Maryland
Maryland Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Maryland adopted the Maryland General and Limited Power of Attorney Act, a modified version of the Uniform Power of Attorney Act (UPOAA), codified at Md. Code, Estates and Trusts (Est. & Trusts) §§ 17-101 through 17-204. The law has two features that set Maryland apart from most other states. First, a written power of attorney is durable by default under Est. & Trusts § 17-105: it survives the principal's incapacity automatically unless the document states otherwise. Second, valid execution requires the principal's signature, acknowledgment before a notary public, AND attestation by two adult witnesses, with the notary permitted to serve as one of those witnesses under Est. & Trusts § 17-110. Maryland provides statutory forms for both personal financial and limited real-property powers of attorney. Medical and health care decisions are governed by a completely separate instrument: the advance directive under the Maryland Health Care Decisions Act, Md. Code, Health-General §§ 5-601 through 5-618.
What a Power of Attorney Does in Maryland
A power of attorney is a written document in which a principal grants authority to an agent to act on the principal's behalf in financial, legal, and property matters. The scope of that authority can be as broad or as narrow as the principal chooses.
Maryland law recognizes general powers covering a wide range of financial matters, limited powers restricted to a particular transaction or category of property, and durable powers that continue even if the principal later becomes incapacitated. All of these fall under Est. & Trusts Title 17.
An agent under a Maryland POA is a fiduciary. That means the agent must act in the principal's best interest, avoid conflicts of interest, and keep records of every transaction made on the principal's behalf. The agent's authority exists to benefit the principal, not the agent.
A POA ends automatically at the principal's death. After death, the personal representative or executor of the estate takes over. The agent has no authority to act once the principal has died.
Durable Power of Attorney in Maryland
One of the most important features of Maryland's law is its default durability rule. Under Est. & Trusts § 17-105, a written power of attorney is durable automatically: the principal's subsequent incapacity does not terminate the agent's authority unless the document itself expressly says otherwise. This means Maryland principals do not need to add special "durable" language to make a POA survive incapacity. A POA that says nothing about incapacity is durable.
Principals who want a non-durable POA, one that ends if they become incapacitated, must include language in the document stating that the power terminates upon incapacity.
Md. Code, Est. & Trusts § 17-112(a) lists the circumstances that terminate the power of attorney itself:
- The principal's death.
- The principal's incapacity, but only if the POA is not durable.
- Revocation by the principal.
- An expiration date or condition stated in the document.
- Accomplishment of the POA's specific purpose.
- Revocation of the agent's authority, or the agent's death, incapacity, or resignation, where the document does not provide for another agent to act.
Subsection (b) of the same section covers something different: the end of a particular agent's authority, which is not the same as the end of the document. An agent's authority terminates when the principal revokes that authority, when the agent dies, becomes incapacitated, or resigns, when an action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation (unless the power of attorney provides otherwise), or when the power of attorney itself terminates.
An agent's authority remains exercisable until it is actually terminated, even if time has passed since the POA was executed, unless the document provides otherwise.
A separate protection exists in Est. & Trusts § 17-106: good-faith acts by an agent who had no actual knowledge of the principal's death or the revocation of the POA remain binding on the principal's estate.
How to Create a Valid Maryland Power of Attorney
Est. & Trusts § 17-110 sets out the execution requirements for any POA executed on or after October 1, 2010. Three things are required:
1. Signature by the principal. The principal must sign the document. If the principal is physically unable to sign, another adult may sign on the principal's behalf at the principal's direction and in the principal's physical presence.
2. Acknowledgment before a notary public. The principal must acknowledge the signature before a notary public. The acknowledgment may be done in the notary's physical or electronic presence.
3. Attestation by two adult witnesses. Two adult witnesses must attest and sign the document. The notary public may serve simultaneously as one of the two required witnesses, reducing the number of additional persons needed to just one. Witnesses must be in the physical or electronic presence of both the principal and each other.
For electronic or remotely witnessed POAs (other than those involving real estate transactions), additional requirements apply: the parties must appear before a supervising attorney, the principal must be a Maryland resident or physically in Maryland at the time of signing, and the supervising attorney must create a certified paper copy.
