Maryland Durable Power of Attorney Form

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The Maryland Durable Power of Attorney Form is used when the Principal wishes the Agent to retain their power, even if the Principal is declared incapacitated by a doctor. More often than not, this kind of form is Springing and will therefore only go into effect after the Principal has been incapacitated, but exceptions do exist.

In Maryland, if the Principal and the Agent are married and they get a divorce or separation, a Durable Power of Attorney agreement will not automatically be terminated. If the Principal wishes to end their agreement after a divorce, they will need to manually revoke it and name a new Agent if they wish. In the case of a divorced Agent and Principal, a Court make declare the agreement invalid, but this is far from a certainty.