Q: If my wife or I become incapacitated, what is the legal procedure to selling a joint owned home in Maryland?

A: If both you and your wife have durable general powers of attorney in place that are drafted in accordance with the updated statutory requirements during the past decade, then it is easy and no trouble at all. If you do not, somebody will need to hire a lawyer and petition the court to be appointed guardian over both of you and your property, as well as comply with regular court supervision and accounting requirements, for the remainder of your lives. The latter proceedings will be costly and time consuming, and will cost your eventual estates. Properly drafted powers of attorney are your best options. You will also need health care power of attorneys to make your health care decisions when you are unable. Typically spouses will name each other as their agent to make decisions and transact business in their name, and then name a trusted backup person to act when their spouse is unable to do so. These two documents, together with your wills, are the cornerstones of every estate plan.

A: If you both made financial Powers of Attorney before any incapacity, the attorney-in-fact designated in the Power of Attorney would typically have power to sign off on any real estate paperwork (listing agreement, deed, etc.). If you do not have this documentation it becomes very challenging and unfortunately may necessitate a full-blown court proceeding for guardianship.

You are encouraged to reach out to an estate planning attorney with any specific questions. While not legal advice, I hope this general information helps.