Maryland Power Of Attorney Explained

By Kaitlyn P. Tauber, Esq., Liberty Legacy Law Group

If something happened to you tomorrow, who could legally handle your finances?
Pay your bills, manage your business, access your bank account, or sell property on your behalf?

If you don’t have a Power of Attorney, the answer might be no one.

And that can create financial chaos for you and your loved ones.

Let’s break down what a Power of Attorney (POA) really is, how it works in Maryland, and why every adult — yes, even young and healthy ones — needs one.

What Is a Power of Attorney?

A Power of Attorney is a legal document that gives someone you trust (called your agent or attorney-in-fact) the authority to act on your behalf.

This can include managing your money, property, business, or legal affairs.

Think of it as an insurance policy for your finances — one that only costs a little time to set up but can save a world of stress later.

Types of Powers of Attorney in Maryland

Maryland recognizes several kinds of POAs, each serving a specific purpose:

1. General (or Financial) Power of Attorney – Gives your agent broad authority to handle nearly all financial matters on your behalf.
2. Limited (or Special) Power of Attorney – Restricts your agent’s authority to specific actions, such as selling a house or signing documents while you’re away.
3. Durable Power of Attorney – Remains valid even if you become incapacitated. This is crucial for long-term protection.
4. Springing Power of Attorney – Only takes effect under certain conditions, such as if you’re medically declared incapacitated.

The most important distinction? Whether it’s durable.
Without that durability, your POA may expire at the moment you need it most.

Why It’s So Important in Maryland

In Maryland, if you become incapacitated without a valid Power of Attorney, your loved ones can’t automatically take over your finances — not even your spouse or adult children.

Instead, they may have to go through a court guardianship process to gain authority to help you.

That means:

• Filing petitions and medical reports
• Waiting for court hearings
• Paying legal fees
• Living under court supervision

It’s stressful, expensive, and public — all things you’d rather avoid during a medical crisis.

A properly drafted Power of Attorney helps your family skip all that.

Common Mistakes to Avoid

Even small mistakes in your Power of Attorney can cause big headaches. Common issues include:

• Using outdated online forms that don’t meet Maryland’s legal requirements
• Failing to initial each power as required by the Maryland statutory form
• Not naming a backup agent
• Forgetting to update the document after major life changes

Worse yet, banks sometimes reject DIY forms that don’t match Maryland’s current statute — leaving your loved ones powerless in an emergency.

Who Should You Choose as Your Agent?

This decision is one of the most important parts of your plan.

Choose someone who:

• Is trustworthy and financially responsible
• Understands your values and preferences
• Can handle stress and make practical decisions

For many, that’s a spouse, adult child, or close friend. But you can also name a professional fiduciary or co-agents if you prefer shared decision-making.

How Liberty Legacy Law Group Helps

At Liberty Legacy Law Group, we make the Power of Attorney process simple and secure.

When you work with us, we:

• Review your full financial picture and goals
• Draft a Power of Attorney that meets Maryland’s legal standards
• Customize your powers and agent roles
• Coordinate your POA with your will, trust, or business documents

We don’t just fill out forms — we make sure you’re covered where it really counts.

Final Thoughts

A Power of Attorney isn’t just for the elderly or wealthy. It’s for anyone who wants to protect their family from financial chaos.

You can’t predict the future — but you can plan for it.

With a strong Maryland Power of Attorney, you’re not just protecting your money. You’re protecting your peace of mind.

At Liberty Legacy Law Group, we help Maryland families prepare for the unexpected, one plan at a time.

Because your financial security deserves clarity, not court orders. Reach out to us today for a consultation.