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Power of Attorney

Power of Attorney Lawyer in Virginia

Providing Virginia and Washington, D.C. with Tailored Legal Services

At J. S. Burton, P.L.C., we commit to helping you safeguard your legacy. With over two decades of experience, our boutique and holistic approach ensures personalized attention to detail when creating your Power of Attorney, tailored precisely to your needs.

We offer a complimentary, no-obligation initial consultation, always placing our clients at the center of our focus. Let us help you navigate the complexities of estate planning and provide steady protection for your legacy.

Our presence in Virginia Beach, Williamsburg, and McLean allows us to stay current with the latest legal developments and to meet with clients face-to-face at their convenience. We understand the regional differences that can impact your choices, and our attorneys support you by considering state-specific factors that influence the scope and validity of your documents.

Don't hesitate to reach out today to schedule your consultation and learn how our services can impact your financial future. Contact us online or dial (888) 885-9001.

What Is a Power of Attorney (POA)?

A power of attorney is a legally enforceable document that grants authority to a trustworthy individual known as the attorney-in-fact to act on your behalf in financial and legal matters. This document forms an essential part of estate planning in Virginia, helping you make provisions for situations where you may not be able to manage your affairs due to illness, absence, or other circumstances.

By assigning decision-making responsibilities to a selected representative, you protect your financial interests with a carefully prepared POA. However, POAs are not one-size-fits-all; several forms exist, each tailored to specific needs and situations.

Virginia law sets the requirements for a valid POA under the Virginia Uniform Power of Attorney Act (Virginia Code §§ 64.2-1600 et seq.). To properly execute your POA, you must sign the document in front of a notary public, and in some cases, additional witnesses. A power of attorney drafted by an attorney familiar with Virginia law helps you avoid mistakes that might render your document ineffective if someone challenges it. Financial and healthcare decisions require a POA that complies fully with state regulations.

Selecting the right POA should depend on your circumstances and goals. A skilled power of attorney lawyer in Virginia can help develop a customized document that protects your interests and carries out your wishes, even in challenging moments.

Types of Power of Attorney

Virginia recognizes several types of Power of Attorney to address a range of situations:

  • General Power of Attorney: This allows broad control over your financial and legal affairs. People often use this when they need someone to manage their affairs temporarily, such as during extended travel.
  • Durable Power of Attorney: This remains effective if you become incapacitated, making it an important tool for long-term planning, especially for seniors or those managing health conditions.
  • Limited (Special) Power of Attorney: This grants your attorney-in-fact specific authority for certain tasks or during particular times while you are unavailable.
  • Healthcare Power of Attorney: Also called a Medical Power of Attorney, this document authorizes someone to make healthcare decisions for you when you cannot communicate your wishes.
  • Springing Power of Attorney: This becomes effective only when a specified event occurs, typically your incapacity.

When choosing between these types, consider factors such as your age, health, family structure, and business interests. In Virginia, many people include a Durable Power of Attorney in their plan to maintain financial and healthcare decision-making if they become unable to act. If you own real estate or business assets in the state, certain POAs may fit your circumstances. Our team will discuss options for multi-generational families, business owners, or those seeking additional safeguards from future changes.

These types of POAs allow you to tailor your legal documents to your circumstances, ensuring your interests are protected and your choices honored. Consulting a seasoned Virginia POA lawyer can help you navigate these options and make informed decisions.

For experienced guidance, speak with a knowledgeable Virginia POA attorney. Call us at (888) 885-9001 or contact us online.

Virginia Power of Attorney Laws and Key Requirements

Navigating a power of attorney in Virginia involves understanding the legal requirements set by the Virginia Uniform Power of Attorney Act. Virginia law requires that the principal sign the document, or direct another person to sign in the principal’s presence, and a notary public must acknowledge the signature for validity. Some financial institutions in Virginia have their own acceptance policies, so you must prepare a POA that follows state statutes and meets the additional requirements set by banks and agencies. If you intend to use your POA for real estate transactions, you often need to record it at the local circuit court where the property is located. By working locally, J. S. Burton, P.L.C. helps you meet every legal standard so your POA is recognized by Virginia institutions. Review your POA regularly to reflect changes in your wishes or state law.

How to Create and Revoke a Power of Attorney in Virginia

Establishing a power of attorney in Virginia involves thoughtful planning and clear steps. First, select an agent you trust and determine whether you need a general, durable, limited, or healthcare power of attorney. In Virginia, you must sign your POA document in the presence of a notary public, and your agent should understand their responsibilities under state law. If you wish to revoke a POA, you must do so in writing—preferably with a signed, notarized revocation—and notify your agent and any institutions relying on the old document. Destroying old copies prevents confusion. When a POA has been recorded with a local court, such as for real estate, you may need to file a formal notice of revocation with the Virginia circuit court involved. Consulting with a legal team ensures you create and revoke POAs in compliance with Virginia standards and that your intentions are clearly communicated.

Understanding the Risks and Limitations of a Power of Attorney

While a power of attorney grants flexibility, it also brings certain risks that require attention. One of the most serious risks is choosing an agent who might not act in your best interests. Virginia law holds agents to a fiduciary duty, but issues or abuse can arise if boundaries or instructions are vague. Not every third party will accept a POA, especially if it is outdated or unsigned according to Virginia regulations. Courts in Virginia can resolve disputes about an attorney-in-fact’s actions, but careful planning helps prevent problems. Use an updated and well-drafted POA that covers life changes, and consider naming a backup agent. By working with an attorney experienced in Virginia law, you gain confidence in both the authority and limits your document provides, and you help safeguard your wishes under local requirements.

Need to create a power of attorney in Virginia? Don't hesitate—reach out to an experienced POA lawyer now. Complete an online form to take the next step.

FAQs

How long does a power of attorney last in Virginia?

The duration of a power of attorney in Virginia depends on the type of document you use. A durable power of attorney remains valid if the principal becomes incapacitated and lasts until revoked or until the principal passes away. Limited or springing POAs may end at a specified time or event as listed in the document.

Can I have more than one agent under my power of attorney?

Yes, Virginia law allows you to name more than one agent. You can specify whether agents act jointly or independently, and you should state this clearly in your POA to prevent confusion or disagreement between agents.

What happens if my agent cannot serve or resigns?

If your chosen agent cannot serve or resigns, your power of attorney can name a successor agent to take on the role. If no successor agent is listed and there is no other option given, the power under your POA ends unless you appoint a new agent in writing.

Get the support you need from our skilled power of attorney lawyer in Virginia. Reach out at (888) 885-9001 now to book your initial consultation.

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Read What Our Former Clients Have to Say
    "If you're looking for trustworthy and skilled professionals for your estate planning, look no further!"
    I recently had the pleasure of working with Fallon Whidden from the JSBurton Law Firm for my estate planning needs, and I cannot recommend them highly enough!
    - Tamara C.
    "I give them a 5* plus! Honest, Reliable, and Caring!"
    John Burton is the best and most honest that I have found. You can rely on him for all your needs. Once you have spoken to him, you won't be going anywhere else.
    - Richard K.
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.
    "Friendly and personable service."
    J S Burton, PLC has helped with my estate planning. All aspects of my trust are clearly defined in an easy-to-understand folder. They coordinated with my financial planner seamlessly. The staff is friendly and personable. I highly endorse J S Burton.
    - Elizabeth M.

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    FAQs

    • What is estate planning?

      When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you.

    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.

    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • How do I name a guardian for my children?
      If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.