New Market, MD asked in Estate Planning for Maryland

Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

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3 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
Answered
  • Estate Planning Lawyer
  • Ponte Vedra, FL

A: You don’t say whether she is physically or mentally incapacitated. If she is mentally incapacitated she can give someone a power of attorney since she lacks the requisite mental ability to give someone a valid power of attorney. If she is physically incapacitated she should give the power of attorney to one sibling. Having 5 siblings with a power of attorney is very problematical if there is any disagreement.

1 user found this answer helpful

Erica A. R. Redmond
Erica A. R. Redmond
Answered
  • Estate Planning Lawyer
  • Stevensville, MD
  • Licensed in Maryland

A: If she able to write her wishes, a skilled attorney will be able to know if she has the required understanding to be able to sign a power of attorney and/or advanced directive. She would need to make those choices as to who she wanted to be her agent though and I would recommend that she meet with an attorney alone without a sibling present at least for part of the meeting. Some social workers are working with law firms to allow for meetings and signings in the hospitals.

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