Understanding Powers of Attorney in Maryland: Is It Ever Too Late to Create One?
In life, unforeseen circumstances can arise that may render us unable to make decisions
about our own affairs. Whether due to aging, illness, or unexpected accidents, there may
come a time when we need someone to act on our behalf. In Maryland, one way to prepare
for such situations is by creating a power of attorney (POA). But when is it too late to create
one? Let's explore this question and delve into the importance of POAs in Maryland.
What Is a Power of Attorney?
A power of attorney is a legal document that grants someone else the authority to act on
your behalf in various matters. The person creating the POA is known as the "principal,"
while the individual appointed to act on their behalf is referred to as the "agent" or
"attorney-in-fact." The scope of authority granted to the agent can vary depending on the
type of POA.
Types of Powers of Attorney
In Maryland, there are several types of power of attorney, each serving different purposes:
General Power of Attorney: This grants broad authority to the agent to handle
financial and legal matters on behalf of the principal. It remains valid until revoked
by the principal or upon their death.Limited Power of Attorney: This grants the agent specific powers for a limited time or
specific purpose, such as handling a real estate transaction in the principal's
absence.Durable Power of Attorney: Unlike a general power of attorney, a durable power of
attorney remains valid even if the principal becomes incapacitated.Medical Power of Attorney (Advance Directive): This authorizes an agent to make
medical decisions on behalf of the principal if they are unable to do so themselves.
In Maryland, this document is often part of an advance directive for healthcare.
Is There a Deadline for Creating a Power of Attorney?
One common misconception is that there is a specific deadline for creating a power of
attorney. However, the reality is that it's never too late to create a POA—until the principal
becomes incapacitated. Once a person is unable to make decisions or communicate their
wishes, it may be too late to execute a POA.
Importance of Timely Planning
While there may not be a deadline for creating a power of attorney, timely planning is
crucial. Waiting until a crisis occurs can limit options and increase stress for both the
principal and their loved ones. By creating a POA in advance, individuals can ensure that
their affairs are handled according to their wishes, even if they are unable to express them
later.
Addressing Concerns About Incapacity
Some individuals may hesitate to create a power of attorney due to concerns about losing
control over their affairs or being taken advantage of by their agent. However, Maryland law
includes safeguards to protect against abuse or misuse of power by agents. For example:
The principal can choose a trustworthy agent and clearly outline their powers and
limitations in the POA document.Maryland law requires agents to act in the best interests of the principal and
prohibits self-dealing or conflicts of interest.The principal can revoke or modify the POA at any time, as long as they are still
competent to do so.
Options for Incapacitated Individuals
If a person becomes incapacitated without a power of attorney in place, their loved ones
may need to seek alternative legal measures to manage their affairs. This could involve
petitioning the court for guardianship or conservatorship, which can be time-consuming,
expensive, and emotionally taxing.
Conclusion
In conclusion, there is no specific deadline for creating a power of attorney in Maryland,
but timely planning is essential. By creating a POA in advance, individuals can ensure that
their affairs are handled according to their wishes, even if they become incapacitated.
While it's never too late to create a POA, waiting until a crisis occurs can limit options and
increase stress. Therefore, it's advisable to consult with an attorney to create a power of
attorney that meets your specific needs and circumstances.
Remember, the best time to create a power of attorney is now—before it's too late. Take
proactive steps to protect yourself and your loved ones by planning for the unexpected.
At Atkinson Law, we listen to all our clients and protect their interests so they can receive
a positive legal outcome. We’ll work with you and give you the best possible
recommendation for your future. To learn more about estate planning and powers of
attorney, contact us today by calling or visiting our website.