When you’re writing your will or determining who gets what in your estate, it’s important to include instructions for how your minor children will be cared for if you pass away or are incapacitated. If you’re a Maryland resident, here are some important documents to include in your estate planning.
Remote witnessing and notarization during a state of emergency
Your power of attorney form must be notarized in order to be effective. If there is an ongoing emergency, the Governor has granted permission for notaries to attest to your document via a video call.
A power of attorney, as well as advance directives and your will, require the signatures of two witnesses. In a state of emergency, the documents can be witnessed virtually if a Maryland attorney is supervising the process.
Power of attorney for business affairs
If part of your estate planning indicates that you want to give another individual right to manage your property or care for your children while you are still alive, you’ll need to fill out a Maryland Power of Attorney form. The form indicates that you are the principal and the person granted authority is referred to as the agent.
The agent has the authority to do anything with your assets that is outlined in the power of attorney. This can include taking funds from your bank account or selling your property. However, you can limit what the agent can do.
Delegation of parental authority
You can also designate an adult as the standby guardian for any of your children who are under the age of 18. If you become mentally or physically incapacitated or face immigration, you can complete the Parental Designation and Consent to the Beginning of Standby Guardianship. Two witnesses must be present but the form does not have to be notarized.