Durable Power of Attorney

4:11 pm Medicaid

Maryland’s new General and Limited Power of Attorney Act changed the law of Maryland relating to powers of attorney effective October 1, 2010. Up to that point, there was a presumption that any power of attorney executed in Maryland was durable unless it stated otherwise.

A durable power of attorney is a power of attorney that grants authority to an agent and such agent’s authority continues even when the principal becomes incapacitated and unable to manage her affairs. If a power of attorney is not durable, the agent’s authority ceases upon the disability of the principal.

Unfortunately, the new power of attorney law eliminated the presumption of durability for those certain specialized types of powers of attorney that were not governed by the new law. However, many believe that the legislature did not intend to eliminate the presumption of durability for such specialized powers of attorney.

Maryland House Bill 247 is the legislature’s attempt to fix this problem. Hence, if House Bill 247 is passed by the Maryland Legislature and signed by the Governor, then there once again will be a presumption of durability for all powers of attorney executed in Maryland unless the document itself provides otherwise.

You may read House Bill 247, which provides other amendments to the new power of attorney law as well, by clicking HERE.