Legal Question in Elder Law in Maryland

what''s the difference between a general power of attorney and a durable power of attorney

Asked on 12/04/09, 9:19 am

1 Answer from Attorneys

Richard Abraham Abraham & Bauer, LLC

Under the prior law, if a Power of Attorney (POA) did not include language that the authority granted in the document survived the Grantor's disability, becoming disabled would invalidate the document. Today in Maryland, all POAs survive the Grantor's disability whether the document includes that language or not. So they are all durable. Most planning attorneys still include the durability language though and the documents are very lengthy to cover all the bases.

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Answered on 12/09/09, 9:42 am

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