What is a durable power of attorney?
A durable power of attorney is a document that allows an individual to give another person or entity the legal authority to act on their behalf. This document is usually used to grant someone else the authority to act on behalf of an individual if they become incapacitated or unable to make their own decisions. In the state of Maryland, a durable power of attorney essentially allows an individual to transfer their decision-making rights to another person or entity. The person given power of attorney is known as the "attorney-in-fact" or the "agent." The attorney-in-fact will have the authority to make decisions on behalf of the individual, including handling legal issues such as managing finances and making property purchases or sales. The nature of the document allows it to remain in effect, even if the individual becomes incapacitated or unable to make their own decisions. The individual must be legally competent when signing the durable power of attorney document for it to be valid. In Maryland, the document must be signed in the presence of two witnesses and notarized in order to be valid. The document also has specific language that must be included when crafting the document. It is important to note that the power of attorney document can be revoked at any time by the individual giving power of attorney. Overall, a durable power of attorney is an important document in the state of Maryland. It allows an individual to appoint an attorney-in-fact or agent to make decisions on their behalf in the event of an incapacitation or inability to make legal decisions. It is important to have a durable power of attorney document should the individual become suddenly unable to make decisions themselves.
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