Legal Question in Wills and Trusts in Maryland

does power of attorney ( med. & monentary) over ride a will?

Asked on 9/28/10, 11:32 am

4 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends, but probably not as long as the will was validly executed.

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Answered on 10/03/10, 12:48 pm
Paula McGill Attorney at Law

If the person is dead, the power of attorney is no longer valid. Upon the person's death, the executor has to comply with the terms of the will and the procedures set out by state law.

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Answered on 10/03/10, 2:44 pm
Cedulie Laumann Arden Law Firm, LLC

In case the somewhat different posts above are confusing, Ms. McGill's statement is correct - once someone dies the power of attorney has zero effect and the will controls. (Conversely when someone is alive the will has zero effect and any valid power of attorney controls).

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Answered on 10/04/10, 5:11 am
Richard Abraham Abraham & Bauer, LLC

.The laws that control both financial and medical powers of attorney state that the documents cease to operate at the Grantor's death. The Grantor is the person who signs the document.

From a real world perspective the Grantor died so there is no longer any matter requiring the agent to make a medical decision. However, concerning the financial power the agent(s) must have actual knowledge of the death. Once that occurs the agent under the financial POA is to cease and the executor under the Last Will & Testament takes over. If you need further help, my contact information appears below

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Answered on 10/04/10, 5:39 am

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