Maryland offers two statutory forms. The personal financial power of attorney (Est. & Trusts § 17-202) covers broad financial authority including real property, bank accounts, investments, taxes, retirement accounts, government benefits, insurance, litigation, and digital assets. The limited power of attorney (Est. & Trusts § 17-203) is tailored for specific transactions such as a single real estate closing or a defined category of financial matters.
Under Est. & Trusts § 17-104, a person may not require an additional or different form of power of attorney for any authority granted in a Maryland statutory form. A third party who wrongfully refuses to accept a valid statutory form POA can be ordered by a court to accept it and may be liable for the attorney's fees and costs incurred to enforce acceptance.
Out-of-state POAs are valid in Maryland if they complied with the law of the jurisdiction where they were executed, under Est. & Trusts § 17-108. Photocopies and electronic copies carry the same legal weight as originals.
What a Maryland Agent Can and Cannot Do
An agent who accepts a Maryland POA takes on fiduciary duties under Est. & Trusts § 17-113. The agent must:
- Act in accordance with the principal's reasonable expectations and best interest.
- Act loyally and avoid conflicts of interest that impair impartial judgment.
- Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
- Exercise care, competence, and diligence appropriate to the circumstances.
- Preserve the principal's estate plan where feasible, considering tax minimization, the principal's maintenance needs, and eligibility for government benefits.
- Cooperate with any person designated to make health care decisions for the principal.
Certain powers require explicit authorization in the document and principal initials to activate in the statutory form. For the personal financial POA, these include making gifts to family or charity, creating or changing survivorship rights on joint accounts, changing beneficiary designations on insurance or retirement accounts, and disclaiming property. An agent who is not an ancestor, spouse, or descendant of the principal may not use the principal's property to benefit the agent without express written authorization.
An agent does not have to accept the appointment. But if an agent has accepted and the principal requests an accounting, the agent must respond within 30 days or explain in writing why additional time is needed, with a maximum 30-day extension permitted under Est. & Trusts § 17-102.
Advance Directive and Health Care Agent in Maryland
A Maryland financial power of attorney does not authorize an agent to make health care decisions. Medical authority requires a completely separate document: an advance directive under the Maryland Health Care Decisions Act, Md. Code, Health-General §§ 5-601 through 5-618.
An advance directive under Health-General § 5-601 can serve two purposes: it can name a health care agent to make medical decisions for the principal when the principal is incapable of making an informed decision, and it can contain written instructions about specific treatments the principal does or does not want.
Under Health-General § 5-602, a written or electronic advance directive must be:
- Dated.
- Signed by the declarant, or signed at the declarant's direction.
- Witnessed by two individuals in the physical or electronic presence of the declarant.
The health care agent being appointed may not serve as a witness. At least one witness must not stand to benefit financially from the declarant's death or receive any portion of the declarant's estate.
Notarization is not required for a Maryland advance directive. This is different from the financial POA, which requires notarization.
The following people may not serve as a health care agent: an owner, operator, or employee of a health care facility that is providing care to the declarant (unless they are also a family member who would qualify as a surrogate), or anyone subject to a protective order against the declarant. A spouse who is separated or whose marriage is being dissolved may not serve unless the declarant expressly consents.
Incapacity alone does not switch the health care agent's authority on. Unless the document provides otherwise, Health-General § 5-602(e)(1) makes an advance directive effective when the declarant's attending physician and a second physician certify in writing that the patient is incapable of making an informed decision. Under § 5-602(e)(2), the second physician's certification is not required if the patient is unconscious or unable to communicate by any means. Once the directive is effective, the agent is bound by the principal's known wishes, prior statements, and best interests, and the agent must cooperate with the financial POA agent if both are active.
To revoke an advance directive, a declarant may execute a written revocation, make an oral revocation (documented by the health care practitioner and a witness in the medical record), physically destroy the document, or execute a new advance directive. The declarant should notify any parties who received copies, including the named health care agent and treating physicians. This is governed by Health-General § 5-604.
Revoking or Ending a Maryland Power of Attorney
A principal may revoke a financial power of attorney at any time while competent. The most reliable method is a written revocation signed and dated by the principal. Oral revocation is recognized but can cause practical problems when third parties have not received notice.
