Can My Adult Child Be My Power of Attorney in Maryland?

 Posted on November 09, 2025 in Power of Attorney

A power of attorney is a vital tool in your estate plan. Many parents think about assigning one of their adult children this role because their child may already understand their daily needs, values, and preferences. However, this is an important decision that should be made with care. Choosing the right person can help prevent confusion and conflict later. A Rockville, MD estate planning lawyer can explain your options and help you create a clear and effective document that reflects your wishes.

What Does a Power of Attorney Do in Maryland?

A power of attorney gives another person the legal authority to act on your behalf. The authority can cover financial tasks, health care decisions, or both, depending on the type of document you sign. A statutory financial power of attorney allows an agent to pay bills, manage bank accounts, communicate with financial institutions, and handle property matters. A health care power of attorney allows someone to speak with medical providers and make health care decisions for you if you cannot.

A power of attorney is only effective during your lifetime. After death, your will or trust controls what happens with your estate.

Qualities To Consider When Choosing a Child To Be Your Power of Attorney

You want to choose someone who can handle responsibilities with care and respect. You can consider giving your power of attorney to your child if they:

• Demonstrate strong organizational skills and can keep track of paperwork and deadlines

• Communicate clearly and avoid escalating conflict with siblings and relatives

• Stay calm when making medical or financial decisions during stressful moments

• Understand and honor your preferences, even in difficult situations

• Agree to the role willingly and recognize the seriousness of the responsibility

What Are the Pros of Naming an Adult Child as Power of Attorney?

There are several benefits to naming an adult child. Many parents feel that their child knows their needs, values, and preferences better than anyone else. A child may already help with bills, appointments, or medical care, making the role a natural extension of what they already do. Naming a child may also prevent the need for court involvement.

Without a power of attorney, your family may need to pursue guardianship. This can be expensive and take a long time. A properly executed power of attorney, meaning one that adheres to Md. Code, Est. & Trusts § 17-110, helps avoid this outcome and allows your family to act quickly if something unexpected happens.

Potential Challenges When Naming a Child as Your POA

Even when relationships are strong, naming one child over others may create tension. Siblings may disagree about decisions, feel excluded, or question how authority is used. If a child has financial difficulties or trouble managing responsibilities, there may also be concerns about misuse of funds or pressure from others.

You can reduce these risks by discussing your plans openly with family members, writing down your wishes clearly, and naming a successor agent who can step in if needed.

Schedule a Free Consultation With a Silver Spring, MD Estate Planning Attorney Today

Selecting the right power of attorney can protect your independence, provide clarity, and reduce stress for your family. Working with an experienced attorney gives you access to legal guidance tailored to your situation and goals. Attorney Susan Eleff has over 35 years of experience in estate planning. She can help you understand your choices, prepare legally valid forms, and ensure your wishes are followed. Contact The Eleff Law Group at 301-857-1990 today to schedule your free consultation with a Rockville, MD estate planning lawyer.