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Power of Attorney

Power of Attorney Lawyer in Virginia Beach

Your Local Solution for Power of Attorney: Why Choose Us?

At J. S. Burton, P.L.C., we pride ourselves on being a boutique law firm that offers personalized legal counsel throughout Virginia Beach and beyond. Clients choose us for our holistic approach to crafting personalized, detailed, and legally sound power of attorney (POA) documents. Our attorneys are dedicated to building lifelong connections, ensuring that your present and future needs are carefully considered and met.

Here’s what sets us apart in Virginia Beach:

  • Personalized Service: We take the time to understand your unique goals and concerns, tailoring our legal services to provide the most effective solutions.
  • Legal Experience: With over 20 years of serving the community, our firm’s knowledge in estate planning and asset protection ensures robust legal representation.
  • Comprehensive Approach: We integrate various legal strategies to safeguard your assets across generations, focusing on your long-term well-being.

Our commitment to building community trust and providing individualized attention is reflected in our consistent client success stories. By addressing each client's distinct needs—whether personal, familial, or business—our firm sets a standard of excellence in legal counsel that resonates across Virginia Beach and beyond.

Seek experienced assistance from a qualified Virginia Beach power of attorney lawyer at J. S. Burton, P.L.C.. Call (888) 885-9001 or contact us right away to secure your free consultation.

Power of Attorney: A Critical Legal Tool

Securing a power of attorney in Virginia Beach is a crucial step in your estate planning and financial management strategy. A power of attorney (POA) allows you to appoint someone you trust to manage your affairs if you become unable to do so. This legal document grants your appointed agent the authority to make decisions on your behalf, ranging from financial transactions to health care choices, ensuring your wishes are respected and followed.

There are several types of power of attorney, including:

  • General Power of Attorney, which grants broad powers to your agent over your financial and personal affairs
  • Limited Power of Attorney, granting specific powers for a limited time
  • Durable Power of Attorney, which remains in effect if you become incapacitated. Each type serves a different purpose, and selecting the right one depends on your individual needs and circumstances. 

An attorney at J. S. Burton, P.L.C. can guide you through this process with sensitivity and understanding.

Understanding the implications and responsibilities associated with each type of power of attorney is crucial. A General Power of Attorney might be ideal for someone who needs comprehensive management during an extended absence, such as military deployment. In contrast, a Limited Power of Attorney could be suited for single transactions or specific financial dealings. The Durable Power of Attorney is often recommended for those planning for future health challenges, ensuring continuous management should unforeseen medical conditions arise.

Power of Attorney in Virginia Beach: Key Considerations and Local Insights

Virginia’s laws on power of attorney require careful adherence to ensure that your document is recognized and enforceable. It's important to stay informed about local regulations and trends that might impact how powers of attorney are structured and utilized. The Code of Virginia outlines specific requirements regarding the execution and effect of power of attorney documents, necessitating the involvement of a knowledgeable legal advisor to navigate these complexities.

In addition to legal compliance, here are vital insights:

  • Local Resources: Virginia Beach offers resources that can assist you in understanding your power of attorney needs, including legal aid clinics and community resources.
  • Family Dynamics: Consider how local family structures and dynamics might influence your choice of agent and the powers you delegate.
  • Asset Considerations: Specific local real estate and business interests may require tailored provisions within your power of attorney.

Engaging with cultural considerations and regional economic factors can also shape the ideal structure of your power of attorney. For example, Virginia Beach's vibrant military and tourism sectors may necessitate unique clauses to accommodate transient residents and unique asset types. Tailoring these documents to the diverse needs of Virginia Beach's communities not only ensures legal strength but also aligns with personal and financial goals.

Want to create a power of attorney in Virginia Beach? Get the help you need from an experienced lawyer near you. Call (888) 885-9001 as soon as possible.

Frequently Asked Questions About Power of Attorney

Do I Need a Lawyer to Draft a Power of Attorney?

While it's possible to draft a power of attorney using standard templates, having a lawyer draft your document offers significant advantages. A skilled lawyer can tailor the power of attorney to your specific needs, ensuring that it complies with Virginia Beach and state-specific laws. Legal counsel can also provide invaluable advice on selecting an appropriate agent and clarify the powers being granted, minimizing potential future disputes. At J. S. Burton, P.L.C., our attorneys provide a personalized, comprehensive approach to drafting these documents, ensuring they reflect your unique situation and intentions.

