Maryland Senate Bill SB808

Maryland 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/6/23

Caption

Maryland General and Limited Power of Attorney Act - Assistance With Governmental Benefits and Programs

Impact

The implementation of SB808 will have significant implications for how agents can act in the interests of their principals, particularly concerning benefits management. Specifically, the bill allows agents to perform essential actions that could enable principals to secure financial assistance from the government more effectively. Moreover, the alterations in the bill aim to support and protect the principal’s interests by enabling agents to manage property, gifts, and various financial obligations relevant to their loved ones' welfare and eligibility for benefits.

Summary

Senate Bill 808 modifies the Maryland General and Limited Power of Attorney Act to include specific provisions related to an agent's authority in managing and obtaining governmental benefits and programs. The bill revises statutory forms for powers of attorney, emphasizing the importance of the agent's authority to assist principals in qualifying for various governmental assistance programs, which may include benefits under Social Security, Medicare, or Medicaid. This enhancement seeks to provide a clearer framework for agents as they navigate the complexities of governmental benefits on behalf of their principals.

Contention

Despite its potential benefits, SB808 may encounter resistance or scrutiny regarding the extent of authority granted to agents. Critics might argue that allowing agents broad power, particularly over financial matters involving governmental benefits and the ability to make gifts, could lead to misuse or abuse of those powers. Therefore, establishing strict guidelines and implementing safeguards to limit the potential for exploitation while still empowering agents to effectively assist their principals is a point of contention that may arise in discussions around this bill.