A brother and sister recently visited the attorney's office. "You drew up our parents' powers of attorney and medical directives. We've never needed to use them until now, and we're running into problems. Mom is in the hospital, and Dad doesn't walk very well anymore and can't get out without a walker or wheelchair, which he hates to use.

"The bank people are telling us they can't talk to us unless Mom or Dad is dead or incompetent. The hospital people are telling us the same thing. We feel stuck."

The attorney nodded sympathetically. "When your parents came to see me, they wanted what most people want – they wanted to take care of each other, and then have you take care of them if the survivor needed help.

"That's normal, and when they were younger it made sense. But as folks age, sometimes what used to work doesn't always work anymore. Planning ideas that used to be commonsense don't always make sense anymore.

"The good news is that we can fix the situation. Are your parents still competent?"

The siblings looked at each other, shrugged. "With Mom, it depends on who you ask, and when," said the brother. "Sometimes she's fine, other times she doesn't seem to know who we are. Dad is fine mentally, just very weak physically. Having Mom in the hospital doesn't help him any – she used to kind of help him along."

The attorney leaned forward. "Here are your options," he said. "If your mother is competent, we can have them sign new documents naming you as their agents. The new documents can replace the old ones, or just supplement them. If she's not competent, we can have your father sign a 'resignation,' saying that he doesn't want to serve as her agent. He can also sign new documents with you as agent."

"But Dad's pretty weak," objected the daughter. "I remember the first time we signed the papers, and I don't think he can sign his name that many times at once."

"That's OK," reassured the lawyer. "As long as Dad directs someone else to sign his name, it's just like he signed it himself. The notary will just need to hear him say that he wants someone else to sign for him.

"We'd need to draft the signature block a little differently, but the document is still just as valid and just as binding. Because the new Maryland power of attorney statute makes powers of attorney enforceable, it's not very likely that a bank or broker will refuse the document.

"The new documents can make you both concurrent agents, so you can both do whatever is needed. That way whoever happens to be with Dad or Mom can take care of medical needs, or banking, or whatever.

"Or, you could be sequential agents, one of you serving first and the other as successor. I like concurrent agents, as long as you two get along and won't quarrel about what needs to be done."

The siblings looked at each other. "We get along OK, I guess, so you don't need to worry about that," said the sister. The brother nodded.

"While we're changing the powers of attorney and medical directives," suggested the lawyer, "we might want to update the wills. For example, you might want to be named as primary executors, instead of the other spouse serving for the first spouse to die. That could be done by a codicil, an amendment to the will, or a whole new will could be drafted."

There was a thoughtful silence. Then the siblings exchanged glances. "Let us talk to Dad and Mom," the sister said, as spokesperson for the duo. "We'll get back to you soon."