Power of Attorney

Because incapacity can happen without warning. A serious car accident, medical emergency, stroke, or unexpected surgery could leave you temporarily—or permanently—unable to handle your own affairs. If you haven’t appointed someone in advance, your family may be forced to file a guardianship petition in Maryland probate court just to gain the authority to pay your bills or make healthcare decisions. That process is public, slow, and expensive—and the person appointed may not be the one you would have chosen.

A Power of Attorney (POA) gives someone you trust the legal right to step in immediately if something happens. It ensures continuity in everything from mortgage payments to critical medical care decisions, without unnecessary red tape or court intervention. It’s a foundational document for every adult, regardless of age or health status.

A Financial Power of Attorney allows your agent to manage your finances. This includes handling bank transactions, paying bills, filing taxes, managing real estate, signing legal documents, and dealing with insurance companies or government agencies.

A Healthcare Power of Attorney—often combined with a living will as part of an advance medical directive—gives someone the authority to make medical decisions if you’re incapacitated. This includes decisions about treatments, procedures, long-term care, pain management, resuscitation, and organ donation. It also allows them to speak with your doctors and access your medical records under HIPAA.

At Eleff Law, we prepare both documents as part of a complete incapacity plan, ensuring they’re legally valid under Maryland law and tailored to your specific preferences.

Without a valid POA in place, your loved ones will not be able to access your accounts, manage your assets, or make medical decisions—no matter how close they are to you. Instead, they may need to go through adult guardianship proceedings in court, which involves:

• Filing a petition and notifying all interested parties
• Obtaining a physician’s certificate of incapacity
• Attending a court hearing
• Paying legal fees and court costs
• Accepting court oversight of your affairs going forward

This process can delay essential medical or financial decisions, create conflict among family members, and result in a court-appointed guardian who may not align with your wishes. Establishing a POA in advance allows you to stay in control—even when you no longer have the ability to speak for yourself.

Absolutely. Powers of Attorney are highly customizable. You can:

• Authorize only certain powers (e.g., real estate only, or no gift-making authority)
• Add expiration dates or conditional triggers (as with a springing POA)
• Require the agent to consult with others before acting
• Name multiple agents to act jointly, or in succession
• Restrict actions like changing beneficiaries or modifying insurance policies

We frequently work with clients who want to limit authority based on family dynamics, asset types, or comfort level. We walk you through each category of authority and help you make informed choices about what your agent can and cannot do.

While POAs are legally binding documents, institutions sometimes reject them if they’re outdated, vague, or improperly executed. Maryland law provides a statutory form that financial institutions are generally required to accept—but many organizations have their own review procedures. A poorly worded or generic POA may trigger a request for additional documentation or delay action.

At Eleff Law, we draft POAs to comply with Maryland Estates and Trusts Code and address the most common reasons banks or healthcare providers push back. We also advise clients on how to share and store these documents so your agent is prepared—and empowered—when needed.