What Is a Durable Power of Attorney in Maryland?

Although it may be difficult to think about, there may be a time when you cannot act on your own behalf, and instead, you may need a trusted loved one to act for you. This can be due to incapacitation, leaving the state or country for an extended period, or otherwise. But regardless, for this reason, you must consider creating a power of attorney. Continue reading to learn the benefits of a durable power of attorney and how one of our experienced attorneys at our Montgomery County power of attorney law firm, JDKaztz, PC, can work on your behalf in executing one.

What is a power of attorney?

Put simply, a power of attorney is a legal document that will allow you, also known as a principal, to allow a trusted individual, also known as an agent, to act on your behalf. That is, it is a written authorization for your agent to act on your behalf in a variety of matters, such as in health, financial, legal, business, or otherwise private affairs.

What is a durable power of attorney?

There are different types of powers of attorney that are recognized by the state of Maryland, with one of them being a durable power of attorney. This option will allow your agent to make decisions for you if you become incapacitated. More specifically, you will grant them access to making your health care decisions based on the wishes you stated in the document. For example, your agent can give the final say on whether life-sustaining procedures should be provided or withheld.

What is considered an enforceable durable power of attorney?

A durable power of attorney is only enforceable if it aligns with certain terms and conditions. They read as follows:

  • This is a voluntary delegation of authority by you, the principal, to the agent.
  • This is dated and in writing.
  • This is signed by you or at your express direction.
  • This is supported by two present witnesses.
  • This is effective when a physician certifies in writing that you are incapable of making an informed decision within two hours of its certification.
  • This is communicated to a physician who will make it part of your medical records.

On the other hand, a durable power of attorney is revocable if any of the following occur:

  • A revocation is signed and dated in writing.
  • A revocation is given as an oral statement to a physician.
  • A subsequent directive has been executed.

If you would like to get started on enforcing your durable power of attorney, we recommend that you retain the services of a skilled Montgomery County elder law attorney as immediately as possible.

Contact our experienced Maryland firm

Our firm has experience with matters of estates & elder law, business law, tax law, and litigation. Contact JD Katz, PC today for assistance.