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Health Care Power of Attorney Requirements in Maryland

In Maryland, an advance directive appointing a health care agent must be dated, signed and witnessed by two people; no notary is needed, the agent cannot witness, and at least one witness must not benefit financially from your death.

Last checked . General information, not legal advice.

Maryland at a glance

Document name
Advance directive appointing a health care agent
Witnesses
2 witnesses
Witnesses may sign in the physical or electronic presence of the declarant.
Notary required
No
Who cannot witness
Agent; 1 witness must not be a beneficiary
At least one witness must not knowingly be entitled to any part of the estate or any financial benefit from the death. Facility staff and physicians may witness.

Sources

Last checked

The rules in Maryland

What is a health care power of attorney called in Maryland?

Document name in Maryland: Advance directive appointing a health care agent.

How many witnesses does a health care power of attorney need in Maryland?

Witnesses in Maryland: 2 witnesses. Witnesses may sign in the physical or electronic presence of the declarant.

Does a health care power of attorney have to be notarized in Maryland?

No. Notary required in Maryland: no.

Who cannot witness a health care power of attorney in Maryland?

Who cannot witness in Maryland: Agent; 1 witness must not be a beneficiary. At least one witness must not knowingly be entitled to any part of the estate or any financial benefit from the death. Facility staff and physicians may witness.

Where do the Maryland health care power of attorney requirements come from?

The rules above come from Md. Code, Health-Gen. 5-602. Each source is linked on this page. We last checked them in October 2026.

Good to know

Maryland also allows a dated video advance directive, stored by an electronic advance directives service recognized by the Maryland Health Care Commission, to appoint an agent without witnesses.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.