The Ins and Outs of the Maryland Statutory Power of Attorney
If you’re looking to get a Maryland statutory power of attorney (POA) but don’t know what it entails, don’t worry—DoNotPay is here to help!
We’ll break down this complex document, show you how to get one, and teach you how to draft a non-statutory POA in a few clicks!
A Maryland statutory power of attorney is a form provided by the State that authorizes a person (the agent) to make decisions and take care of matters in another person’s (the principal’s) stead. It becomes effective immediately unless stated otherwise and stays in effect even after the principal’s incapacitation, which means that it’s a durable power of attorney.
A principal can choose whether they want the POA to be:
A limited power of attorney grants the agent defined powers over specific aspects of the principal’s matters. The principal can also put a time limit on this type of power of attorney.
A springing power of attorney becomes effective when:
- The agent (in case they’re authorized by the POA agreement) determines that the principal is incapacitated
- A judge or an attorney confirms that the principal is abroad and unable to return
- One or more physicians confirm that the principal is physically or mentally incapable of making decisions for themselves
A Maryland statutory power of attorney letter includes the following sections:
|Designation of agent||The principal needs to choose a trustworthy and loyal person as their agent and write their name, address, and telephone number down in this section|
|Designation of coagents (optional)||If the principal has coagents, they need to add their info, such as:
|Designation of successor agent(s) (optional)||In this section, the principal can name their agent’s successor|
|Subjects and authority||All the powers that the attorney-in-fact will be granted are listed in this section|
|Special instructions||Here, the principal can choose for the POA to be springing|
|Effective date||This section states that the POA is effective immediately unless stated otherwise in the section above|
|Termination date||All parties have to agree on the termination date and write it down|
|Nomination of guardian||In this section, the principal can appoint a guardian of their property|
|Signature and acknowledgment||As the Maryland state laws stipulate, a statutory power of attorney needs to be notarized. You should sign the document in front of a notary who will provide their signature and seal|
|Witness attestation||All present witnesses need to sign the document and then write down their:
Once the Maryland statutory POA becomes effective, the agent will have to take care of the following matters:
- Real property
- Stocks and bonds
- Banks and other financial institutions
- Insurance and annuities
- Claims and litigation
- Digital assets
Getting a Maryland statutory power of attorney? Check out the frequently asked questions to get more familiar with the specifics:
- Can a principal make decisions for themselves after signing a POA?
- Can an attorney-in-fact resign?
- When is a POA terminated?
A principal can make legal and financial decisions for themselves as long as they’re physically and mentally capable of doing so.
An attorney-in-fact can resign anytime by providing written notice of resignation and informing the principal that they don’t want to be their agent anymore.
A power of attorney is terminated if:
- The principal dies or becomes incapacitated (in case the POA is not durable)
- The principal revokes the POA
- The purpose of the power of attorney is accomplished
- The agent dies, becomes incapacitated, or resigns, and there’s no substitute for them
If you need a professional power of attorney document in Maryland, DoNotPay can help! Using our Create a Power of Attorney product, you’ll receive a tailor-made POA that will suit your specific needs. Here’s how it works:
- Sign up for DoNotPay
- Select our Create a Power of Attorney product
- Fill in the details you want to be included in your POA
Right before we create your POA, we’ll offer you the option to get your POA notarized remotely through the same app. We’ll send you an email with a notary’s schedule, and you can then set up an appointment.
Once we process your request, we’ll generate a POA document and add two notices for you and your agent to read before signing.
Need more help regarding power of attorney documents? Check out DoNotPay’s vast library of helpful articles, and find out the answers to the following questions:
- What does a general power of attorney document cover?
- What is a financial power of attorney?
- How can I get a bank power of attorney?
- Can I create an emergency power of attorney?
- How can I give someone power of attorney?
- What is a temporary power of attorney?
- Where should I file a power of attorney?
- What determines power of attorney over a parent?
- Can you have more than one power of attorney?
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