Law Offices of Clifford M. Cohen›
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FAQs
What is a Power of Attorney?
There may be times in your life when it is necessary for another person to act on your behalf. A document called a Power of Attorney allows you (the principal) to name someone as your agent to make decisions for you when necessary. A Power of Attorney may be granted to someone for either financial or health related purposes. It should be established while you are still mentally stable enough to make decisions on your own. Otherwise a court proceeding may be required to appoint a Guardian or Conservator to make decisions for you
What is a Durable Power of Attorney?
Unless your Power of Attorney clearly states otherwise, it will end if you become mentally incapacitated. A Durable Power of Attorney states that the Power of Attorney remains in place if you become disabled or incapacitated. Durable Powers of Attorney can be drafted to address two situations: You want your agent to have authority only if you become incapacitated You want the Power of Attorney to take effect immediately and to continue if you become incapacitated.
Can I make my own decisions after giving power of attorney?
Yes. As long as you are mentally competent, even if you have given the power for your agent to act immediately, you may still make your own decisions and conduct business on your terms. If your agent does not respect your wishes, you may revoke the Power of Attorney. Problems may arise, however, if an agent with a Durable Power of Attorney believes you lack the mental capacity to act independently or revoke the Power of Attorney, but you disagree. If this occurs, a court proceeding may be necessary to determine whether you are of sound mind.
What is a Living Will?
A Living Will is a legal document in which you provide instructions for your own medical treatment if you become incapacitated, suffer a terminal medical condition, or fall into a state of permanent unconsciousness.
Am I eligible for Medicaid?
To qualify for Medicaid in Maryland, you can have no more than $2,500 ($4,000 in DC) of countable assets. Countable assets generally include everything other than your home, your automobile, household furnishings, and other personal effects such as, wedding rings and heirloom jewelry.
You'll find more information on the FAQ page of our website.
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