Legal Question in Wills and Trusts in Maryland

Re: I do not want power of attorney

The type of power of attorney (POA) affects the outcome

as well as the specific wording, the circumstances under which it

was granted and accepted, whether substitutes were identified, whether

other POA's were granted and the type of POA's that they are, and other factors.

A judicial determination may be needed where these matters are not clearly evident from the facts

and wording of the related documents.

This question cannot be answered without developing these matters and without

reviewing the specific instrument at issue.

I am available at a reasonable fee to assist you. Feel free to contact me

at (410) 799-9002.

G. Joseph Holthaus III

DISCLAIMER: This communication does not constitute legal advice but rather information about the

law under a general area of inquiry. Generalized internet correspondence is not a substitute for the service

of an attorney who is knowledgeable of specific facts applicable to the legal matter.

Re: I do not want power of attorney

The Power of Attorney under MD law needs to be reviewed to see what type of Power of Attorney it is (Durable Power of Attorney, Special Power of Attorney, etc.) and if there is the possibility of multiple holders of the power of attorney authority. The facts and circumstances, as well as the intended scope of the exercisable power of attorney authority, need to be developed more fully. There are issues under MD law that need to be carefully considered and dealt with, including possibly the need for court approval of any change in the holder of the power of attorney because of your father's mental incapacitation. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 1-14-2002, 8:20 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.