Silver Spring, MD asked in Estate Planning, Health Care Law and Probate for Maryland

Q: How to transfer durable power of attorney for health care in Maryland?

What is the process to transfer POA from current agent to an alternate agent (also listed in POA document) if the principal is incapacitated?

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: If the substitute is naked in the PoA and the document allows it, you are already done. If not, simply re-execute the document while the grantor is competent. If it is more complicated than that, you need to consult with a lawyer. Of course, there is no law requiring others to accept the PoA, so, as the kids say, YMMV.

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