Title 17 does not prescribe any particular form or procedure for revoking a POA. Est. & Trusts § 17-112(a)(3) provides only that a power of attorney terminates when the principal revokes it, and the Maryland Act does not include the uniform provision, enacted in some other states, that addresses whether a later power of attorney cancels an earlier one. Because the statute is silent on that question, the answer should be written into the document rather than assumed. The Maryland statutory personal financial form at Est. & Trusts § 17-202 handles it directly: the form contains a revocation paragraph in which the principal revokes all previously executed powers of attorney, except those executed on the same date as the new form and limited powers of attorney that apply to specific accounts or specific property. Whatever document is used, principals should include clear revocation language in any replacement POA and should notify all agents and relevant third parties, such as banks and financial institutions, in writing.
A Maryland POA also terminates automatically when the principal dies, when the agent dies, becomes incapacitated, or resigns without a named successor, or when an action is filed for dissolution or annulment of the agent's marriage to the principal, or their legal separation (unless the document provides otherwise). If the POA was created for a specific transaction, it ends once that transaction is complete.
A good-faith agent who acts without actual knowledge of revocation or the principal's death is protected under Est. & Trusts § 17-106. An agent may execute an affidavit confirming they lacked actual knowledge of any terminating event, and that affidavit serves as conclusive proof of non-revocation for third parties who rely on it.
For a broader overview of how powers of attorney work across all states, see our national Power of Attorney guide.
This page provides general legal information about Maryland power of attorney laws and is not legal advice. Maryland estate planning involves individual circumstances that an attorney licensed in Maryland can assess. Consult a qualified Maryland attorney before executing or relying on any power of attorney or advance directive.
Last reviewed: May 2026. Governing statutes: Md. Code, Est. & Trusts §§ 17-101 to 17-204 (Maryland General and Limited Power of Attorney Act) and Md. Code, Health-General §§ 5-601 to 5-618 (Maryland Health Care Decisions Act).
More Maryland Laws
Frequently Asked Questions
Is a Maryland power of attorney automatically durable?
Yes. Under Md. Code, Est. & Trusts § 17-105, a written Maryland POA is durable by default. It survives the principal's incapacity automatically unless the document expressly states that the power terminates upon incapacity. No special durable language is required to achieve durability in Maryland.
How many witnesses are required for a Maryland power of attorney?
Two adult witnesses are required under Est. & Trusts § 17-110. The notary public who acknowledges the principal's signature may serve as one of the two witnesses, so in practice only one additional witness is strictly necessary. All three elements, the principal's signature, notarization, and two witnesses, must be present for the POA to be valid.
Does a Maryland power of attorney need to be notarized?
Yes. Notarization is required for a financial POA under Est. & Trusts § 17-110. The principal must acknowledge the signature before a notary public. An advance directive for health care under the Maryland Health Care Decisions Act does not require notarization, only two witnesses.
Can a Maryland power of attorney authorize health care decisions?
No. A financial POA under Est. & Trusts Title 17 does not authorize health care decisions. To appoint someone to make medical decisions, a Maryland resident must execute a separate advance directive under the Maryland Health Care Decisions Act, Md. Code, Health-General §§ 5-601 et seq.
Does Maryland have a statutory POA form?
Yes. Maryland provides two statutory forms: a personal financial POA under Est. & Trusts § 17-202 covering broad financial authority, and a limited POA for specific transactions under § 17-203. Under § 17-104, third parties, including banks and financial institutions, may not demand a different form and can be held liable for attorney's fees if they wrongfully refuse to accept a valid statutory form.
How do you revoke a power of attorney in Maryland?
Est. & Trusts § 17-112(a)(3) provides that a power of attorney terminates when the principal revokes it, but Title 17 prescribes no particular form or procedure for doing so. A signed, dated written revocation is the reliable method. Maryland's statutory personal financial form under § 17-202 also carries its own revocation paragraph, which revokes all previously executed powers of attorney except any executed on the same date and limited powers of attorney covering specific accounts or property. The principal should notify the agent and relevant third parties, such as banks, in writing, because under § 17-106 an agent or third party who acts in good faith without actual knowledge of the revocation is still protected.
Can an advance directive in Maryland be revoked orally?
Yes. Under Health-General § 5-604, a declarant may revoke an advance directive through a written document, oral statement to a health care provider (which must be documented in the medical record by the provider and a witness), physical destruction of the directive, or by executing a new advance directive. The declarant should notify all parties who hold copies.
