Power of Attorney in Maryland

A power of attorney is one of the most important documents in any estate plan. It allows you to designate a trusted person — your agent — to act on your behalf for financial, legal, or healthcare matters if you become unable to manage them yourself. Without a power of attorney, your family may be forced to petition the court for guardianship or conservatorship, a process that is expensive, time-consuming, and stressful.

At SoMD Estate Planning, attorney Kathryn Batey helps Maryland families create powers of attorney that provide clear authority and protect against uncertainty. Our flat-fee pricing and tech-forward approach make the process simple and affordable.

Types of Power of Attorney in Maryland

Maryland law recognizes several types of power of attorney, each serving a different purpose:

General Power of Attorney — Grants your agent broad authority to manage your financial and legal affairs, including banking, real estate transactions, and business operations. A general POA typically ends if you become incapacitated.

Limited or Special Power of Attorney — Grants your agent authority to act on your behalf for a specific purpose or a specific period. For example, you might grant a limited POA to allow someone to sell your property while you are out of the country.

Durable Power of Attorney — This is the most important type for estate planning purposes. A durable POA remains effective even if you become mentally incapacitated. Without the “durable” designation, a power of attorney automatically terminates when you lose capacity — the exact moment you need it most.

Springing Power of Attorney — Takes effect only when a specific event occurs, typically your incapacity as certified by one or more physicians. While this provides an added layer of control, it can create delays when the agent needs to act quickly.

Financial Power of Attorney vs. Healthcare Power of Attorney

It is important to understand the difference between a financial power of attorney and a healthcare power of attorney, as they serve very different purposes.

A financial power of attorney authorizes your agent to manage your financial and legal affairs — paying bills, managing investments, handling real estate, filing taxes, and dealing with insurance matters. This is the document most people think of when they hear “power of attorney.”

A healthcare power of attorney authorizes your agent to make medical decisions on your behalf if you become unable to make them yourself. In Maryland, the healthcare power of attorney is typically included as part of an advanced medical directive, which also includes your living will documenting your healthcare preferences.

Most comprehensive estate plans include both a financial power of attorney and a healthcare power of attorney (within an advance directive) to ensure that all aspects of your life are covered in the event of incapacity.

Why You Need a Durable Power of Attorney

Without a durable power of attorney, your family has no legal authority to manage your finances if you become incapacitated due to illness, injury, or cognitive decline. They cannot access your bank accounts, pay your mortgage, manage your investments, or handle your insurance claims.

The only alternative is to petition the court for guardianship or conservatorship — a legal proceeding that can take months, cost thousands of dollars in legal fees, and subject your family to the scrutiny and oversight of the court. Even after guardianship is granted, the court may require ongoing reporting and approval for financial decisions.

A durable power of attorney avoids all of this. It allows your chosen agent to step in immediately when needed, without court involvement, and manage your affairs according to your wishes.

Our Process

SoMD Estate Planning takes a straightforward, tech-forward approach to creating powers of attorney for Maryland families:

Consultation — Meet with Kathryn Batey in person at our White Plains or Oxon Hill office, or via secure video conference. We discuss your needs, explain your options, and help you choose the right type of power of attorney for your situation.

Drafting — We prepare your power of attorney document using modern, digital tools to ensure accuracy and efficiency.

Review — You review the document and we make any necessary revisions until it reflects your wishes exactly.

Execution — We guide you through the proper execution of the document, including any required witnessing and notarization under Maryland law.

Our flat-fee pricing means you know the cost upfront with no hidden charges. Virtual consultations are available for clients throughout Southern Maryland.

Serving Southern Maryland

SoMD Estate Planning serves families throughout all four Southern Maryland counties: Charles County, Prince George’s County, Calvert County, and St. Mary’s County.

Frequently Asked Questions

What is the difference between a power of attorney and a will?

A power of attorney is effective during your lifetime and authorizes someone to act on your behalf while you are alive but unable to manage your own affairs. A will takes effect only after your death and directs how your assets are distributed. Both are essential components of a complete estate plan.

Does a power of attorney expire in Maryland?

A durable power of attorney does not expire and remains in effect until you revoke it or you pass away. A general (non-durable) power of attorney terminates if you become incapacitated. A limited power of attorney may expire on a specific date or when the designated task is completed.

Can a power of attorney be revoked?

Yes. As long as you have mental capacity, you can revoke a power of attorney at any time by providing written notice to your agent and any institutions relying on the document. It is important to formally revoke an old POA when creating a new one.

Do I need a lawyer for a power of attorney in Maryland?

While Maryland law does not strictly require an attorney, working with an experienced estate planning lawyer ensures your power of attorney is properly drafted, legally enforceable, and coordinated with your other estate planning documents. Improperly drafted powers of attorney can be rejected by banks and other institutions, leaving your family without recourse.

Related Estate Planning Services

A power of attorney is one component of a comprehensive estate plan. Learn more about our other services:

Simple Wills — Protect your family and direct the distribution of your assets.

Living Trusts — Avoid probate and maintain control over your legacy.

Advanced Medical Directives — Document your healthcare wishes and appoint a healthcare agent.

Contact Us Today

Call SoMD Estate Planning at (301) 818-0389 to schedule your contact us with attorney Kathryn Batey. Whether you need a durable power of attorney, a will, or a complete estate plan, we are here to help.