Legal Question in Wills and Trusts in Maryland
My father is incompent at times, he is in the beginning stages of Dismentia, he doesn't have a will of any kind made up.My father hasn't left his home in almost 2yrs and can barely walk,eat,sleep etc: My brother said our father told him to get a notorized letter stating my brother would be his power of attorney, ( medical, health, banking, house /estate ) etc:. but yet when my other siblin and i ask my father if he allowed my brother to do this he said NO . If he was going to do that, he would add all of us. Father said, he should get a will from an attorney so it would be no hassel to us.Father said benerficary on the house is my mother, well My mother passed away 7yrs ago. My brother say's he has full power of attorney and it's notorized. Which would be Illegal, correct?
1 Answer from Attorneys
Powers of Attorney for financial and health care are separate documents. The laws are different and from a real world perspective the medical provider does not need the financial document and the bank does not need the health care document.
Both documents need to be signed by your father when he is lucid, in front of witnesses and the notary. If that did not occur the documents are not binding.
Also financial powers of attorney are very lengthy documents today because the big court case in MD says if the given power is not specifically stated in the document the named agent cannot undertake that action. IE if the document does not say the agent can write checks he cannot do so etc.
So if the documents your brother says he has is short, was not signed as stated above it very well may be invalid or if valid may not protect your father or your brother
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