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Detailed Answer

1. Durable Financial Power of Attorney

Under Maryland law, a Durable Power of Attorney lets an appointed agent manage an individual’s finances if they lose capacity. The law governing powers of attorney appears in Estates & Trusts §17-101 et seq..

Key points:

• It must be signed by the principal (the elderly heir) and notarized or witnessed as required by §17-104.
• It can be springing (effective upon incapacity) or effective immediately.
• It may grant broad or limited powers, such as handling bank accounts, paying bills, filing tax returns, or selling property.
• The principal may revoke it at any time while competent under §17-107.

2. Health Care Agent (Advance Health Care Directive)

The Maryland Health Care Decisions Act allows a principal to name a health care agent in an Advance Health Care Directive. It is codified at Health-General §5-601 et seq..

• The directive appoints an agent to make medical decisions when the principal lacks capacity.
• It can include instructions on life-sustaining treatment, resuscitation, and comfort care.
• The form must follow statutory language in §5-604 and be witnessed or notarized.
• The principal may update or revoke the directive at any time under §5-607.

3. Court-Appointed Guardianship

If an elderly heir lacks capacity and no valid power of attorney or directive exists, a concerned party may petition the court for guardianship under Estates & Trusts §13-701 et seq.. The guardianship can cover personal and/or financial decisions.

Procedure:

• File a petition in the Orphans’ Court of the county where the person resides (Md. Estates & Trusts §13-702).
• The court appoints a visitor to investigate the person’s capacity and report recommendations (§13-703).
• A hearing is held; the proposed ward has the right to counsel and to present evidence (§13-704).
• The court may appoint a limited guardian for specific decisions or a full guardian for all personal and property matters (§13-707).
• The guardian must file regular inventories and annual accounts with the court (§13-712).

Helpful Hints

• Review the elderly heir’s capacity with a medical professional before relying on documents.
• Choose a reliable, trustworthy agent willing to act in the heir’s best interest.
• Use statutory forms where possible to ensure compliance with Maryland law.
• Keep detailed records of all transactions and decisions made by the agent or guardian.
• Consult an attorney early to help draft documents or guide you through the guardianship process.
• Consider periodically reviewing or updating powers of attorney and directives.