Updates
Corrected the revocation section, which cited Est. & Trusts 17-112 for a rule that statute does not contain, clarified that section 17-112 lists agent-authority terminations separately from the events that end the document, and added the two-physician written certification that actually makes a Maryland advance directive effective under Health-General 5-602(e).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maryland Code, Estates and Trusts Article
§ 17-105In force
§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. (b) This section applies to all powers of attorney. (c) 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. (d) Any act done by the attorney in fact or agent in accordance with the power of attorney during any period of disability or incompetence of the principal or during any period of 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. (e) (1) If a guardian is appointed for the principal, the attorney in fact or agent shall account to the guardian rather than the principal.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-110In force
§17–110. (a) Except as provided in subsection (e) of this section, a power of attorney executed on or after October 1, 2010, shall be: (1) In writing; (2) Signed by the principal or by some other person for the principal, in the physical presence of the principal, and at the express direction of the principal; (3) Acknowledged by the principal in the physical or electronic presence of a notary public; and (4) Attested and signed by two or more adult witnesses who sign in: (i) The physical presence of the principal and each other; or (ii) The electronic presence of the principal and each other or any combination of physical or electronic presence. (b) The notary public before whom the principal acknowledges the power of attorney may also serve as one of the two or more adult witnesses and may use communication technology under § 18–214 of the State Government Article for that purpose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-112In force
§17–112. (a) A power of attorney terminates when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of attorney provides that it terminates; (5) The purpose of the power of attorney is accomplished; or (6) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (b) An agent’s authority terminates when: (1) The principal revokes the authority; (2) The agent dies, becomes incapacitated, or resigns; (3) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) The power of attorney terminates. (c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b) of this section, even if there has been a lapse of time since the execution of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-113In force
§17–113. (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; (2) Act with care, competence, and diligence for the best interest of the principal; and (3) Act only within the scope of authority granted in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (1) Act loyally for the principal’s benefit; (2) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest; (3) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (4) Cooperate with a person that has authority to make health–care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; and (5) Attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-104In force
§17–104. (a) A person may not require an additional or different form of power of attorney for any authority granted in a statutory form power of attorney. (b) A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to: (1) A court order mandating acceptance of the power of attorney; and (2) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-202In force
§17–202. “MARYLAND STATUTORY FORM PERSONAL FINANCIAL POWER OF ATTORNEY IMPORTANT INFORMATION AND WARNING You should be very careful in deciding whether or not to sign this document. The powers granted by you (the principal) in this document are broad and sweeping. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. You need not grant all of the powers listed below. If you choose to grant less than all of the listed powers, you may instead use a Maryland Statutory Form Limited Power of Attorney and mark on that Maryland Statutory Form Limited Power of Attorney which powers you intend to delegate to your attorney–in–fact (the Agent) and which you do not want the Agent to exercise.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-203In force
§17–203. “MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY 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. This power of attorney gives your agent the right to make limited decisions for you. You should very carefully weigh your decision as to what powers you give your agent. Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. If you choose to make a grant of limited authority, you should check the boxes that identify the specific authorization you choose to give your agent. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-106In force
§17–106. (a) (1) The death, disability, or incompetence of a principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency. (2) Unless otherwise invalid or unenforceable, any action taken by the attorney in fact, agent, or other person who acts in good faith under the power of attorney or agency binds the principal and the principal’s heirs, legatees, and personal representatives. (b) (1) In the absence of fraud, an affidavit executed by the attorney in fact or agent and stating that the attorney in fact or agent did not have, at the time of doing an act in accordance with the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence, is conclusive proof of the nonrevocation or nontermination of the power at that time.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-108In force
