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Maryland Durable (Financial) Power of Attorney Form

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Durable Power of Attorney in Maryland is a type of legal form that you can use to appoint a person to represent your financial and other affairs on your behalf when you are unavailable or otherwise unable to act for yourself. Because your agent, the person you choose to represent you, will have access to your accounts and finances, it is vitally important that you choose someone you trust for that role. The form is called “durable” because it remains in effect (or goes into effect) upon your incapacity. That means that if you become mentally or physically unable to make decisions for yourself, this form is still in force and your agent can still act on your behalf. This type of form is used a lot as part of an estate planning package.


How to Write

Step 1 – Review the form carefully to ensure that it is the form you need for your situation. Consult with an attorney if you have questions.

Step 2 – Once you have determined that this is the correct form, choose a person to be your agent. You may want to check with them to make sure that they are willing to step into the role. It is also important that the person you choose is both trustworthy and reliable. You may also want to have a successor agent in the event your primary agent isn’t able to perform his or her duties under the poa.

Step 3 – Before you fill it out and sign, you need to have two witnesses and a notary public lined up to witness your signature.

Step 4 – Fill out the document carefully and making sure that the document represents your intent.

Step 5 – Execute the document in front of the requisite witnesses and make copies of the executed document, giving a copy to your agent.

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