Power of attorney in Anne Arundel County, Maryland permits one person to make particular decisions for another, under particular conditions. There are various reasons why one might grant power of attorney. However, most of them revolve around the possible incapacitation of the person granting the power - so that their wishes can be carried out even if they become unable to express them.
Any power-of-attorney arrangement creates the possibility that the attorney-in-fact will abuse the power he or she has been granted, and it's simply not feasible to completely eliminate this possibility. It can be minimized, however, by giving the attorney the bare minimum amount of authority needed to carry out your wishes, and making your wishes known in writing (with copies held by at least one other person) well in advance. When granting power of attorney, you can typically grant as much authority as you want, so you need to be very careful, and only give this legal authority to somebody you know and trust. Also, you should consider your circumstances and objectives when determining what type of power to grant.
For example, if you have very specific wishes concerning end-of-life care, you should, of course, make them clear to the person who will be functioning on your behalf, and make sure they are prepared to carry them out. You should then grant them power of attorney, with the scope limited to particular healthcare and financial decisions. That way, if you become incapacitated, your loved one will be able to carry out your wishes, even if you are unable to express them.
In Anne Arundel County, Maryland, you can find pre-printed power-of-attorney forms in many office supply stores. If the agreement you want to create isn't very complex, these could be a viable and very affordable option. Of course, it never hurts to have a lawyer help.
Types of Power of Attorney Arrangements in Anne Arundel County, Maryland
In Anne Arundel County, Maryland, power of attorney can take three main forms. They are as follows:
1. Limited power of attorney - this authorizes the attorney-in-fact to act on your behalf on a single subject, in one instance. This is a good option if you are involved in a business transaction occurring in another state or country. Suppose you want to buy a house on the other side of the country, and just need to sign a few papers to finish the deal. Rather than incurring the expense of traveling there, you could give limited power of attorney to a third party who lives in that state, and they can sign the paperwork for you, finishing the deal. The power you've granted them would expire automatically once the deal is done.
2. Durable power of attorney - unlike limited power of attorney, this does not automatically expire, and can last as long as the principal wishes. It can also be revoked by the principal. For example, if you want someone to handle your financial affairs for a time, you can give them the relevant authority in your power of attorney agreement, and it will last as long as you want it to. Of course, you should only give such power to someone you trust.
3. Springing power of attorney - this is a form of power of attorney which doesn't really take effect until the occurrence of some mentioned event. This event can be anything, but it is often the principal becoming disabled. You should be aware, though, that it is not always clear what "disabled" means in such an agreement, which can result in disagreements, resulting in litigation.
Can a Anne Arundel County, Maryland Lawyer Help?
Because there are sometimes convoluted issues involved in setting up power of attorney in Anne Arundel County, Maryland, you should consult with a lawyer beforehand. You can tell the lawyer all of the relevant details about your individual situation, and your goals, and he or she will be able to advise you on the best course of action.