What is a power of attorney?

A power of attorney (POA) is a legal document that allows someone, known as the principal, to appoint someone else, known as the attorney-in-fact or agent, to act on their behalf. In the state of Virginia, a power of attorney gives the agent the authority to make decisions involving property, health care, and other financial decisions. A POA document is important in elder law, as it allows seniors to appoint someone to make decisions on their behalf if they become incapacitated or unable to make decisions for themselves. An agent can also assist seniors in making decisions about their financial or legal affairs when they are still able to make decisions but are unable to handle them alone. In Virginia, a POA typically expires when the principal passes away, unless it is a “durable” power of attorney, meaning it remains in effect even if the principal passes away. To create a POA, the principal must provide written consent, be of sound mental capacity, and the document must be signed by two witnesses. It is important to understand the legal implications of a power of attorney before creating or signing one. An experienced elder law attorney can help seniors understand their options and ensure their rights are protected in the process.

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What is a power of attorney?

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