Furthermore, legal complexities such as shared property interests, tax implications, and multi-jurisdictional matters can significantly impact the drafting process. By working with a seasoned legal team, you ensure your power of attorney is comprehensive and robust, aligning with your broader estate planning goals and financial strategies.

How Can I Revoke a Power of Attorney?

Revoking a power of attorney in Virginia Beach requires a formal procedure. You must draft a legal notice of revocation and notify your agent of the change. Additionally, informing any relevant third parties previously involved with the powers granted is critical to ensure that they are aware of the revocation. Our firm, J. S. Burton, P.L.C., offers comprehensive support to guide you through this process, ensuring that all legal standards are met and your interests are protected.

If the revoked power of attorney was registered with any financial institutions or government entities, it is imperative to inform them of the change as well. Failing to do so may result in unauthorized transactions or decisions, which could lead to significant complications. A thorough approach involving both legal advisory and administrative support can prevent such issues.

What Are Common Pitfalls to Avoid in Granting Power of Attorney?

One common pitfall is failing to clearly define the powers you are granting, which can lead to mismanagement or misuse by the agent. Another is not keeping your power of attorney up-to-date with life changes, such as marriage, divorce, or relocation. Finally, selecting an untrustworthy agent can lead to financial and legal complications. Utilizing detailed, legally-sound documents crafted by the experienced POA attorneys at J. S. Burton, P.L.C. helps avoid these pitfalls.

It's also important to anticipate potential conflicts of interest that might arise if your selected agent has overlapping personal or business interests. Consideration of successor agents can provide further security, offering a seamless transition of responsibilities should your primary agent be unable to fulfill their duties. These strategic measures are essential for maintaining the integrity of your decisions over time.

Are There Alternatives to a Power of Attorney?

There are alternatives to consider, such as a Living Trust or a Representative Payee arrangement, which can manage specific aspects of your affairs without granting broad powers. Each alternative serves different purposes and secures different aspects of your estate and personal well-being. A Living Trust, for instance, is often used in conjunction with a power of attorney for more comprehensive planning. Discussing these alternatives with our team at J. S. Burton, P.L.C. ensures you choose the best option for your specific needs.

In addition to these options, Joint Bank Accounts and Health Care Proxies offer additional methods for managing specific facets of your affairs. Understanding the implications and benefits of these alternatives can offer a multi-layered approach to estate management, ensuring that your wishes are respected in every scenario.

Take Action for Your Future: Contact Us Today

Securing a power of attorney is a proactive step in safeguarding your future. At J. S. Burton, P.L.C., our dedicated team is here to guide you through the process, offering personalized legal advice tailored to your unique needs. With a strong reputation in Virginia Beach for our professional services and a client-first approach, we help ensure that your affairs are in capable hands.

Contact us today to schedule your free consultation and take the first step towards securing peace of mind. Call us at (888) 885-9001 to discuss your power of attorney needs and how we can support your goals.

Our knowledgeable POA lawyer in Virginia Beach is prepared to guide you through your case. Contact us via online form or call (888) 885-9001 to book consultation without delay.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "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.
    "Thorough, responsive, and knowledgeable. I highly recommend this firm!"
    Thorough, responsive, and knowledgeable. I highly recommend this firm!
    - Krystin R.
    "Truly impressive and caring."
    J S Burton, PLC has been our family's trusted estate planner for over 20 years. Their professionalism, knowledge, and dedication are unmatched. They guide us through complex decisions with ease and clarity, always with a personal approach.
    - Ryan D.
    "Highly skilled and compassionate."
    J S Burton, PLC is an excellent estate planning firm—highly skilled, knowledgeable, and experienced. They listened with great kindness, compassion, and courtesy. All questions were answered, and a perfect estate plan was created. Very happy!
    - Kathy R.

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    FAQs

    • What estate planning documents should I have?
      A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation:

      A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is "revocable" which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with probate.

      If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent's trust so that they are distributed according to its terms.

      A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

      A Durable Power of Attorney for Property allows your agent to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars.

      There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing an agent assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

      The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

      A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

      Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
    • 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.
    • 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
    • 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.