Power of Attorney in Baltimore County, MD

Legal help with power of attorney for Baltimore County, Maryland residents from The Law Office of Thomas K. Mallon in Towson.

Service areas / Baltimore County / Power of Attorney

The Law Office of Thomas K. Mallon, LLC provides power of attorney assistance for people in Baltimore County. The information below explains the issues to discuss with an attorney and connects you with the firm’s original Maryland service guide.

Working with our Towson office from Baltimore County

Baltimore County is a Maryland jurisdiction served by the Towson office. The Law Office of Thomas K. Mallon, LLC serves this area from 1107 Kenilworth Drive, Suite 305, Towson, MD 21204. This is the firm’s Towson office, not a separate office in this community.

Maryland law applies throughout the service area. Where a matter must be filed depends on the type of proceeding and the facts, not simply on the location of the attorney’s office. Discuss residence, existing orders, and any pending case at your consultation.

Read the Baltimore County service-area guide for the original local context.

A power of attorney lets you name an agent to act for you in financial and legal matters. It is the document that determines whether, if you become unable to manage your affairs, your family can pay your bills and manage your property without going to court for a guardianship.

It covers money and property. Health care decisions are handled separately by an advance directive.

General and limited

A general power gives broad authority across business and personal matters, including bank accounts, real estate and contracts. A limited power grants only what the document specifies, which might be a single real estate closing or the management of one account.

Durability

An ordinary power of attorney ends if the principal becomes incapacitated, which is precisely when it is most needed. A durable power continues. In Maryland, a written power of attorney is presumed durable unless the document says otherwise, so the more common drafting error is failing to say what you actually want rather than forgetting the word “durable.”

What Maryland requires

For a power of attorney executed after 1 October 2010, the document must be:

In writing and signed by the principal
Notarized, with the notarization taking place in the principal’s presence
Signed by two adult witnesses, in the principal’s physical or electronic presence

Maryland’s General and Limited Power of Attorney Act created statutory forms. Using them carries a real practical advantage: a person or institution that refuses to honor a properly executed statutory form without reasonable cause can be exposed to attorney’s fees. Anyone who has tried to get a bank to accept a homemade power of attorney will understand why that matters.

Immediate or springing

Most powers take effect on signing. A springing power takes effect only on a specified event, usually a determination of incapacity. Springing powers sound appealing but create a practical problem: someone has to establish that the triggering event occurred, which takes time exactly when speed is needed. If you use one, the triggering condition needs to be defined precisely.

What the agent owes you

An agent is a fiduciary. They must act in your interest, keep records of transactions, and not self-deal. They may be reimbursed for reasonable expenses, and compensated only if the document says so. Choosing an agent is the most consequential decision in the document, more so than any drafting choice.

When it ends

A power of attorney terminates on your death, on revocation, when its purpose is accomplished, if the agent dies or becomes incapacitated with no named successor, and, for a non-durable power, on your incapacity. It is worth naming successor agents.

The alternative is guardianship

Without a valid power of attorney, a family facing a member’s incapacity generally has to petition for guardianship. That is a court proceeding, it is public, it costs considerably more, and it produces ongoing reporting obligations. A power of attorney signed while you have capacity avoids it.

Official resources

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.

Power of Attorney resources

Read the full Maryland power of attorney guide. Bring relevant agreements, court papers, financial records, and a list of questions that relate to your situation. If you have received papers with a deadline, tell the office when you contact us.

Other services in Baltimore County

Discuss your situation

or call (410) 847-9075. Advice about your particular matter requires a consultation. Reading this page does not create an attorney-client relationship.

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