§17–108. (a) A power of attorney executed in this State is valid and enforceable as to persons dealing with the agent. (b) A power of attorney executed other than in this State is valid and enforceable in this State as to persons dealing with the agent if, when the power of attorney was executed, the execution complied with: (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or (2) The requirements for a military power of attorney in accordance with 10 U.S.C. § 1044b. (c) (1) Except as otherwise provided by law other than this title and subject to paragraph (2) of this subsection, a photocopy or electronically transmitted copy of an original power of attorney is as valid and binding as the original power of attorney. (2) A clerk of court may refuse to record a photocopy or electronically transmitted copy of an original power of attorney. (d) (1) A principal may delegate to one or more agents the authority to do any act specified in the statutory forms in Subtitle 2 of this title.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 17-101In force
§17–101. (a) In this title the following words have the meanings indicated. (b) (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney–in–fact, or otherwise. (2) “Agent” includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated. (c) “Electronic” has the meaning stated in § 4–101 of this article. (d) “Electronic power of attorney” means a power of attorney containing one or more electronic signatures and executed in compliance with this title. (e) “Electronic presence” has the meaning stated in § 4–101 of this article. (f) “Electronic signature” has the meaning stated in § 4–101 of this article. (g) “Incapacity” means the inability of an individual to manage property or business affairs because the individual: (1) Meets the grounds required for the appointment of a guardian of the property of a disabled person described in § 13–201 of this article; or (2) Is: (i) Missing; (ii) Detained, including incarcerated in a penal system; or (iii) Outside the United States and unable to return.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Maryland Code, Health - General Article
§ 5-602In force
§5–602. (a) (1) Any competent individual may, at any time, make a written or electronic advance directive regarding the provision of health care to that individual, or the withholding or withdrawal of health care from that individual. (2) Notwithstanding any other provision of law, in the absence of a validly executed or witnessed advance directive, any authentic expression made by an individual while competent of the individual’s wishes regarding health care for the individual shall be considered. (b) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Disqualified person” means: 1. An owner, operator, or employee of a health care facility from which the declarant is receiving health care; or 2. A spouse, parent, child, or sibling of an owner, operator, or employee of a health care facility from which the declarant is receiving health care. (iii) “Person eligible for relief” has the meaning stated in § 4–501 of the Family Law Article.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Jane Doe v. University of Maryland Medical System Corporation (Court of Appeals for the Fourth Circuit 2025)“…ctive cannot also sign that document as a witness. Md. Code, Health-Gen. § 5-602(c)(2)(ii). In this case…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5-604In force
§5–604. (a) (1) Except as provided in paragraph (2) of this subsection, an advance directive may be revoked at any time by a declarant by a signed and dated written or electronic document, by physical cancellation or destruction, by an oral statement to a health care practitioner or by the execution of a subsequent directive. (2) A declarant, knowingly and voluntarily, may elect in an advance directive to waive the right under paragraph (1) of this subsection to revoke any part or all of the advance directive, including the appointment of an agent, during a period in which the declarant has been certified incapable of making an informed decision under § 5–602(e) of this subtitle. (b) If a declarant revokes an advance directive by an oral statement to a health care practitioner, the practitioner and a witness to the oral revocation shall document the substance of the oral revocation in the declarant’s medical record. (c) It shall be the responsibility of the declarant, to the extent reasonably possible, to notify any person to whom the declarant has provided a copy of the directive.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 5-601In force
§5–601. (a) In this subtitle the following words have the meanings indicated. (b) “Advance directive” means: (1) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of this subtitle; (2) A witnessed oral statement, made by the declarant in accordance with the provisions of this subtitle; or (3) An electronic document, voluntarily executed by the declarant, in which the declarant’s identity is authenticated in accordance with the guidelines described in § 5–602(c)(3) of this subtitle. (c) “Agent” means an adult appointed by the declarant under an advance directive made in accordance with the provisions of this subtitle to make health care decisions for the declarant. (d) “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
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Sources and References
- Md. Code, Est. & Trusts § 17-101 - Definitions (Maryland General and Limited Power of Attorney Act)(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-104 - Mandatory Acceptance of Statutory Form POA(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-105 - Durable Power of Attorney (Default Durability Rule)(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-106 - Good-Faith Protection After Death or Incapacity(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-108 - Validity of Out-of-State Powers of Attorney(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-110 - Execution Requirements (Notary + Two Witnesses)(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-112 - Termination of Power of Attorney(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-113 - Agent Duties and Fiduciary Obligations(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-202 - Statutory Form Personal Financial Power of Attorney(mgaleg.maryland.gov)
- Md. Code, Est. & Trusts § 17-203 - Statutory Form Limited Power of Attorney(mgaleg.maryland.gov)
- Md. Code, Health-General § 5-601 - Definitions (Maryland Health Care Decisions Act)(mgaleg.maryland.gov)
- Md. Code, Health-General § 5-602 - Advance Directive: Creation and Execution Requirements(mgaleg.maryland.gov)
- Md. Code, Health-General § 5-604 - Revocation of Advance Directive(mgaleg.maryland.gov)