February 2024.
Q: When I sign a power of attorney or will, who knows about it?
A: Only you, your attorney, and anyone you tell. Your attorney can’t even disclose that he or she has met you, and certainly can’t disclose that you’ve signed a power of attorney or will, or what its contents might be. There’s no “registry” or database that contains this information. It’s up to you who you tell that you’ve signed a power of attorney or will. If you don’t tell anyone that you signed these documents, then no one will know to look for them, and your affairs might be administered without regard to your documents, which might result in guardianship proceedings before the court or your estate being distributed to the wrong people. Many of my clients are worried that their power of attorney will be misused. If that’s a concern, go ahead and sign the power of attorney to prevent the need for court-administered guardianship; tell people that you’ve signed it; and then lock it up, but make sure someone knows where it is and how to get to it when you need them to use it.
Q: How do I revoke or change my power of attorney or will?
A: You revoke a will or power of attorney by signing a new one that recites that it revokes the old one, or by destroying the old one with the intent of revoking it. Because it’s hard to prove that your intent in destroying the old document was to revoke it, it’s best to sign a new one. You can change your power of attorney by signing a new one; there’s really no process for amending a power of attorney. You can change your will by signing a new will or by signing a “codicil,” an amendment to your will. Whether you should amend your will by codicil or sign a new one should be discussed with your lawyer. There are both legal and personal reasons to proceed in one direction or the other.
Q: If I revoke or change my power of attorney or will, who should I tell?
A: The person appointed as agent under power of attorney or executor of your will, if they know about the prior document, should be told. Anyone who knows about the prior document should be informed, in writing, that it has been revoked or changed. If appropriate, give them a copy of the new document. If your will has been deposited with the Register of Wills for safekeeping, you should deposit the new will or codicil and, if you’re depositing a new will, withdraw your old will from safekeeping.
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Attorney Tim Barkley
The Tim Barkley Law Offices
One Park Avenue
P.O. Box 1136
Mount Airy
Maryland 21771
(301) 829-3778
Wills & Trusts | Estate Planning | Probates & Estates
Elder Law | Real Estate | Business Planning