Legal Question in Family Law in Maryland

Re: Power of Attorney

A power of attorney may confer the authority to act for the "grantor" to more than one person, with the authority granted to the second person in the event that the first is unable to act. Your father will need to execute a new document to do this. While he is doing that, if it hasn't been done already, you should suggest that he also execute a living will, again naming an alternate, to make health care decisions if and when he becomes unable to make those decisions himself. Any Maryland attorney should know the necessary provisions to put into these documents to conform to Maryland law and to protect your father. Since he is in beginning stages of Alzheimers, this should be done immediately, andat a time when he clearly knows what he is doing.

Re: Power of Attorney

If your father still retains sufficient mental faculties to understand what he is doing, you should immediately have him sign a new POA, expressly revoking all previously executed ones. You might also have your mother execute one to you if you think she may soon suffer the same fate. You should make sure these documents contain legally sufficient language to qualify as durable powers of attorney, so that they will be valid even if your father or mother becomes mentally impaired.