Maryland Durable Power of Attorney

Maryland Estates and Trusts Code, Section 17-105 defines durable power of attorney as 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.  Under Maryland law, whenever a person designates another as an attorney in fact or agent by a power of attorney in writing, unless otherwise specified, it is considered a durable power of attorney.  When the agent acts on behalf of the principal in good faith, without the knowledge of the death of principal, the power vested by the durable power of attorney does not terminate until actual knowledge of the principal’s death; and the principal as well as his/her successors in interest shall be bound by such agent’s act.

If a guardian is appointed for the principal, the attorney in fact or agent shall be accountable to the guardian rather than the principal.  The guardian exercises same powers as 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.

There may be written provisions in the power of attorney for its revocation or termination.

Whenever the agent exercises powers for the conveyance of land on behalf of the principal, it shall be executed in the same manner as deeds and recorded.  Any revocation of powers to convey land by the agent must also be recorded.


Inside Maryland Durable Power of Attorney