Nobody plans to become incapacitated. But if it happens and you don’t have a power of attorney in place, the people you love will face a costly, stressful court process just to help you. At Atkinson Law, we make sure that never happens to your family.

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Without This Document, a Judge Decides Who Helps You — Not You

A power of attorney (POA) is a legal document that authorizes someone you trust — called your agent or attorney-in-fact — to make financial or medical decisions on your behalf if you’re ever unable to make them yourself. It doesn’t take away your own authority to act. It simply ensures someone you’ve chosen is legally empowered to step in when you need them.

Without a valid POA, your family faces a different path entirely: a court-supervised guardianship or conservatorship proceeding. That process can take months, cost thousands of dollars in legal fees, and create family conflict — all while your affairs sit in limbo and your bills go unpaid.

A power of attorney is one of the simplest, most protective documents in your estate plan. And yet it’s one of the most commonly skipped. At Atkinson Law, we make sure it’s done correctly — with two attorneys reviewing every document to ensure it holds up under real-world pressure.

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Our Approach to Power of Attorney Planning

A power of attorney isn’t just a form — it’s a cornerstone of your estate plan. Here’s how our three-pillar framework guides the way we draft and review these documents:

One Size Does Not Fit All — Here’s What Each Type Does

Powers of attorney are not interchangeable. The right document depends on what authority you’re granting, for how long, and under what circumstances. Here’s what we prepare for Maryland clients:

Financial Power of Attorney — Someone You Trust, Managing What You’ve Built

A financial POA authorizes your agent to handle financial matters on your behalf — including banking transactions, managing investments, paying bills, handling real estate, filing taxes, and conducting business affairs. This is one of the most important safeguards you can put in place, particularly as you age or if you face a serious health situation.

Important: a financial POA ends at the time of your death. It does not give your agent authority to distribute your estate — that role belongs to the executor named in your will. These two documents work together, which is exactly why we review them as part of a coordinated plan.

Healthcare Power of Attorney — Who Makes the Call When You Can’t

A healthcare POA authorizes your agent to make medical decisions on your behalf if you become too ill or incapacitated to communicate your wishes. In Maryland, a healthcare POA is typically combined with a living will to form a single document called an Advance Directive — and completing it requires a specific Maryland Advance Directive Form.

Without this document, medical providers may be unable to accept direction from your family members, regardless of how close they are to you. Your spouse has no automatic legal authority to make your medical decisions without it.

Durable Power of Attorney — The Version Most Clients Need

In Maryland, a written POA is assumed to be durable unless it explicitly states otherwise. Durable means the document remains in effect even after you become incapacitated — which is precisely when you need it most. A non-durable POA, by contrast, terminates the moment you lose capacity. We make sure the document you sign is the one that actually protects you when it matters.

General Power of Attorney — Broad Authority for Complex Situations

A general POA grants your agent authority to act across a wide range of financial and personal matters. It’s a powerful instrument — which means the scope must be carefully defined and the person you choose must be someone you trust completely with your affairs.

Limited or Special Power of Attorney — Authority With Defined Boundaries

A limited POA grants authority only for a specific transaction or defined period of time — for example, authorizing someone to close on a real estate transaction while you’re traveling, or to handle a single financial account during a medical procedure. When the specific purpose is fulfilled or the time period expires, the authority ends.

Maryland Has Specific Requirements. Meet Them or Risk Having Your POA Rejected.

A POA that doesn’t meet Maryland’s legal standards isn’t just imperfect — it’s invalid. Banks and healthcare providers can and do reject POAs that fail to satisfy the requirements. Here’s what Maryland law requires:

• The principal must be of sound mind. Maryland courts assess mental capacity at the time of signing. A POA executed after incapacity has already set in is not valid — which is why this document must be created before you need it, not during a crisis.

• Two disinterested witnesses must be present. The two individuals who witness your signature cannot be named as agents in the document. This requirement exists to prevent undue influence and is strictly enforced.

• It must be signed before a notary public. Notarization is required for a Maryland POA to be valid and accepted by financial institutions.

• Written POAs in Maryland are presumed durable. Unless your document expressly states that it terminates upon incapacity, Maryland law assumes it remains in effect. This default protects most clients — but it’s worth understanding what your document actually says.

When a Maryland POA Terminates

Knowing when a POA ends is just as important as knowing when it begins. In Maryland, a POA generally terminates in the following circumstances:

• At the death of the principal — a POA cannot be used to manage an estate after death

• When the principal revokes it — which can be done at any time while the principal has capacity

• When no agent is available and no successor agent was named

• When a court declares the document invalid due to fraud, undue influence, or mental incompetence

• When a spouse was named as agent and either spouse files for divorce — the spouse’s authority terminates automatically, though the POA itself remains intact if a successor agent was named

That last point catches many clients off guard. If you named your spouse as your agent and your marriage ends, your POA doesn’t automatically fail — but your ex-spouse’s authority does. If no successor agent was named, you may be left without a valid agent at all. We help you build in that protection from the start.

Got a POA Already? Here’s When It’s Time to Update It.

A power of attorney isn’t a set-it-and-forget-it document. Life changes, and your documents need to keep up. You should review your POA if any of the following apply:

• You’ve gotten married or divorced

• Your named agent has passed away, become incapacitated, or is no longer someone you trust

• You’ve had children or your family structure has changed significantly

• You’ve moved to Maryland from another state — POA requirements vary, and an out-of-state document may not be accepted here

• You’ve acquired significant new assets or your financial situation has changed substantially

• Your document is more than five years old and has never been reviewed

• You’re beginning to plan for long-term care or Medicaid

A Document That Gets Rejected Is the Same as No Document at All

We Draft for Real-World Acceptance, Not Just Technical Compliance

The most common reason a POA fails in practice isn’t that it’s fraudulent — it’s that it’s ambiguous. Banks and healthcare providers regularly reject POAs that don’t clearly define the scope of authority or that fail to satisfy institutional standards. We draft with precision specifically to prevent this.

Two Attorneys Review Every Document Before It’s Signed

At Atkinson Law, two attorneys collaborate on every POA we prepare — evaluating the scope of authority, confirming Maryland compliance, and reviewing how it interacts with your will, trust, and other estate planning documents. That coordination is the difference between a plan that holds together and one that creates conflict.

We Explain Every Authority You’re Granting

Signing a POA is a significant decision. We walk you through every power you’re granting your agent — in plain English, not legal jargon — so you understand exactly what you’re authorizing before you sign anything. Our clients leave with confidence, not uncertainty.

Your POA Is Part of a Complete Estate Plan

A standalone POA is better than nothing. But a POA that’s coordinated with your will, your healthcare directive, your deed, and your beneficiary designations is a plan. That’s what we build at Atkinson Law — a complete, coherent strategy with two attorneys making sure every piece fits.

Serving Maryland Families Since 2009

With offices in White Marsh (Nottingham) and Bel Air and more than 30 years of combined legal experience, we serve clients throughout Baltimore County, Harford County, and surrounding Maryland communities.

The Best Time to Do This Is Before You Need It. The Second Best Time Is Now.

A power of attorney is one of the most straightforward protections in your estate plan — and one of the most consequential to skip. Atkinson Law helps Maryland families put the right people in the right roles, with documents drafted to hold up when it matters most. Two attorneys. One coordinated plan. Built to protect you and the people who depend on you.

Protect. Preserve. Rebuild.

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