Power of Attorney
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Northern Virginia Power of Attorney Lawyer
Experienced Manassas Family Lawyers for Powers of Attorney in Virginia
When planning for the future, establishing a Virginia power of attorney is a crucial step in ensuring your affairs are managed according to your wishes. At Manassas Law Group, our skilled attorneys specialize in helping clients across Prince William County and Northern Virginia create and implement effective power of attorney documents.
A power of attorney allows you to appoint a trusted individual to handle important decisions on your behalf, should you become unable to do so. There are various different types of powers of attorney, each with its own stipulations, and an experienced Manassas estate planning attorney on our team can use their in-depth understanding of Virginia law to help you choose the right type of power of attorney document that will meet your needs.
We encourage you to schedule a consultation with our knowledgeable attorneys at MLG to discuss your options and create a power of attorney that gives you peace of mind. Your future is important—let us help you protect it. Call (703) 361-8246 or complete our online intake form to speak with a member of our team and take the first step towards securing your future today.
What is a Power of Attorney?
A power of attorney is a legal document that allows an individual, known as the “principal,” to appoint someone else, called the “agent” or “attorney-in-fact,” to make decisions on their behalf. This authority can cover financial, legal, or health-related matters, depending on the type of power of attorney document granted.
The agent’s role is to act in the best interests of the principal, following their wishes and managing affairs if the principal becomes incapacitated or is otherwise unable to make decisions for themselves. In Virginia, the power of attorney can also be durable, meaning it remains in effect even if the principal is no longer mentally competent.
Why You Need a Power of Attorney
A power of attorney is essential for ensuring that someone you trust can manage your affairs if you’re unable to do so. This legal tool becomes especially important in situations where you are incapacitated due to illness, injury, or age-related decline.
With a power of attorney, your appointed agent can make decisions related to your healthcare, financial affairs, and legal matters, which can prevent potential complications or delays in managing any of your real and personal property, paying bills, or making medical choices.
Without a power of attorney in place, your loved ones may have to go through a lengthy court process to gain authority over certain issues or to take certain actions in your stead. This can create stress on your family during an already difficult time.
Types of Power of Attorney in Virginia
In Virginia, power of attorney documents come in a few different types, each designed to address different needs and situations. Each type of power of attorney grants specific authority to your chosen agent, allowing them to act on your behalf within the limits you set.
Whether you want someone to manage your affairs temporarily or plan for long-term incapacity, understanding the available options can help you make the right choice for your specific circumstances. Below are some of the different types of power of attorney available under Virginia law.
General Power of Attorney
A general power of attorney grants the agent broad authority to handle a wide range of legal, financial, and business matters on behalf of the principal. This type of power of attorney is often used when the principal is physically unavailable or temporarily incapacitated. It typically ends if the principal becomes permanently incapacitated, unless specified as durable.
Limited Power of Attorney
A limited power of attorney, also known as a specific power of attorney, gives the agent authority over particular tasks or decisions for a set period of time. This could involve managing a specific financial transaction or handling business matters while the principal is out of the country. Once the task is completed, or the time frame expires, the limited power of attorney automatically terminates.
Durable Power of Attorney
A durable power of attorney, sometimes referred to as an advance medical directive, remains in effect even if the principal becomes incapacitated. This ensures that the appointed agent can continue to manage financial or healthcare decisions. In Virginia, durability is a key feature for those planning ahead for potential incapacity due to illness or age, as a durable power of attorney only ends upon the principal’s death or revocation of the document.
Springing Power of Attorney
A springing power of attorney becomes effective only when a specific event occurs, typically when the principal is declared incapacitated. This allows the principal to maintain control over their affairs until they are no longer able to do so. In Virginia, clear guidelines for determining incapacity are usually included in the document to ensure that the document would only ever grant authority to the agent under certain specific circumstances.
How a Power of Attorney Works in Virginia
Powers of attorney are governed by both state and federal laws, often under the Uniform Power of Attorney Act (UPOAA), which has been adopted and modified under Virginia law (Va. Code § 64.2-1600 to 1642).
In Virginia, power of attorney is presumed to be durable unless otherwise stated, meaning it will remain in effect even if the principal becomes incapacitated. The document must be signed by the principal in front of a notary public for it to be legally binding. Once the attorney authorizes the power of attorney, the agent is required to act in the principal’s best interests and within the authority granted by the document.
