Northern Virginia Power of Attorney
Most people think that estate planning is only used to determine who will receive their property after passing away. However, creating powers of attorney is also part of the process. A power of attorney can protect you if you become incapacitated. Then, the agent you choose will step in and manage your affairs without having to petition the court. Going to court to get a conservatorship or guardianship is an emotionally devastating process for families and can prevent you from getting help in a timely manner. Thus, getting a power of attorney in place is vital for your well-being.
As Northern Virginia power of attorney lawyers, PJI Law can ensure that you have all necessary documents in place. We will discuss your long-term needs and ensure that you are protected today and in the future.
Powers of Attorney Options
PJI Law can help you create and execute the right power of attorney for your needs. Your options include a:
Guidelines for Agents
The agent you name in your power of attorney document must follow a set of guidelines when making decisions on your behalf. He or she is expected to perform duties competently and diligently, with your best interests in mind. The agent’s loyalty must lie with you and your needs.
Your agent also needs to avoid conflicts of interest. Also, he or she must keep records and be able to provide them when asked. Finally, he or she needs to preserve the estate plan as long as it is in your best interests. Your Northern Virginia power of attorney lawyer can discuss these responsibilities and guidelines with you in greater detail.
When Does a Power of Attorney Go Into Effect?
You get to choose when your durable power of attorney goes into effect. It could be immediate – meaning means that when you sign it, it gives the agent powers at that point, or you can set it up so that the agent cannot use it to make decisions for you unless you are incapacitated. In that event if the person attempts to make decisions when you are of sound mind, you can take legal action.
For a springing power of attorney, which only goes into effect once you are incapacitated, the transition of power isn’t always seamless. The agent has to prove that you are incapacitated, which may require attestations from multiple doctors. If you still want to use a springing power of attorney, have your lawyer outline the guidelines for proving incapacitation. For example, the attorney can state that incapacitation can be proven with a letter from your physician. If you’re having trouble choosing which document to choose, speak to a Northern Virginia power of attorney lawyer from PJI Law.
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How to Terminate a Power of Attorney
If you are of sound mind, you can revoke a power of attorney at any time. Your Northern Virginia power of attorney lawyer can also change the agent if you wish. Your power of attorney will automatically terminate if you pass away, or if the agent dies or becomes incapacitated, which is why it is a good idea to name backups. Finally, if you create a power of attorney for a single event, it will terminate once the event is completed. For example, if you create a power of attorney to transfer power when you are in surgery, it will terminate when the procedure is over.
Do You Need More Than One Power of Attorney?
Most estate plans include more than one power of attorney. For instance, you will need a power of attorney for health care, better known in Virginia as an Advance Medical Directive. Then, the agent can act as your health care proxy. You will then need another power of attorney for financial decisions. Your Northern Virginia power of attorney lawyer will discuss all the tools and documents you need for your estate plan.
Awards and Recognition
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