Power of Attorney Lawyer in Manassas

Power of attorney (POA) is an important legal document that can afford you considerable peace of mind in relation to your future. This vital estate planning tool allows you to assign the authority to make key decisions on your behalf to someone you trust. This can mean making primary healthcare, financial, or day-to-day decisions in the event that you can’t. Our experienced Manassas power of attorney lawyers at Bristle Schulze are standing by to help.

The Virginia Uniform Power of Attorney Act

In Virginia, financial powers of attorney are governed by the Virginia Uniform Power of Attorney Act. The document names the person you’ve chosen to act for you, called your agent or attorney-in-fact. Your agent doesn’t need to be a lawyer. You, as the person granting the authority, are the principal.

Your POA can be as broad or as narrow as you choose. Some powers, however, must be granted expressly in the document, meaning your agent won’t have them just because your POA is broad. These include the power to:

• Make gifts
• Create or change a trust
• Change beneficiary designations

A POA must be signed by the principal. Having your signature notarized makes it presumed genuine, which helps banks and other institutions accept it. It’s also necessary if your agent will need to handle real estate.

Types of Powers of Attorney

Powers of attorney differ in two separate ways: how much authority they grant, and whether that authority continues if you become incapacitated.

Limited vs. General POA

A limited POA authorizes your agent to handle a specific task or transaction, such as closing on a home sale while you’re out of the country. A general POA gives your agent broad authority over your financial affairs.

Durable vs. Non-Durable POA

A durable POA stays in effect if you become incapacitated, which makes it essential for long-term planning. In Virginia, a power of attorney is durable by default unless the document says otherwise. A limited POA can also be durable.

Springing POA

A springing POA takes effect only when a specific event occurs, most often your incapacity. This allows you to keep full control of your affairs until you’re unable to manage them. Your document can name who decides whether the triggering event has happened. If it doesn’t, Virginia law generally allows a physician or licensed psychologist to make that determination. Because banks may ask for proof that the POA has taken effect, springing POAs can sometimes cause delays when your agent needs to act quickly.

Health Care Power of Attorney

A health care power of attorney is governed by a separate Virginia law, the Health Care Decisions Act, and is usually part of an advance directive. It allows your agent to make medical decisions for you if you can’t make them yourself. These decisions can include:

• Discussing your medical care with your health care providers
• Accepting or declining specific medical treatments
• Making long-term care decisions for you

Generally, your agent’s authority begins once your attending physician and a second physician or licensed clinical psychologist determine that you can’t make informed decisions. Your advance directive can also state your wishes about:

• Life-prolonging treatment and other medical interventions
• End-of-life care
• Preferred medical facilities
• Organ donation

Financial Power of Attorney

A financial POA allows your agent to manage your financial affairs if you can’t. Depending on the authority you grant, this can include:

• Paying your bills
• Managing bank and investment accounts
• Overseeing your retirement accounts
• Buying or selling real estate
• Filing your taxes

Because Virginia POAs are durable by default, a financial POA will generally stay in effect if you become incapacitated unless you choose otherwise.

Our Experienced Manassas POA Attorneys Are Here for You

Our accomplished Manassas power of attorney lawyers at Bristle Schulze will spare no effort in our commitment to helping you establish powers of attorney that bolster your peace of mind. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.