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Trust and Estates Attorneys

Role of a Maryland Power of Attorney Lawyer

The terms and the scope of the grant of power of authority in Maryland can sometimes be broad. A power of attorney lawyer in Maryland has many roles in when working with a client and many aspects they can help with.

A lawyer who is drafting powers of attorney will often speak with their clients regarding a more comprehensive estate plan. The attorney may assist an individual with understanding the scope and the breadth and creating the language in a power of attorney, and they may also help them determine who would be a good fit to serve as an attorney-in-fact. For example, it is not uncommon for a power of attorney lawyer to counsel clients by discussing their family members and friends to see who may be a good fit for them.

Declined Power of Attorney

In many cases, a power of attorney will name a successor attorney-in-fact. If someone declines the power of attorney they are granted, there are other options like the successor. Often, the resignation of the first nominated attorney-in-fact does not require an action by a power of attorney lawyer in Maryland. However, in the event that there are no longer any alternate attorneys-in-fact named who are willing and able to serve, a Maryland lawyer may be helpful in either revising the original power of attorney to add new individuals who can serve, or assisting loved ones with petitioning the State of Maryland for a guardianship proceeding.

Protecting a Client

The powers of attorney that are affected immediately for clients can sometimes be a cause of concern for clients. Because these documents can bestow broad powers that could be used at any time and may not require an individual’s incapacity, individuals may be hesitant to distribute those documents. But they want to make sure that the document is available to their attorney-in-fact in an emergency situation.

A power of attorney lawyer will counsel clients on where to store these documents, and will often recommend keeping them at their offices. A lawyer’s role is to help clients protect themselves by ensuring that they know where their documents are and who has access to them.

Benefit of an Attorney

Often, individuals do not understand the scope or the breadth of the powers that are assigned when completing a power of attorney document. There can also be confusion about when the document is effective.

The role of a lawyer is to guide clients through the creation of a document, the selection of a good candidate to act as attorney-in-fact, and help them choose the provisions that they would like to include in their power of attorney document.

Many times individuals create a power of attorney document for a specific transaction, not realizing that the terms of the document expand well beyond that specific transaction. They may think they are creating a power of attorney for something very simple like letting someone assist them with a bank account, but that might give that attorney-in-fact much broader powers than anticipated, and sometimes can allow them to act in a way that may not be consistent with the individual’s wishes. It is important to work with a power of attorney lawyer in Maryland who can help to explain someone’s accounts.