When you complete your estate planning, you need to understand the rules governing the documents that you create. Maryland power of attorney guidelines cover how a power of attorney can be executed, who can create a power of attorney and more. What should you know about a Maryland power of attorney?
What Is Power of Attorney?
A power of attorney document grants another person the legal authority to act on your behalf. A power of attorney is essential if you are incapacitated and unable to make medical or financial decisions on your own behalf. A general power of attorney gives someone the power and authority to act on your behalf in personal or professional matters. A limited power of attorney grants someone specific abilities, such as overseeing finances or sale of real estate.
Who Can Make a Power of Attorney Document?
In line with Maryland power of attorney rules, in order to create a power of attorney you must be:
- 18 years or older
- Intend to grant the power to the person designated in the document
- Be mentally competent (able to understand the document, the powers you are granting and what impact that can have)
How Can a Power of Attorney Be Executed?
In order to execute a power of attorney based on Maryland power of attorney rules, the document must be:
- In writing;
- Signed by the person the document governs or another person in their presence and at their express direction;
- Acknowledged by the person the document governs in the presence of a notary public and
- Signed by at least two adult witnesses in front of each other and the person the document governs (one of which can be a notary public)
Some power of attorney documents can be used immediately, while others can be used only after a precipitating event. Working with a lawyer is essential to make sure that the document is precisely worded so there is not any doubt as to whether or not the power of attorney should go into effect. You can also specify a third party who can denote when the specified event has occurred. For example, if the power of attorney can be used if you are “sick or hurt,” a doctor, judge or specified third party can make that determination.
Contact Mobley & Brown, LLP for Assistance with a Maryland Power of Attorney
If you are searching for a criminal defense or disorderly conduct defense attorney in Maryland and unsure where to turn, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.