Powers of Attorney in Maryland

Beginner's Questions
1

Hi Friends,

I’m trying to find the exact specific laws for notarizing POA in MD. I know they can differ in multiple ways depending on the state. For instance, some states require principal to be present, and some don’t.

The MD Notary Handbook does not address these types of documents specifically.

Help? :slight_smile:

2

It’s not really a specific law for notarizing a POA in Maryland. You are just getting the signature of the individuals names that are within the instrument and if principal is not present but their name is disclosed there, then it may be possible that the docs being signed are being sent to another state for the other person to sign on a different date once you ship docs off. If it is saying you are witnessing the principal signature and they aren’t present then cross out their name and initial it.

3

Thanks! I wasn’t sure cause I was reading this article and it talked about specific laws in your state that determine if the principal has to be present if their agent is present. Etc. Kind of confusing.

4

Hang on here - he asked about notarizing a POA - not with a POA. If he’s talking about the initial signing and notarizing of the POA then the principal most certainly has to be present…no?

5

Linda I’m still unsure how everything works, even after reading about it. lol

I was originally asking about signing POA docs other than the original one giving the POA to an agent. I got the impression that there are multiple docs related to POA, not just the original authorization given to the agent, but maybe that’s not true… ???

6

Thanks - that clarifies it. In my experience in CT and FL when the agent is signing a document as AIF the principal does not have to be present. MD may be different…

7

Yes that is precisely what I’m trying to figure out… if the principal has to be present in MD or not.

8

There would be little point in having a POA if the principal has to be present while the attorney-in-fact (AIF) is signing the documents. Normally, a person executes a POA in advance because the principal can’t attend the execution of some documents at a later date (for example, the principal is going to in Istambul at the time the AIF is going to sign the documents in Baltimore).

Occasionally the principal will be present while the AIF signs; perhaps the principal has a physical condition that makes it hard to write, or perhaps is blind. But this is not the usual situation.