Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

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• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. Looking for a lawyer to help with power of attorney for my elderly mom's health and finances.

March 19, 2025

A: Make an appointment with a lawyer who drafts estate planning documents in your jurisdiction. Your mother (and you, really) needs four documents at least: (1) a last will and testament; (2) a durable statutory-compliant financial power of attorney (POA); (3) a healthcare POA; and (4) an Advance Directive/living will.

The two POAs and advance directive are for use during your mother’s lifetime, to manage her financial affairs and assets and make healthcare decisions during times when she is no longer able to do so on her own. These two documents are essential to avoid the situation where your mother becomes incompetent mentally and the only solution is for a court appointed guardian requiring regular court supervision of all decisions. A court guardianship is both expensive in legal fees, time consuming and delaying decisions, and requires filing accountings for approval by the court and need for court ordered permission to make any major decisions (like moving your mother to nursing home care and selling her home to manage her finances).

The advance directive/living will is a signed declaration of your mother’s preference as to continued extraordinary medical interventions in the event she enters into one of three recognized terminal end-stage non reversible conditions. The person named in her healthcare POA would use that as a guide to make those decisions when the time comes.

A properly executed and witnessed Will is essential to allow the smooth administration of your mother’s estate and swift appointment of her named executor for efficient settlement of her property and affairs after her death.

You should act soon while your mother is still able to understand and sign these documents. Once she becomes mentally incompetent, she will be unable to sign any of these documents and a court guardianship is the only option, as well a a judicial probate of her estate in the absence of a will. ... Read More

Q. How to add my name to the deed of my wife's house in DC?

March 19, 2025

A: It’s a simple process of your wife executing a deed from herself to you and her as tenants by the entirety. Any real estate lawyer can draft the deed and record it for you. However, deeding the property alone will not address how either one of you may manage the property (sell or borrow against it) when the other becomes incapacitated. For that, you would each need to execute a financial power of attorney naming the other as your agent in compliance with the DC statute (fairly recently enacted and revised). A durable financial power of attorney is one of the four essential estate planning documents every person should have: a last will and testament, a durable financial POA, and healthcare POA, and an advance directive/living will. For some higher income and asset rich people, a revocable living trust may be preferable, but most people can manage nicely without a trust. Contact a lawyer to discuss these essential documents and what works best for your individual situation. ... Read More

Q. Why is my mother charged for stray cats she doesn't own?

March 11, 2025

A: You do not state the exact civil code violation your mother was cited with violating. However, Harford County Code Section 64-12, entitled "Animals Constituting Nuisances" reads as follows:

It is unlawful for any person to keep or maintain any animal in such a manner as to cause or permit the animal to be a public nuisance. An animal constitutes a public nuisance if it (1) damages the property of anyone other than its owner; (2) makes an excessive harsh noise so as to disturb the peace, quiet or comfort of the neighborhood; or (3) is vicious or dangerous. Upon the sworn complaint of any person before the District Court of Maryland for Harford County alleging that an animal constitutes a public nuisance in any neighborhood in any area of the County, a summons shall be issued to the owner or keeper of such animal to appear before the District Court. Upon proof that the animal constitutes a public nuisance, the owner shall abate the nuisance within the time specified by the court and in no event more than 30 days after appearing before the court. Should the owner fail to abate the nuisance, the owner or keeper shall be required to surrender the offending animal to the Harford County Humane Society or any other non-profit shelter or rescue organization, unless he/she removes the animal permanently from the neighborhood. If the owner or keeper is required to surrender the animal and he/she refuses or fails to do so, it is the duty of the Sheriff or other appropriate law enforcement authority of the County to seize the animal. For purposes of this section, the definition of "animal" shall include, but not be restricted to, dogs, cats, reptiles, and fowl. This definition shall not include livestock (as defined in § 267-4 of the Harford County Code, as amended) on agriculturally assessed property. ... Read More