Maryland Real Estate ONLY Power of Attorney Form

The Maryland real estate only power of attorney form is a document that permits a Principal to transfer powers to an appointed Agent for the purpose of overseeing only the real property of a Principal while the Principal is ill or absent. The Agent will have the powers to sell, purchase, manage, refinance or complete transaction with regard to the Principal’s real property, according to their stated wishes. The Agent must be certain to care for the property or properties as if the Principal were available to handle their own business.

This document must be notarized and attested by two witnesses. This document may be revoked at the Principal’s discretion at any time.

How to Write

1 – The Parties

The first paragraph will seek a definition to the identity and the location of the Principal (individual granting power) and the Attorney-in-Fact (or Agent accepting Principal Authority). In the order defined, provide the following information in he appropriate areas:

  • Enter the full name of the Principal on the space preceding “[Full Name]
  • Record the Principal’s Street Address on the space just before “[Street Address]”
  • Enter the name of the Principal’s City on the space following “City of”
  • Report the name or the Principal’s State on the blank space after “State of”

The next area of the introduction will focus on the Attorney-in-Fact, or Agent. Provide the following items in the corresponding spaces:

  • Enter the name of the Attorney-in-Fact on the blank line preceding “(the “Agent”)”
  • Enter Attorney-in-Fact’s Street Address on the space following the word “of”
  • Report the City and State where the Attorney-in-Fact’s Address is located on the spaces following the phrases “City of” and “State of” (respectively)

2 – Article I. Assignment of Authority

This section will list four statements defining four separate subject matters in Real Estate. Each statement will describe the authority the Principal may potentially grant the Attorney-in-Fact. In order to grant the Attorney-in-Fact the powers defined in one of the statements, the Principal will need to Initial the statement, check the box following the initials, define the concerned location’s address on the first blank line of the statement, and provide the legal description of the location on the second blank line in the statement. Read through these statements, then select the ones defining the powers the Principal will grant the Attorney-in-Fact:

  • Sale of Real Estate
  • Purchase of Real Estate
  • Management of Real Estate
  • Refinancing

3 – Article III. Term

The Principal must establish the term of the document, select only one of these choices:

  • Initial and check the box for Choice “a”  if the Principal wishes the period of effect to begin as of this document’s execution date, then enter the Date this authority will naturally terminate using the three blank spaces provided.
  • Initial and check the box for Choice “b” if the Principal wishes select Non-Durable option, meaning the authority bestowed by virtue of this document will automatically terminate upon the incapacity, death, or revocation of the Principal
  • The durable option would become immediately effective and shall only terminate upon the death or revocation of the Principal

4 – Article V. Governing Law

On the blank space in this item, report the State whose laws apply to this document.

5 – Article VI. Revocation

In this article, the Principal will hereby terminate all previously issued powers of attorney that would conflict with this one and verify this statement by Signature:

  • On the three blank spaces after the term “…executed this instrument this,” the Principal must enter the Calendar Day, Month, and Year of the Signature Date
  • The Principal must submit his or her Signature on the space labeled “Principal’s Signature” then, print his or her name on the space labeled “Print Name”
  • The Attorney-in-Fact must sign the “Agent’s Signature” line, then print his or her name on the “Print Name” line

6 – Witness Verification

Two Witnesses must attest to physically seeing the Principal and Agent sign this document in the presence of a Notary Public. Two area have been provided for this. To begin, locate the statement under the words “Affirmation by Witness 1,” then satisfy its requirements:

  • The name of Witness 1 must be reported on the first blank space in thsi section.
  • Witness 1 must sign the “Witness 1 Signature” line
  • Witness 1 must print his or her name on the next space

The next area, “Affirmation by Witness 2,” requires several items from second Witness:

  • Witness 2 must enter his or her name on the first blank line in this section
  • Witness 2 must Sign and Print his or her name on the two spaces immediately following the statement (“Witness 2 Signature” and “Print Name”)

6 – Notary Acknowledgement

Once the notary has recorded all of the identities of the signatories and witnessed the signatures, the Notary Public shall complete the document in acknowledgement