What is a durable power of attorney?

A durable power of attorney (POA) is an important legal document used in elder law in Virginia. It allows an individual to appoint someone else to act on their behalf and make decisions for them if they become incapacitated. A POA is activated only if the individual becomes unable to make decisions on their own, such as if they’ve become mentally or physically incapacitated. A POA document outlines the scope of the powers that have been granted to the person the individual has chosen as their agent. The document also specifies when it will become effective, that is, when the powers are granted. The individual should make sure they have chosen someone they can trust and that they have clearly specified their wishes in the document. The POA document should be filed with the local court in Virginia once it’s been signed and witnessed. The individual (the ‘principal’) needs to retain a copy of the document for their records. The POA document can be revoked at any time, either by the principal or a court order. A POA is an important tool in elder law in Virginia and can help provide protections for someone who’s become incapacitated. But it’s important to ensure that the individual has chosen the right person to act as their agent and that their wishes are clearly outlined in the document.

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