[MD] Can two agents use one power of attorney for both medical and financial decisions?

Lexi, Chatbot

I understand that navigating power of attorney documents can be confusing. Is your question specifically about whether a single document can cover both financial and medical decisions?

Lexi, Chatbot

Are you currently in the process of setting up a power of attorney, or is this for an existing situation?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. Which state will the power of attorney be executed in, and do you want the same agent making both medical and financial decisions or different agents for each?

Legal Eagle

Got it, thanks for sharing that. Are you looking to have both you and his son make medical decisions, financial decisions, or both?

Legal Eagle

Thanks for clarifying that. Do you have any specific preferences or concerns about how decisions should be made between you and his son, especially since he's out of state?

Legal Eagle

Medical decisions and financial decisions are handled under different laws, so you generally need two separate documents—one for medical decisions and one for financial matters. A financial POA does not automatically allow someone to make medical decisions, even if it is very broad, so relying on one document alone can cause problems during a medical emergency.

Maryland allows you to name more than one agent in both a medical POA and a financial POA, so you can list yourself and his son with equal authority if that is what you want. You can also structure both documents so that either of you can act independently, which helps since his son is out of state and decisions may need to be made quickly.

For medical authority, you will want a Maryland Advance Directive that includes a health care agent section. This is the document hospitals and doctors look for under Health-General §5-602. For finances, the Maryland statutory form POA is usually the safest option and can clearly give both of you authority to manage bills and accounts. Because there is a neurological condition involved, it is also important to include HIPAA access language so both agents can receive medical information and speak directly with providers, see Health-General §4-306.