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MARYLAND LEGAL INFORMATION
Power of Attorney Statutes
- Notary: Unless you wish to give the attorney-in-fact the power to transfer real property, there is no requirement in the statutes that the signature of the principal upon a POA be witnessed and acknowledged by a notary. However, if the attorney-in-fact is to have power to transfer real property, the form should be witnessed by two witnesses and notarized.
- Witnesses: There is no requirement of a witness to the signature of principal in addition to the notary, unless, the attorney-in-fact is to have the authority to transfer real property. In the case of real property transactions, the POA form must be witnessed by two witnesses.
- Signature of Agent: No requirement that the agent sign the POA; however, the standard MedLawPlus.comŽ POA form does have a signature block for the agent. It is a recommended practice to have the agent (also called "attorney-in-fact") sign the POA.
- Maryland Statutes dealing with Powers of Attorney. (See Estate and Trusts, Chapter 13, Section 13-601, et alia.
Selected Maryland Statutes
- Estates and Trusts § 13-601. Disability, incompetence, etc., of principal.
- Durable power of attorney - Definition.- 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.
- Same - Designation by writing.- Except as provided in subsection (e) of this section, when a principal designates another as an attorney in fact or agent by a power of attorney in writing, it is a durable power of attorney unless otherwise provided by its terms.
- Effect of acts performed for an incapacitated principal.- Any act done by the attorney in fact or agent pursuant to the power during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive has the same effect and inures to the benefit of and binds the principal as if the principal were alive, competent, and not disabled.
- Appointment of guardian.- If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal. The guardian has the same power the principal would have but for his disability or incompetence to revoke, suspend, or terminate all or any part of the power of attorney or agency.
- Applicability to advance directives appointing health care agents.-
(1) This section does not apply to an instrument or portion of an instrument that is an advance directive appointing a health care agent under Title 5, Subtitle 6 of the Health-General Article.
(2) An instrument or portion of an instrument that is an advance directive appointing a health care agent is subject to the provisions of Title 5, Subtitle 6 of the Health-General Article.
- Real Estate § 4-107. Powers of attorney.
- In general.- Every power of attorney executed by any person authorizing an agent or attorney to sell and grant any property shall be executed in the same manner as a deed and recorded:
(1) Before the day on which the deed executed pursuant to the power of attorney is recorded;
(2) On the same day as the deed executed pursuant to the power of attorney; or
(3) Subject to subsection (b) of this section, after the day on which the deed executed pursuant to the power of attorney is recorded.
- Recording after execution.- A power of attorney may be recorded after the day on which the deed executed pursuant to the power of attorney is recorded, if:
(1) The power of attorney is both dated and acknowledged on or before the effective date of the deed executed pursuant to the power of attorney;
(2) The power of attorney has not been revoked with respect to the period of time up to and including the date of recording of the deed in accordance with the provisions of subsection (c) of this section; and
(3) The deed, or a recorded instrument of writing supplementing the deed contains an affidavit or certification by the agent or attorney in fact named in the power of attorney, stating substantially, that the agent or attorney in fact did not have, at the time of the execution of the deed pursuant to the power of attorney, actual knowledge of the revocation of the power of attorney, by death of the principal or, if applicable, by the subsequent disability or incompetence of the principal.
- Agents.- Any person executing a deed as agent or attorney for another shall describe himself in and sign the deed as agent or attorney. A power of attorney is deemed to be revoked when the instrument containing the revocation is recorded in the office where the deed should be recorded.
Library of Informational Legal Articles
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