The Law Offices of Scott Alan Morrison, P.A.
Frederick
Location
301-694-6262
Hagerstown
Location
301-293-0010

Durable power of attorney may be necessary in Maryland

Death is an inevitable fact of life. However, when most people in Maryland or in any other state die it is not usually a sudden event, but rather a slow process. Usually people will experience a steady decline in health caused by illness, injury, disability or simply natural aging. In many instances, a person may become no longer capable of making decisions for himself or herself, which could require a durable power of attorney.

A power of attorney document enables one to choose a person who would be in charge of handling some or possibly all business and financial affairs of a person when he or she is incapable of doing so. The designated person is known as 'the agent' while the person who chooses the agent to handle his or her affairs is known as 'the principal.' This type of legal document is essentially a contract between to two competent adult individuals. However, the document does not apply if the principal dies or is incapacitated.

On the other hand, there is another type of legal document which could be used in the case of incapacitation. A durable power of attorney document is designed to allow the agent to have control over the principal's finances in the case that the principal is legally incompetent. For instance, if the principal suffers a stroke and is unable to make decisions regarding finances, the legal document would have language that gives the agent permission to make decisions in that circumstance.

It is important for an individual in Maryland or in any other state to make sure to properly draft a power of attorney or a durable power of attorney document. The language in the legal document has to be correct in order to ensure it is legally enforceable when it is needed. Having a strong grasp on the applicable laws and how to apply them will be critical in drafting an effective legal document.

Source: Michigan State University Extension, "Planning ahead: Power of attorney - part 1," Christy Rivette, June 15, 2013

No Comments

Leave a comment
Comment Information
  • Best Of The Best The Frederick News Post
  • Bar Association Of Frederick County, Maryland
  • NAELA National Academy Of Elder Law Attorneys, Inc.
  • Maryland State Bar Association Inc.
  • Washington County Bar Association , DC Bar
Form Submit Button

Schedule Your Free Consultation Today

For more information and a free consultation with a Maryland estate planning attorney, call us at 301-694-6262 or fill out the form below. We provide clients with the estate services they need.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

We have offices in Frederick and Hagerstown, Maryland, to serve you.

Evening, weekend and off-site appointments are available upon request. Free parking is available at our Frederick office.

Our office will follow the same closing & delays as Frederick County Public Schools for both offices due to inclement weather.

Frederick Office
141 W Patrick Street
Suite 300
Frederick, MD 21701

Phone: 301-694-6262
Fax: 301-668-8884
Map & Directions
Frederick Law Office Map

Hagerstown Office
Cornerstone Wealth Center
19833 Leitersburg Pike
Suite 1
Hagerstown, MD 21742

Toll Free: 866-220-5185
Phone: 301-293-0010
Map & Directions
Hagerstown Law Office Map

Contact This Office Contact This Office