What is a durable power of attorney?

A durable power of attorney is a legal document that allows someone to appoint another person, known as an agent or attorney-in-fact, to act on their behalf in legal, financial, and medical decisions. This document is important because, if it is properly executed, it will remain in effect even if the person making the appointment, known as the principal, becomes incapacitated due to mental or physical illness. In Virginia, durable powers of attorney can be used for a variety of purposes, including creating trusts, managing business interests, making gifts, and executing contracts. The person appointed as the agent will have the legal authority to make these decisions on behalf of the principal. When creating a durable power of attorney document, it is essential to include clear instructions of the agent’s powers, which can range from general to specific. The document must also be properly signed and dated. It is also important to regularly revisit the document and make sure that it is still valid and up-to-date. A durable power of attorney is an important part of estate planning in Virginia. It can help ensure that an incapacitated person’s affairs will be handled in accordance with their wishes and provide peace of mind to the principal and the agent.

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