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Sixty Plus Program - Powers of Attorney

A Power of Attorney is a written statement authorizing another person to act on your behalf. If you are somehow unable to conduct your personal business, such as your banking, or make decisions for yourself, a power of attorney can be a very useful legal tool.

  • The power of attorney does not replace your personal power to handle your affairs, it adds someone else who ALSO can handle them.
  • A Durable Power of Attorney is one that says it is effective despite a disability that leaves you unable to conduct your personal business (or it may say that it becomes "effective upon disability").
  • You must be mentally competent to sign a power of attorney. If you are not, the power of attorney is NOT the solution to the problem. Basically, the test of whether you are competent to sign a power of attorney is:
    • Do you understand what the document is?
    • Do you know what property or business will be affected by the power of  attorney document?
    • Do you understand what will happen under this power of attorney?

  • You must be able (and willing) to intend to give a specific person the full power and authority to handle all your finances and property.
Source : Legal Aid Bureau & the Maryland Legal Assistance Network, updated by the Maryland State Law Library (MSLL).

Date last updated (no legal content): 3/26/08 (PLL/M.A.J.)

Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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