How to Get Power of Attorney in Maryland?

Things can happen that can make it hard or impossible for you or someone else to make important decisions about your life. Accidents, old age, medical conditions, and many other factors can lead to individuals not being able to make crucial choices about things. In those situations, a trusted party is frequently given “power of attorney” to make decisions for the incapacitated person.

In Maryland, power of attorney is set up in writing, and the scope of what the person granted that power can do will depend on the exact nature of the document granting power of attorney. In order to be eligible to get power of attorney, the person granting the power has to participate in the creation and signing of the document while they are not incapacitated. Therefore, it is important to set up power of attorney before the triggering event happens so that it is in effect when it needs to be.

Call Rice, Murtha & Psoras’s Maryland family law lawyers at (410) 694-7291 to have us look at your situation.

What Does Power of Attorney Mean in Maryland?

“Power of attorney” lets an “agent” – an appointed person – have the right to make legal decisions about another person’s life. The person granting power of attorney is called the “principal.” Power of attorney lets an agent make many decisions on behalf of the principal, including financial choices, medical decisions, and much more. Essentially, somebody to whom you grant power of attorney can act as if they were you. This provides anyone who holds power of attorney with a lot of influence over someone else’s life. Because power of attorney is so influential, it has to be granted in writing, and invariably a legal professional like one of our Maryland family law attorneys is involved in creating the document.

By default, power of attorney in Maryland is “durable” under Md. Code, Ests. & Trs. Art., § 17-105. “Durable” power of attorney simply means that it remains effective when the principal becomes incapacitated or disabled. If a power of attorney is not durable, it ends when the principal becomes incapacitated or disabled, which could create problems. The only way to have a non-durable power of attorney in Maryland is to expressly say so in the power-granting documents.

How Do You Get Power of Attorney in Maryland?

A written document is required to get power of attorney in Maryland. Generally, any writing granting someone else the ability to act on behalf of another person in the relevant capacities will be said to grant power of attorney. Even though there is no standardized form, Md. Code, Ests. & Trs. Art., § 17-204 lays out an optional form to be used when conveying power of attorney.

Requirements for Granting Power of Attorney in Maryland

The principal grants power of attorney to an agent through a written document. There are also certain requirements that need to be met when granting power of attorney laid out in § 17-110.

The document needs to be signed by the principal in their “physical or electronic” presence. So, while everybody does not need to be in the same room when executing the power of attorney, they all have to be active in a conference call or similar group communication channel. There also need to be two adult witnesses of the signing of the document. One of those witnesses is allowed to be the attorney who set up the documents, but really anyone who is an adult of sound mind is allowed to be a witness of the execution of the document.

When Does Power of Attorney Go into Effect in Maryland?

Under § 17-111(a), power of attorney is effective as soon as it is signed unless something in the document states that it goes into effect at a later time or when something occurs. For example, a common way that a power of attorney is set up is that it only goes into effect if the principal becomes incapacitated or not in control of their own faculties. That way, the principal can go about their life as normal until circumstance necessitates that they need an agent, and the power of attorney is already set up and ready to go.

How Can Power of Attorney End in Maryland?

The ways that power of attorney can be terminated in Maryland are detailed in § 17-112. Power of attorney ends when the principal dies, the power is not durable and the principal becomes incapacitated, the principal revokes the power, an event outlined in the power of attorney documents that triggers termination occurs, the power of attorney has a goal that gets accomplished, or the agent dies, becomes incapacitated, has their authority revoked, or resigns. However, in the case of the final circumstances, a power of attorney can continue to exist if it provides for another agent to take the place of the previous one.

Types of Power of Attorney in Maryland

There are two types of power of attorney: general power of attorney and limited power of attorney. General power of attorney gives the agent very wide-ranging authority. They can act in the place of the principal in pretty much any matter. This includes making medical decisions, buying or selling assets, and almost anything else you could think of. Limited power of attorney, on the other hand, only gives the agent authority over what is spelled out in the power of attorney documents. Both kinds of power of attorney are allowed in Maryland, so the right way to structure things for you will depend on the facts and circumstances of your situation.

Speak to Our Maryland Family Law Lawyers Now

Dial (410) 694-7291 and discuss your claim with the Annapolis, MD family law lawyers from Rice, Murtha & Psoras today.