How to Get Financial Power of Attorney in Maryland

A durable power of attorney (POA) in Maryland allows someone you trust to handle your money if you can’t.

This person called an agent or attorney-in-fact, can do things like depositing checks, filing taxes, or selling your home.

You can create this document to give them specific powers to help you with these tasks.

Learn how to get financial power of attorney in Maryland with our comprehensive guide.

Understand the legal steps and requirements to empower a trusted individual to manage your finances in case of incapacity.

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How to Get Financial Power of Attorney in Maryland. Photo Source (Freepik)

What Kinds of Powers of Attorney Can You Get in Maryland?

In Maryland, you can make different kinds of POAs.

Many estate plans have two main ones:

  1. A financial POA lets someone handle your money and business matters.
  2. A medical POA lets someone make medical decisions for you. In Maryland, this is combined with a living will into an “advance directive.”

These POAs are usually durable, which means they keep working even if you can’t make decisions.

It’s a good idea for most people to have these documents to plan for unexpected events.

What Legal Rules Must a Financial POA Follow in Maryland?

For your POA to work in Maryland, it needs to meet some rules:

  1. Mental Capacity: The person making the POA must be able to think clearly. Maryland courts decide exactly how much is needed. If you’re helping someone with a POA, make sure they can still manage their own things.
  2. Notarization and Witnessing: The POA must be watched by two people who aren’t agents and signed by a notary public. The notary can be one of the witnesses, so you only need one more.

How to Create a Financial Power of Attorney in Illinois

To make a POA in Maryland, you can use a form from the state, software & Trust, or get help from a lawyer.

You’ll need to give your agent broad powers or choose specific ones from a list.

Your POA stays effective even if you become unable to make decisions unless you say otherwise.

You have to sign the POA in front of a notary public and witnesses.

Keep the original safe and give a copy to your agent.

If your POA involves real estate, file a copy with the Circuit Court Clerk’s Office.

You can also give copies to banks or other places your agent might need to use it.

Who Can Be Appointed as an Agent (Attorney-in-Fact) in Illinois?

In Maryland, you can pick any capable adult to be your agent.

Think about how much you trust them and where they live.

It’s usually best to have just one agent to avoid problems.

But you can have more than one if you want.

It’s smart to have a backup agent in case your first choice can’t help you.

Your agent can also choose a backup if needed.

When Does My Durable Financial Power of Attorney (POA) Become Effective?

Your POA usually starts working as soon as you sign it unless you say it starts later.

You can make it start only after something specific happens like a doctor saying you can’t make decisions.

But this kind of POA isn’t usually a good idea for many reasons.

When Does My Financial Power of Attorney (POA) Expire?

A power of attorney (POA) stops working when you die.

A durable POA also stops working if:

  • You cancel it while you’re able to think clearly.
  • There’s no one to be your agent, but you can choose another person.
  • A court says your document is not valid because you weren’t able to think clearly when you signed it, or someone tricked or pressured you.

In Maryland, if you name your spouse as your agent and you get divorced, their authority ends.

Your POA stays the same, and the person you chose as your backup agent becomes your new agent. (Md. Code Est. & Trusts § 17-112 (2023).)

Conclusion

A durable power of attorney (POA) in Maryland lets someone manage your money if you can’t.

You need to be mentally capable and get it signed by a notary and witnesses.

You can create it using state forms, software, or with a lawyer’s help.

Choose someone you trust as your agent and name a backup.

Your POA starts working when you sign it and stops if you die, revoke it, or if a court decides it’s not valid.

If your spouse is your agent and you get divorced, their authority ends and your backup agent takes over.

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