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powers of attorney

Before one passes, they will likely find themselves incapacitated either physically or mentally or both. A Durable Power of Attorney (POA) is an essential part of your overall Estate Plan. This document allows you to appoint someone you trust to make financial decisions on your behalf in the event you are no longer able to. If you are incapacitated and do not have a POA, then your someone will have to initiate guardianship proceedings in probate court to be able to act on your behalf. In this process, a judge determines who should make these decisions for you and requires ongoing supervision of those decisions by the court. This process may be very time consuming, expensive, and often causes unnecessary conflict between your loved ones.

Health Care Power of Attorney/ Advanced Medical Directive

A Health Care Power of Attorney, often referred to as an “Advanced Medical Directive” gives your trusted loved ones the ability and power to make medical treatment decisions on your behalf if you are unable to make those decisions for yourself. Without an Advanced Directive, it is possible that a guardian will need to appointed by the court before any medical decisions can be made on your behalf.

A Health Care Power of Attorney and/or an Advanced Medical Directive leaves you with the power to choose your medical care options, including your wishes regarding what types of medical life support measures you prefer to have, or withheld/withdrawn if you are in a condition that will likely leave you without reasonable hope of significant recovery and you cannot express your wishes yourself. This ensures that your loved ones are able to advocate for your wishes when you are no longer able to communicate your end-of-life wishes yourself.

Frequently Asked Questions

Why is a Durable Power of Attorney crucial in Maryland for managing financial decisions during incapacitation?

A Durable Power of Attorney holds immense significance in Maryland as it provides a legal framework for designating a trusted individual to make financial decisions on your behalf in the event of physical or mental incapacitation. This legal document serves as a proactive measure to avoid the complexities associated with guardianship proceedings, where the court decides who should handle your financial affairs. The absence of a Durable Power of Attorney can lead to a time-consuming and costly process, potentially causing conflicts among your loved ones as they navigate the legal intricacies of probate court to secure decision-making authority.

What role does an Advanced Medical Directive play in ensuring your healthcare wishes are honored in Maryland?

An Advanced Medical Directive, commonly known as a Health Care Power of Attorney, plays a crucial role in Maryland’s estate planning by granting your trusted loved ones the authority to make medical treatment decisions on your behalf if you become incapacitated. This legal document ensures that your healthcare preferences are respected, including decisions about life support measures. Without an Advanced Medical Directive, the absence of clear guidance may necessitate the appointment of a court-approved guardian, potentially causing delays and complications in crucial medical decision-making.

What are the consequences of not having a Health Care Power of Attorney in Maryland?

The absence of a Health Care Power of Attorney in Maryland can have significant consequences, leading to the potential need for a court-appointed guardian before any medical decisions can be made on your behalf. This situation introduces delays in the decision-making process, increased financial expenses associated with legal proceedings, and the possibility of disagreements among family members regarding the appropriate course of action for your healthcare.

How does the absence of a Durable Power of Attorney lead to complications in managing financial affairs in Maryland?

The absence of a Durable Power of Attorney in Maryland complicates financial matters by necessitating the initiation of guardianship proceedings through probate court. This legal process involves determining who should manage your financial affairs during incapacitation. Without a designated individual through a Durable Power of Attorney, this scenario introduces complexities, prolongs decision-making, and may result in family disputes. It underscores the importance of having a designated agent to streamline financial management and mitigate potential conflicts, ensuring a more efficient and harmonious process during challenging times.

View Areas Served

Baltimore County:

Arbutus (21227), Catonsville (21228, 21250), Cockeysville (21030, 21031, 21065), Dundalk (21222), Edgemere (21219), Essex (21221), Garrison (21055), Lansdowne (21227), Lochearn (21207), Lutherville (21093), Middle River (21220), Milford Mill (21244), Overlea (21236), Owings Mills (21117), Parkville (21234), Park Heights (21215), Pikesville (21208), Randallstown (21133), Reisterstown (21136), Rosedale (21237), Timonium (21093), Towson (21204), White Marsh (21162), Woodlawn (21207), and more.

Baltimore City

Howard County:

Clarksville (21029), Columbia (21044), Cooksville (21723), Dorsey (21075), Elkridge (21075), Ellicott City (21043), Fulton (20759), Glenelg (21737), Glenwood (21738), Granite (21163), Hanover (21076), Highland (20777), Jessup (20794), Lisbon (21765), Marriottsville (21104), North Laurel (20723), West Friendship (21794), Woodbine (21797), Woodstock (21163), and more.

Carroll County:

Eldersburg (21784), Finksburg (21048), Hampstead (21074), Manchester (21102), Marriottsville (21104), Taneytown (21787), Union Bridge (21791), Westminster (21157, 21158), Mount Airy (21771), New Windsor (21776), Sykesville (21784), Woodbine (21797), Taneytown (21787), and more.

Harford County:

Aberdeen (21001), Abingdon (21009), Bel Air (21014, 21015), Darlington (21034), Edgewood (21040), Forest Hill (21050), Jarrettsville (21084), Joppa (21085), Pylesville (21132), Whiteford (21160), White Hall (21161)

Anne Arundel County:

Annapolis (21401, 21403, 21409), Arnold (21012), Crofton (21114), Crownsville (21032), Gambrills (21054), Glen Burnie (21060, 21061), Hanover (21076), Jessup (20794), Pasadena (21122), Severn (21144), Severna Park (21146).

And the rest of Maryland.

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