Attorney in Maryland

Life circumstances change—and so can your relationship with the person you’ve named as your agent. Maryland law gives you the right to revoke a power of attorney at any time, as long as you are mentally competent. Whether you’re going through a divorce, suspect misuse of authority, or simply want to make a change, revoking a POA is your legal right.

Common Reasons for Revocation

You may decide to revoke a POA for many reasons, including:

• Divorce or separation from the appointed agent
• Loss of trust in the agent’s judgment or actions
• Appointment of a new agent
• Completion of the task or purpose tied to a limited POA

How to Revoke a Power of Attorney

To revoke a POA, you must complete a Maryland Revocation of Power of Attorney form. This document cancels the authority you previously granted and must contain key information, including:

• Your full legal name and address
• The date of the original POA
• The name and address of your agent
• The date you’re revoking the document
• Your signature

You should also sign the form in front of a notary public. Once complete, deliver a copy to your agent and anyone else who relied on the original POA—such as your bank, doctor, or attorney. This helps avoid confusion or unauthorized use.

Optional: Provide Public Notice

In some situations, you may choose to publish a legal notice of the revocation in a local newspaper. While not required, this adds an extra layer of protection—especially if the original POA was widely used or shared.

Legal Support for Updating or Cancelling a POA

Revoking a POA is a serious step, particularly if it involves conflict or potential misuse. We help clients revoke powers of attorney and draft new documents that better reflect their wishes. If you’re unsure how to proceed, our team can provide clear legal advice and prepare the necessary paperwork on your behalf.

For related legal guidance—especially during divorce or family restructuring—explore our resources on divorce planning and financial rights<

Do You Need a Lawyer to Create or Revoke a Power of Attorney?

While Maryland offers standard forms for creating a power of attorney, the legal and practical consequences of granting someone this authority are far from simple. Mistakes in drafting, signing, or executing a POA can lead to confusion, delays, or even abuse. That’s why working with a knowledgeable attorney is strongly recommended—especially when the stakes involve your finances, health care, or long-term legal rights.

A lawyer can help you choose the right type of POA based on your goals, whether you’re planning for incapacity, managing a chronic condition, or updating your documents during a divorce. Legal counsel ensures your document meets all state requirements, includes proper limitations, and protects you from unintended consequences.

In situations where a POA needs to be revoked, an attorney can also guide you through the process—ensuring you notify the correct parties, file updated documents, and reduce the risk of lingering legal authority. This is particularly important when you’re changing agents or ending the authority of a spouse or former partner.

At The Burton Firm, we assist individuals and families with every stage of the POA process—from initial planning to revocation and replacement. Our attorneys provide tailored advice based on your unique circumstances, and we take the time to explain each legal option clearly and respectfully.

To learn more about our approach, visit our firm overview or read our recent blog posts on related topics like adoption, custody, or child support enforcement.

Trusted Legal Support for Your Power of Attorney Needs

A power of attorney gives someone the authority to act in your place—but it’s also a powerful tool for protecting your future. Whether you need someone to manage financial tasks while you’re away, make medical decisions in an emergency, or step in if you become incapacitated, a properly prepared POA ensures your wishes are followed without delay or confusion.

In Maryland, creating or revoking a POA involves important legal considerations, from selecting the right agent to complying with witnessing and notarization rules. It’s not just about filling out forms—it’s about making sure your intentions are legally enforceable and fully understood. Mistakes or unclear language can lead to unnecessary complications or even legal disputes.

At The Burton Firm, we help individuals and families across Prince George’s County, Charles County, Montgomery County, and the D.C. area make confident, informed decisions about their legal and personal futures. Whether you’re setting up a new POA or replacing an outdated one, our attorneys offer clarity, experience, and trusted support every step of the way.

If you’re ready to create a power of attorney or want to update an existing document, request a consultation with our team today. We’re here to help you protect what matters most—with personalized legal guidance you can rely on.