Maryland Law Blog

By George E. Meng, Esquire

There has been a serious problem with the lack of consistency when Powers of Attorney are presented to banks and other institutions such as title insurance companies and real estate settlement companies. Not infrequently the agent under a Power of Attorney would be informed that the Power of Attorney was not acceptable. There are also problems with people acting under Powers of Attorney doing inappropriate things, some even to the extent of stealing money.

Maryland has passed a new statute that becomes effective October 1, 2010 that attempts to solve many of these problems.

The new statute includes statutory forms for both General Powers of Attorney and Limited Powers of Attorneys and provides that, if a lawsuit has to be filed to force someone to accept it, there can be a request for reasonable attorney fees.

The signing requirements for Powers of Attorney used to be somewhat lax. Now they are even stricter than the signing requirements for a Last Will and Testament. Not only must a document be notarized but the witnesses and the person signing the Power of Attorney must all be present at the same time.

There is also detailed requirements for what the person acting as the Power of Attorney has to do or not do. Most important is that the person must keep a record of receipts, disbursements and transactions under the Power of Attorney.

This new law is a welcome addition to the Maryland Code and has been long overdue.

To read more on the New Maryland General and Limited Power of Attorney Act visit:

• Chapter 689: http://mlis.state.md.us/2010rs/chapters_noln/Ch_689_hb0659E.pdf and


• Chapter 690: http://mlis.state.md.us/2010rs/chapters_noln/Ch_690_sb0309E.pdf.

According to a report, Natasha Richardson, 45, was laid to rest at St. Peter’s Episcopal Church in Lithgow, New York on March 22, 2009. Ms. Richardson’s unexpected death resulted from a fall during a beginner skiing lesson. After suffering an epidural hematoma- an accumulation of blood between the brain and skull- the Tony Award-winning actress was taken off life support, a painful decision made by her family. Ms. Richardson was married to actor Liam Neeson and she leaves two children, Micheal, 13, and Daniel, 12.

Given that Natasha Richardson’s family barely had any time to prepare for her death, the emotional pain and loss of such a close family member makes it almost impossible to even think about a will or estate plan; as it is for families throughout the U.S. enduring the abrupt death of a loved one. Not enough of us arrange preparations for our children and our spouse should something catastrophic happen. It is in everyone’s best interest to have an updated estate plan and will to prevent the possibility of lengthy and unnerving legal battles between family members.

In the state of Maryland, if you pass away without a will or estate plan, the state will determine what to do with your property and assets. This can be handled in one of the following ways:

• If you do not have a spouse or children, your parents will receive your assets if they are alive; and if your parents are deceased, then everything goes to your siblings

• If you are married and do not have children, everything goes to your spouse

• If you are married and have children, 50% goes to your spouse and 50% goes to your children

If you have lost a loved one and are concerned about how assets are being taken care of, either by family members or the state, contact George Meng at Meng & Alpert LLC. George Meng has 35 years of experience in estate litigation in Maryland handling complex trust, estate, and real property cases regarding improper handling of estate or trust funds, property, and disputes relating to distributions from estates and trusts. Call 301-627-1600 for a free consultation with Mr. Meng. For more information on estate plans and wills, as well as Natasha Richardson's story, please read "The Importance of Wills & Estate Planning: Natasha Richardson Case Study."

If you die without a Will, the law of your State provides for the distribution of your assets. So, it's not necessarily bad if someone dies without a Will. But, if you are alive and cannot give direction about your care to your doctor, things can become complicated and expensive. Often, someone has to go to Court and have a guardian appointed. That's why I urge all of my clients to have an Advance Directive. It's a legal document that combines a living will with a medical power of attorney and often includes directions about organ donation and disposition of your body. Some of the people I see hesitate and procrastinate because of bad information.

One of the common misconceptions is that your doctor won't work as hard if you are an organ donor. This and other myths are addressed on the UNOS (United Network for Organ Sharing) website. The facts are: "If you are sick or injured and admitted to the hospital, the number one priority is to save your life. Organ donation can only be considered after brain death has been declared by a physician. Many states have adopted legislation allowing individuals to legally designate their wish to be a donor should brain death occur, although in many states Organ Procurement Organizations also require consent from the donor's family."

So, don't hesitate. Get your Advance Directive done as soon as possible. Go here to get a link to a form for your State And, you should also consider having a durable financial power of attorney so that your financial affairs can be handled without the appointment of a guardian. Finally, if you don't have a Will, do that too.

Attorney George Meng is a partner at the Maryland Law Firm Meng & Alpert, LLC. Mr. Meng concentrates his practice in the fields of Estate and Trust litigation and Real Property litigation however, he has extensive experience with Maryland Personal Injury litigation.