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For your POA to be valid in Maryland, it must meet certain requirements. Mental Capacity for Creating a POA. ... Notarization and Witnessing Requirement. ... Create the POA Using a Statutory Form, Software, or Attorney. ... Sign the POA in the Presence of a Notary Public and Witnesses. ... Store the Original POA in a Safe Place.
As mentioned above, a valid power of attorney must be executed in the presence of two witnesses and a notary public.
The Act indicates that a power of attorney, in order to be validly executed in Maryland, must: Be in writing. Be signed by the principal, or be signed on behalf of the principal at the principal's direction. Be acknowledged by the principal before a notary.
Statutes Text §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.
A general power of attorney allows another party to act as they see fit on your behalf concerning all your legal needs. By contrast, a limited power of attorney enables a chosen representative to act for a specific purpose.
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). You need not give to your agent all the authorities listed below and may give the agent only those limited powers that you specifically indicate.
The POA must be signed by the principal (or someone the principal directs to sign on their behalf, in the principal's presence). The POA must be signed in the physical or electronic presence (i.e., able to communicate in real time) of at least two adult witnesses. Maryland General Assembly.
You can appoint someone to make medical decisions for you by completing the Maryland Advance Directive Form. Two witnesses must co-sign the form. The form does not need to be notarized. You or your agent are responsible for notifying your health care provider that you have an Advance Directive.