What is an alternative to guardianship?
In Virginia, an alternative to guardianship is a power of attorney. A power of attorney is a legal document in which an individual (referred to as the principal) gives another individual (the attorney-in-fact) the authority to make decisions and take actions on their behalf. This document can be limited in scope and authority, giving the attorney-in-fact only the power to make certain decisions or take certain actions. In Virginia, the powers granted to the attorney-in-fact are set out in the power of attorney document. Additionally, the principal can limit the power of attorney to a specific time period and/or a specific event. The benefit of having a power of attorney is that the principal is able to maintain control over their affairs and can designate someone to act on their behalf if necessary. For example, the power of attorney could be used to manage banking, investments, business affairs, or to handle medical decisions and/or decisions related to daily living. In Virginia, the principal and attorney-in-fact must sign the power of attorney document in front of a notary public in order for it to be valid. Additionally, the principal should be of sound mind when signing the document. It is important to note that the power of attorney can be revoked or cancelled at any time by the principal so long as they are of sound mind and can communicate their wishes.
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