Chesapeake POA Lawyer
While no one wants to think about it, there may come a time when you need someone else to file your taxes, make deposits at your bank, or pay the mortgage on your home. In these instances, you will need a legal document known as a power of attorney (POA). A POA designates someone you trust, known as the agent, to handle certain matters on your behalf in the event that you are ever unable to. Below, our Chesapeake POA lawyer explains the different types of POAs, the legal requirements for these documents, and more.
Types of Powers of Attorney in Chesapeake
In Chesapeake, and throughout Virginia, there are different types of POAs. These are as follows:
- Financial POAs: As the name implies, a financial POA allows someone else to make decisions about business or financial matters on your behalf in the event that you become incapacitated.
- Health care POA: A health care POA designates another person to make medical decisions on your behalf if you are ever unable to. A health care POA is used in conjunction with a living will in Virginia. A living will outline what medical treatment you would like to receive, and the treatment you do not want to receive.
It is usually recommended that people draft both types of POAs so important decisions can be made on your behalf in the event that you are ever unable to make them.
Legal Requirements for POAs in Chesapeake
POAs are legal documents and so, they must meet certain requirements. These include:
- Mental capacity: Anyone who drafts a POA must have the mental capacity to do so. While this is often open to interpretation by the courts, having mental capacity generally means that a person understands why they are creating the POA and the consequences of the action.
- Notarized: State law does not require people to have their POA notarized, but it is always recommended. If you sign your POA in front of a notary, the courts will presume your signature is genuine, making it more ironclad.
Who Can Act as an Agent in Chesapeake?
Any adult who has the necessary mental capacity can act as your agent. While you should choose someone you trust implicitly, it is also important to consider practical factors, such as where your agent is located. While state law allows you to choose co-agents, this is not usually recommended. Having more than one agent can lead to disputes you are trying to avoid with a POA.
Our Power of Attorney Lawyer in Chesapeake can Draft Your POA
Powers of attorney are very important documents but it is always important to work with a Chesapeake power of attorney lawyer when creating yours. At The Law Office of Angela N. Manz, our experienced attorney can draft a POA that will provide the protection you may need in the future and that is not open to contests or challenges. Call us now at 757-271-6275 or contact us online to schedule a consultation and to get more information.
