What is a durable power of attorney?

A durable power of attorney is a legal document that authorizes a person to act on behalf of another person in Virginia. It is important for individuals who are unable to make decisions on their own due to illness, incapacity, or some other reason. A durable power of attorney, also known as a "general power of attorney," grants authority to an agent, or "attorney-in-fact," to make legally-binding decisions on behalf of the person granting the authority. The decisions made must be in the best interest of the grantor, which is the person granting the authority. The durable power of attorney document must explicitly state that the document is to remain in effect even if the grantor is incapacitated. Without this language, the document is considered revoked when the grantor can no longer make decisions. A durable power of attorney can grant broad or limited powers, depending on the needs of the grantor. Common areas of authority addressed include healthcare, finances, and property and business matters. The agent must exercise the authority with honesty and accuracy, acting in the best interest of the grantor. The durable power of attorney document should be drafted by a competent attorney familiar with Virginia law. It is best practice to name a backup agent in case the first agent is unable or unwilling to act. The document should also specify any restrictions or limitations on the agent’s power, and should be reviewed regularly.

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What is a durable power of attorney?

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