If you become incapacitated, do you want the court to decide who should manage your affairs? If not, you need to speak with a Virginia power of attorney lawyer today for assistance naming someone to act as your agent or read below to learn more. A Virginia trusts and estates lawyer is also available to assist with your legal needs, call today.
A Virginia Power of Attorney Lawyer Helps Protect Your Future
When you are unavailable or unable to handle your own financial and legal affairs, someone must make choices on your behalf. Creating a power of attorney allows you to name the person who will act on your behalf.
There are specific legal requirements you must meet to name an agent and create a binding power of attorney. You should also understand exactly what it means to transfer your authority to someone else to act on your behalf, so you are aware of the limits of the agent’s authority as well as of the rights you are giving the agent.
A Virginia power of attorney lawyer will advise you of the rights your agent is vested with, as well as the obligations of your agent. A Virginia attorney can help you select your agent, and the scope of the agents power over your legal and financial affairs. Your lawyer can help you to create a valid power of attorney that is going to allow you to determine who controls your future when you no longer can.
Virginia Laws on Power of Attorney
The Virginia General Assembly adopted a version of the Uniform Power of Attorney Act, which went into effect in 2010. The Act is found in Code of Virginia Title 26 Chapter 7.
A durable power of attorney means that the grant of authority you give to your agent will remain in effect even if you become incapacitated. In other states, a power of attorney is not automatically considered durable and unless there is specific language ensuring the grant of authority will remain, it expires upon incapacity. This means at the very time when the power of attorney is most necessary, it is no longer valid.
The Uniform Power of Attorney Act also establishes rules under which an agent’s authority is terminated, sets a default rule allowing co-agents to independently exercise their authority, and establishes provisions designed to make it easier for agents to take action.
Your Virginia power of attorney lawyer can help you to understand exactly how this law will apply to your situation and will work with you to ensure that the grant of authority you create does what you need it to do.
Getting Help from a Virginia Power of Attorney Lawyer
Without a power of attorney in place, your loved ones will need to file a guardianship petition with the court if they wish to take control of your affairs when you are incapacitated. This can be a complicated, costly, and time-consuming process that leaves the court intimately involved in your affairs and that could result in you becoming the ward of someone you never would have wanted to act for you. To ensure you have planned ahead and named your own agent in case the worst happens, call a Virginia power of attorney lawyer today.