Legal Question in Wills and Trusts in Maryland

If the principal is alive, generally such services are rendered gratis without compensation. The attorney-in-fact under a Power of Attorney (POA) only has authority while the Principal is living. If the person has died, the POA is no longer valid. However, if the attorney-in-fact happens to also be the Personal Representative (PR) and handles property after someone dies, Maryland has a statutory formula for Personal Representative compensation based on the value of the total estate. There is a higher percentage for the first $20,000 of property and a lower percentage of commission for the balance. For instance, a person appointed as PR handling $20,000 worth of the decedent's property would generally be entitled to $1,800 in compensation.

An attorney-in-fact cannot simply help themselves to compensation and indeed is prevented from directing the principal's funds to themselves in most cases unless the principal expressly authorized gifts to the attorney-in-fact. In unusual circumstances one might petition for guardianship and/or seek court relief.