Signing Over Authority
Est. & Trusts § 17-110 — a notary and two adult witnesses, and durable unless it says otherwise
In Maryland, a power of attorney signed on or after October 1, 2010 must be in writing; signed by the principal, or by another person for the principal in the principal's physical presence and at the principal's express direction; acknowledged by the principal before a notary public, in person or electronically; and attested and signed by two or more adult witnesses.
The notary can be one of the witnesses. The notary before whom the principal acknowledges the document may also serve as one of the two or more adult witnesses. Witnesses sign in the presence of the principal and each other, physically or electronically, and most electronic or remotely witnessed documents also need a supervising attorney who certifies a paper version.
Durable unless it says otherwise. A written Maryland power of attorney is durable unless its own terms provide otherwise. What the agent does under it during the principal's disability or incompetence binds the principal as if the principal were competent. If a guardian is appointed, the agent accounts to the guardian, who can revoke or suspend it as the principal could.
| The assumption | What the law actually does |
|---|---|
| The assumptionI have to add words to make it survive incapacity | What the law actually doesDurable unless its terms provide otherwise |
| The assumptionA notary is enough | What the law actually doesA notary and two or more adult witnesses, one of whom may be the notary |
| The assumptionThe bank can insist on its own form | What the law actually doesNo one may require a different form for authority in a statutory form power of attorney |
| The assumptionThe agent answers to nobody | What the law actually doesDuties that apply whatever the document says |
When it is refused. A person may not require an additional or different form for authority granted in a statutory form power of attorney. Refusing an acknowledged statutory form in violation of that rule exposes the person to a court order mandating acceptance, and to reasonable attorney's fees and costs.
Whatever the document says, an agent who has accepted appointment must act according to the principal's reasonable expectations as far as the agent actually knows them, and otherwise in the principal's best interest; with care, competence and diligence; and only within the authority granted. Unless the document says otherwise, the agent also acts loyally, avoids conflicts of interest, and keeps a record of all receipts, disbursements and transactions.
An agent or other person who acts in good faith without actual knowledge of the principal's death, disability or incompetence still binds the principal and the estate. Health care decisions, revocation, and the statutory form itself run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed Maryland attorney.
Sources for this section (5)
- Md. Code, Est. & Trusts § 17-110 — Execution of a power of attorney
- Md. Code, Est. & Trusts § 17-105 — Durable power of attorney
- Md. Code, Est. & Trusts § 17-113 — Duties of an agent
- Md. Code, Est. & Trusts § 17-104 — Statutory form power of attorney: refusal to accept
- Md. Code, Est. & Trusts § 17-106 — Death, disability or incompetence of the principal: good faith acts
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.