Power of Attorney: Why Do I Need it?

Maryland law permits an individual to implement powers of attorney for health care or financial purposes. Specific requirements have been established for the content of a power of attorney, as well as for the procedure to follow in creating one. Compliance with Maryland statutory provisions is necessary to ensure the validity and legality of a power of attorney.

Determine what type of power of attorney you require: health care or financial. A health-care power of attorney designates a person to make medical treatment decisions if you are unable to do so yourself. A financial power of attorney assigns a person to deal with specific finance-related matters on your behalf (even if you possess the ability to do so on your own). Maryland law prohibits combining health care and financial powers in the same power of attorney.

Identify the limitations you desire on a particular power of attorney. Under Maryland law, a power of attorney can be general or limited in its scope and application. For example, decide whether you want a financial power of attorney that permits the appointed agent to deal with all or just particular financial matters on your behalf. Similarly, consider the types of decisions you desire to permit an agent in a health-care power of attorney to make on your behalf. More on this below.

When selecting a person for power of attorney, you need someone whom you trust. This person will be dealing with medical and/or financial affairs so it is best to choose someone who you trust implicitly. You do not want to choose someone who has self-serving interests.

Below is a short Q & A about your options:

So why is a Power of Attorney needed?

Just as important as planning for the time after your death, you should also plan for the possibility that you could become disabled or otherwise incapacitated and need help with financial and health care decisions. You should make these decisions while you are healthy and thinking clearly so you can make sure your wishes are carried out when the need arises. Giving someone you trust power of attorney over your affairs can allow for the trusted individual to represent your wishes if the need arises. Advance planning will also spare your family from having to make difficult decisions on your behalf — often on short notice and in a state of emotional distress. Plan ahead by determining and documenting your preferences through medical and financial powers of attorney or other directives, and by discussing your intentions with your loved ones.

What if I don't want to give away all my power to address my financial affairs?

This is fine. There are different types of power of attorneys: limited, general or durable. A limited power of attorney is usually for a specific purpose and for a short period of time, say after a person has surgery and is trying to recover. A general power of attorney is more broad and gives your agent broad powers to act on your behalf, in order to pay your bills or manage your affairs. A durable power of attorney is much like a general power of attorney, but it remains effective even after you become incapacitated. This is best in certain situations because no court hearing will be necessary and your agent can manage all your affairs.

What kinds of medical advanced directives are there?-

A living will indicates your specific desires about life-sustaining treatments. Your living will should go into as much detail as possible regarding your wishes in a variety of medical situations. For instance, do you want life-sustaining interventions such as cardiac resuscitation, mechanical respiration, tube feeding or antibiotics? Do you want pain relief only? Would you want artificial life support removed if you're found to be irreversibly brain dead? Do you want to donate your organs? Additionally, you may want to choose a living will if you have strong preferences for your end-of-life care but don't have anyone you trust to carry them out. For instance, even though you may prefer not to be kept alive by mechanical respiration, your spouse or child may have a hard time carrying through on your preference if you haven't documented it in a living will.

A health care power of attorney names someone that you trust to make health care decisions on your behalf if you're unable to speak for yourself, as well as an alternate agent if your primary agent isn't available. A health care power of attorney — also sometimes known as a health care proxy or an appointment of a health care agent — is more flexible than a living will, since it's impossible to predict every possible medical situation that may arise and your exact preferences for each situation

An advance directive essentially combines a living will and a health care power of attorney into one document. This document will indicate your health care preferences as well as an agent to make additional health care decisions for you and is often the strongest option if you have strong preferences regarding end-of-life care as well as someone you trust to make health care decisions for you.

If you would like a Power of Attorney done for medical and/or financial affairs, call The Law Office of Adina S. Katz today. We can help you review your options. Our number is 240-606-4591.

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