A Virginia power of attorney can allow an individual to designate another person to stand in their place and act for them in specified situations. There are many different types which cover a broad range of situations and circumstances. There are POAs that cover financial affairs. Others may cover health care decisions or decisions involving taxes. Before you choose a form, read through the different types to determine which one fits your needs. Then think about who would be the right person to be your agent. Because your agent would have the authority to make decisions involving your property, assets and/or health, it is important to consider certain qualities such as trustworthiness, accessibility and availability.
Advance Medical Directive (Medical POA) – This allows you to appoint another to make health care decisions and communicate with your medical providers on your behalf in the event you can no longer communicate your wishes competently.
Durable (Financial) Power of Attorney – This type is for use when you want to have someone in place to handle your financial matters. Because this type stays in effect even after you can no longer make your own decisions, many use this for long term planning purposes.
General (Financial) Power of Attorney – This is similar to the durable form because it allows you to appoint someone to handle your financial affairs. However, it is different from the “durable ” form in that it automatically becomes void if you become incapacitated.
Limited (Springing) Power of Attorney – This can be used in discreet, limited situations of your own choosing. You can write with specificity how and when you want your agent to act.
Minor (Parental) Power of Attorney – Allows a parent to select a family member or close friend to take responsibility over the health-care, well-being, and education of their child.
Real Estate Power of Attorney – Select a representative to handle the sale, management, or purchase of real property for a specified period of time or on a durable basis.
Revocation of Power of Attorney – This form is to revoke any type of power of attorney that you may have entered into in the past.
Tax Power of Attorney (Form PAR 101) – You can use this when you want a tax professional to handle your dealings with the tax authority in Virginia.
Vehicle Power of Attorney (Form VSA-70) – This form is for use when you wish to designate a representative to act for you with regard to the Virginia Department of Motor Vehicles.
How to Write
Step 1 – Choose the form that is the best fit for your circumstances.
Step 2 – Think about who you want your agent to be and whether the person you would like to choose has the right characteristics to represent you effectively. Are they honest, reliable and trustworthy?
Step 3 – Check the signature page of the document you wish to use. Some call for a notary, others call for two witnesses and some call for both. Make sure that you have the right people ready to witness you sign the completed document and acknowledge your identity and state of mind.