Below are several frequently asked questions about Power of Attorney documents.
While the agent is usually called the attorney-in-fact, you can appoint any competent person above the age of 18. It is important to consider what exactly you will be relying on your agent to do and if the person named is both willing and capable of filling the role.
A document containing certain information needs to be signed in front of two witnesses and a notary public. A valid power of attorney states yourself as the principal, identifies the agent you name as well as an alternate, and lists the particular authorities with which you are entrusting them.
No, to create a valid power of attorney a person must be over the age of 18 and mentally competent at the time of signing. This is why it is so important to start planning sooner rather than later.
So long as a person is still mentally competent they can revoke any power of attorney document they have signed. It is your right to revoke any authority you provide a person through a power of attorney anytime. You should have an attorney draft a revocation form and distribute copies to all institutions and agencies that would have dealt with the original such as a bank or hospital. It is also important to ensure your agent is formally given a copy.
Mr. Abraham is an experienced attorney and founding member of the Law Firm of Abraham & Bauer. The Towson, MD office of the firm concentrates its practice in Estate Planning, Elder Law, Probate, Medical Assistance (Medicaid), Guardianship, Asset Preservation and Fiduciary Representation.
He is an active member in a number of professional organizations that focus on law, the senior community, and estate planning. He works with clients in Central Maryland, especially in Towson, Hunt Valley, Lutherville/Timonium, Parkville, White Marsh, Bel Air & Northern Baltimore City.
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