Does Power of Attorney Need to Be Notarized in Maryland?

It depends on which power of attorney you are talking about. Maryland requires notarization for financial powers of attorney but not for healthcare Advance Directives. Getting this wrong in either direction — skipping the notary on a financial POA or believing the Advance Directive needs one — causes real problems.

Financial POA: Notarization Is Mandatory

Under Estates and Trusts § 17-110, a financial power of attorney executed on or after October 1, 2010 must be acknowledged before a notary public. This is in addition to the two-witness requirement — Maryland demands both. A financial POA signed only by witnesses, without notarization, does not meet the statutory execution standard and will be rejected by banks and title companies.

The notarization requirement is not merely a formality. It serves as independent verification that the principal signed the document voluntarily and with proper identification. Financial institutions rely on the notary acknowledgment as the primary authentication layer when an agent presents the POA.

The Notary-as-Witness Shortcut

Maryland law includes a practical efficiency that reduces the number of people needed at the signing ceremony. Under ET § 17-110(b), the notary public before whom the principal acknowledges the document can also serve as one of the two required adult witnesses.

This means a valid financial POA signing ceremony requires only three people total:

1. The principal — you
2. One independent adult witness — any adult who is physically present
3. A notary public — who simultaneously signs as the second witness and completes the notary acknowledgment

Without this shortcut, you would need four people: the principal, two independent witnesses, and a notary. The notary-as-witness rule is especially useful in crisis situations — before surgery, during hospitalization, or when arranging the ceremony quickly.

Healthcare Advance Directive: No Notary Needed

Maryland's healthcare Advance Directive under Health-General § 5-602 requires only the declarant's signature and two adult witnesses. No notary acknowledgment is required.

However, the witness rules are stricter:

• Your healthcare agent cannot be a witness. Neither can any named successor agent. This prevents the very person who benefits from the appointment from influencing the signing.
• At least one witness must be disinterested — not entitled to any portion of your estate under a will or intestacy laws, and with no direct financial benefit from your death.
• Healthcare facility employees may legally serve as witnesses, but many Maryland hospitals and nursing facilities prohibit their staff from witnessing patient Advance Directives as a liability precaution.

Electronic Signatures: Technically Permitted, Practically Difficult

Since October 1, 2022, Maryland permits electronic and digital signatures on POA documents. In theory, you could execute a financial POA remotely using digital signatures.

In practice, financial institutions and medical facilities frequently resist electronically signed POAs. The challenge is proving that a remote signing ceremony was properly supervised — that two witnesses were genuinely present (even virtually) and that the notarization was conducted in compliance with ET § 17-110. Many banks simply refuse electronically signed POAs rather than navigating the verification process.

For reliability, execute both documents with wet signatures on paper. The minor inconvenience of an in-person ceremony eliminates the risk of institutional rejection.

What Happens If You Skip Notarization

If a financial POA lacks proper notarization, it is legally defective. Banks are within their rights to refuse it, and title companies will not accept it for real estate transactions. The consequences compound during a crisis — if you are incapacitated with an improperly executed POA, your family's only recourse is a guardianship proceeding through the Orphans' Court.

The Maryland Power of Attorney Kit includes a signing ceremony checklist that covers the exact sequence for both financial POA and Advance Directive execution, including the notary-as-witness arrangement.

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