When most people think about estate planning, they often focus on wills, trusts, and what happens after they pass away. But one of the most important — and often overlooked — parts of a comprehensive estate plan is the Power of Attorney (POA). A Power of Attorney ensures that someone you trust can make critical decisions on your behalf if you ever become unable to do so yourself.
What Is a Power of Attorney?
A Power of Attorney is a legal document that gives another person — known as your agent or attorney-in-fact — the authority to act on your behalf. The scope of that authority depends on the type of POA you create.
In Maryland, there are two main types of Power of Attorney used in estate planning:
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Financial Power of Attorney: Allows your agent to handle financial matters such as paying bills, managing bank accounts, filing taxes, and making investment decisions.
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Medical Power of Attorney (Health Care Proxy): Authorizes your agent to make medical and health care decisions if you’re unable to communicate or make them yourself.
Both documents are essential in protecting your interests and ensuring your wishes are followed — even during unexpected circumstances.
Why a Power of Attorney Is Essential to Your Estate Plan
A Power of Attorney plays a crucial role in maintaining control over your life and finances when you can’t act on your own. Without one, your family may have to go through a costly and time-consuming court guardianship process just to manage your affairs.
Here’s how a Power of Attorney supports your overall estate plan:
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Prevents Court Intervention
If you become incapacitated without a POA, your loved ones must petition the court to appoint a guardian or conservator. Having a valid POA in place ensures your chosen representative can step in immediately — no court involvement required. -
Protects Your Financial Stability
Your agent can pay bills, manage investments, and handle insurance matters, preventing missed payments or financial hardship while you recover. -
Ensures Medical Decisions Reflect Your Wishes
Through a Medical Power of Attorney, you can designate someone you trust to make health care choices that align with your values and preferences. -
Provides Peace of Mind
Knowing your affairs will be handled by someone you trust gives you and your loved ones confidence and security — an essential goal of any estate plan.
Choosing the Right Agent
Selecting the right person as your agent is one of the most important decisions you’ll make in your estate plan. Choose someone who is:
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Trustworthy and financially responsible
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Familiar with your values and wishes
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Able to communicate effectively with family members and professionals
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Willing to take on the responsibility
You can also name alternate agents in case your first choice is unable or unwilling to serve.
Keep Your Power of Attorney Up to Date
Just like your will or other estate planning documents, your Power of Attorney should be reviewed and updated regularly, especially after major life changes such as marriage, divorce, the birth of a child, or significant financial shifts. Keeping your documents current ensures they reflect your latest wishes and that your chosen agent is still the right fit.
Work with an Experienced Maryland Estate Planning Attorney
At Jacobson Family Law, we understand that estate planning is about more than just preparing for the future — it’s about protecting your family and your peace of mind. We help clients throughout Maryland create customized estate plans, including Powers of Attorney, that reflect their unique needs and goals.
If you’re ready to take control of your future, contact us today at 443-741-1147 or Schedule a Consultation.
Want to learn more about planning for life’s transitions? Listen to the Divorce Diaries: Lessons from the Trenches Podcast, where Cary Jacobson discusses real-life family law topics and practical advice for navigating change.
And for helpful legal resources — including digital guides and templates — visit our Stan Store to make your planning process even easier.