Choosing the Right Person to Act as Your Agent/Attorney in Fact
Choosing the right person to act as your agent or attorney-in-fact is a crucial decision. It’s important to select someone you trust fully, as they will have significant authority over your legal, medical, and financial matters. In general, an agent may have decision-making authority over the principal’s:
- Estate plan
- Bank accounts
- Investment decisions
- Real estate transactions
- Property interest
- Bills and other payments
- Legal matters
- Healthcare and medical decisions (if specified)
- Business operations
Ideally, the person you choose to be your agent should be responsible, reliable, and capable of making informed decisions in your best interest. You may also want to consider someone who understands your values and preferences, especially if they will be handling sensitive healthcare decisions.
Not only that, but you’ll also want to choose someone who you know will not be influenced by others when carrying out their legal and fiduciary duties as your appointed agent.
Do I Need a Successor Agent?
Yes, it’s often wise to appoint a successor agent in case your primary agent is unable or unwilling to serve. A successor agent steps in if the original agent becomes unavailable due to illness, incapacity, or if the original agent resigns. Having more than one agent ensures that your affairs will still be managed according to your wishes without the need for court intervention to appoint a new agent.
How To Get Power of Attorney in Virginia
To obtain a Virginia power of attorney, you need to draft a legal document specifying the authority you wish to grant and the agent you appoint. This document must be signed by you, the principal, in the presence of a notary public to be legally binding.
You can draft the document yourself, use a local legal aid office, or consult an estate planning attorney to ensure it meets your needs and complies with Virginia law. Once completed, distribute copies to your agent, financial institutions, and any other relevant parties.
Administering a Power of Attorney
Administering a power of attorney involves the agent carrying out the duties and responsibilities outlined in the document. Remember, the agent must act in the principal’s best interests, managing their affairs in a responsible and ethical manner. This includes making financial or healthcare decisions, paying bills, and/or handling legal matters according to the principal’s wishes.
Legally, the agent is required to keep accurate records, avoid conflicts of interest, and only act within the authority granted by the power of attorney. Failure to fulfill these duties appropriately can result in legal consequences.
How To Revoke Power of Attorney in Virginia
To revoke an agent’s authority of power of attorney in Virginia, you must create a formal revocation document that states your intent to cancel the previously granted authority. This document should be signed and notarized to be legally effective, so always seek legal advice before doing so.
Once your attorney terminates the power of attorney, provide copies of the revocation to your former agent, any institutions or individuals who were given a copy of the power of attorney, and keep a copy for your own records. If the power of attorney was recorded, you should also notify the relevant recording office to update their records.
Do You Need a Lawyer to Get a Power of Attorney?
While it’s not mandatory to have a lawyer to get a power of attorney, consulting one is highly advised to ensure that the document meets all legal requirements and accurately reflects your wishes. An experienced estate planning attorney can help you understand the different types of power of attorney, avoid potential pitfalls, and address complex situations, providing peace of mind that your document will be valid and enforceable.
How a Manassas Power of Attorney Lawyer Can Help
At Manassas Law Group, our experienced estate planning attorneys are dedicated to guiding you through every step of establishing a power of attorney. We can assist you in drafting a power of attorney that accurately reflects your wishes and meets all legal requirements, review the document to ensure clarity and compliance with Virginia laws, and help finalize it with the necessary signatures and notarization.
Having a skilled personal and family maintenance attorney on your side offers the benefit of tailored legal advice, ensuring that your power of attorney is executed properly and effectively. This professional support helps prevent potential issues, provides peace of mind, and ensures that your affairs will be managed according to your preferences if you become unable to do so yourself.
Call the Experienced Estate Planning Lawyers at Manassas Law Group Today
Securing a power of attorney is a vital step in planning for your future and ensuring your wishes are honored, no matter what life may bring. At Manassas Law Group, our team of experienced Virginia estate planning attorneys is here to guide you through the process with professionalism and care.
We understand the importance of having a well-drafted power of attorney as part of your estate plan and are committed to helping you make informed decisions that best reflect your needs. A Prince William County estate planning attorney on our team will work closely with you to draft, review, and finalize your power of attorney. We’ll also provide you with the legal support necessary to ensure that all aspects of your Virginia power of attorney are properly addressed and all your questions answered.
Contact us today to schedule a consultation and learn more about how we can help you create a well-prepared power of attorney. Simply call (703) 361-8246 or contact us via our website to get in touch. Your future self will thank you!