Disclaimer: This is educational information, not legal advice. I am not a lawyer. If you need legal advice about a particular situation, consult a licensed Maryland attorney.

Detailed answer — what Maryland requires and how prison execution changes things

A power of attorney (POA) is a written document that lets one person (the principal) give another person (the agent or attorney-in-fact) authority to act for the principal. Maryland law treats formalities for POAs seriously because institutions (banks, hospitals, government agencies) will verify that the document meets statutory execution and authentication requirements before accepting it.

When a person signs a POA while incarcerated, the same basic legal requirements apply as for a person in the community. The key formal requirements you must address are:

1. Capacity: The principal must have the mental capacity to understand the nature and effect of the POA at the time of signing. Lack of capacity can invalidate the document.
2. Writing requirement: The POA must be in writing. Oral powers of attorney are generally not recognized for the kinds of authority institutions rely upon.
3. Signature (or signature at direction): The principal must sign the document, or if the principal cannot physically sign, someone else may sign at the principal’s direction and in the principal’s presence. That signature method should be documented on the face of the document.
4. Acknowledgment / notarization or witnessing: Maryland institutions commonly require that the principal’s signature be acknowledged before a notary public. Alternatively, some documents are valid when signed in the presence of two adult witnesses and the witnesses attest to the execution. Using a notary is the most reliable route because it provides an independent official record of the principal’s identity and signature. See Maryland statutory rules on execution and witnesses for powers of attorney (Maryland Code: Estates & Trusts).
5. Durable or limited language (if intended): If the principal intends the POA to remain effective if they become incapacitated, the POA should include clear durable language (for example: “This power of attorney shall not be affected by subsequent incapacity of the principal”). If the document lacks such language, it may terminate on the principal’s incapacity.
6. Specific statutory or institutional requirements: Some banks, benefits administrators, or hospitals require particular form language or additional notarization/witnessing even when Maryland law would accept a simpler document. Real property transactions may also have extra formalities.

Special considerations for prisoners

• Access to a notary: To satisfy acknowledgment requirements, the principal should attempt to sign the POA in front of a notary public. Many correctional facilities allow access to notaries — either a notary who visits the facility or a notary who meets the inmate at a visit or in the facility’s legal services office. Contact the facility’s legal/mail/administration office to learn the facility’s rules and to schedule notary access.
• Permissible witnesses: If the facility or the recipient of the POA accepts witness attestations instead of notarization, the two witnesses must be adults who are competent to testify about the signing and are not named as agents or beneficiaries in the document. Correctional staff may be disqualified by the institution or by conflict-of-interest rules from serving as witnesses or notaries for a POA executed by an inmate; always confirm with the facility.
• Conflict of interest and disqualified agents: Avoid appointing correctional staff or anyone who has a direct supervisory relationship over the principal to serve as agent. Institutions and some statutes bar or question documents that give authority to a person in a position of control over the principal.
• Verification by third parties: After execution, banks and third parties may request further proof: the notary’s journal entry, a copy of the notary’s commission, or additional identification. Use a clear, widely accepted POA form and keep certified copies available.
• Health care powers: In Maryland, powers over medical decisions often use an “advance directive” or health-care agent form separate from a financial POA. Health care forms have specific statutory formats and witness/notary rules — check the institution’s requirements and Maryland health-care advance directive rules.
• Record-keeping and communication: Keep copies of the executed, acknowledged POA. The agent should provide reliably certified copies to banks, benefit administrators, and medical providers as needed. If the principal is released, consider re-executing with community notaries/witnesses to avoid future challenges.

Statutory references and where to look

Maryland provides statutory rules and forms governing powers of attorney and advance directives. To review the statutes and official guidance, consult:

• Maryland Code, Estates & Trusts (Power of Attorney provisions) — see the Maryland General Assembly statutes website: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
• Maryland Courts – legal help pages for estate planning, powers of attorney, and advance directives: https://www.mdcourts.gov/legalhelp

Because facility procedures and third-party acceptance vary, many practitioners recommend notarization plus at least two disinterested witnesses when reasonably possible.

Common pitfalls with prison-executed POAs

• Using prison staff as witnesses or agent (may create a conflict or be rejected).
• Skipping notarization when institutions require it.
• Failing to use durable language when the principal wants the POA to survive incapacity.
• Appointing someone who lacks access to the principal’s records, funds, or mail due to facility rules.
• Not checking whether the institution or bank requires a particular form.

Helpful Hints — practical steps to make a prison-executed POA as solid as possible

1. Contact the correctional facility’s legal or records office first: ask about notary access, witness rules, and whether facility staff can be witnesses or notaries.
2. Use a clear written POA designed for Maryland and include explicit “durable” language if desired.
3. Have the principal sign in front of a neutral notary public whenever possible. If notary access is impossible, use two disinterested adult witnesses and state on the POA who signed it and why the principal could not sign personally (if applicable).
4. Do not name a corrections employee, prison vendor, or someone with supervisory authority as the agent.
5. Ask the likely third parties (bank, benefits office, health provider) in advance what they need to accept the POA; obtain their list and follow it.
6. Keep certified copies. Agents should carry or store certified copies and be prepared to present identification and the notarization/witness affidavits if requested.
7. If the POA involves health-care decisions, use Maryland’s recognized advance directive/health care agent form and comply with its signing rules.
8. If the POA will affect real estate or large transfers, get legal help: those matters can require extra formalities and careful language.

If the POA faces challenge later (claims of lack of capacity, forgery, improper witnessing), an attorney can advise about re-execution, ratification, or court actions to validate the document.