Whenever we create estate plans for our clients, we always recommend that they create or update their Powers of Attorney (POA) and Advance Medical Directive (AMD) documents. Here is more information about what these documents are and why they are important to have.
Power of Attorney
A Power of Attorney is a legal document that grants someone else (known as the “agent” or “attorney-in-fact”) the authority to act on your behalf in legal, financial, or other matters. This authority can be broad or limited in scope and can be used in various situations.
There are different types of Power of Attorney, including:
- General Power of Attorney: This gives the agent broad authority to act on your behalf in various matters, including financial and legal affairs.
- Limited Power of Attorney: This limits the authority of the agent to specific matters, such as selling a property or making medical decisions.
- Durable Power of Attorney: This comes into effect immediately and remains in effect
even if you become incapacitated and unable to make decisions for yourself. - Springing Power of Attorney: This only takes effect when certain conditions are met, such as if you become incapacitated.
A Power of Attorney can be useful in various situations, such as when you are traveling and need someone to handle your affairs, when you are unable to handle your affairs due to illness or injury, or when you want someone to act on your behalf in a specific matter.
Advance Medical Directive
In Virginia, an Advance Medical Directive is a legal document that allows an individual to make decisions about their medical care in advance, in case they become unable to make decisions for themselves due to illness or injury. The Advance Medical Directive can include a Living Will and/or a Healthcare Power of Attorney.
A Living Will is a document that specifies an individual’s medical treatment preferences in the event that they are unable to make decisions for themselves. In Virginia, a Living Will can be used to direct whether or not certain life-sustaining treatments, such as feeding tubes or ventilators, should be used if the individual has a terminal condition or is in a persistent vegetative state. In addition, a Living Will can include directions for the donation of organs and cremation and/or burial instructions.
A Healthcare Power of Attorney is a legal document that designates a trusted person to make medical decisions on behalf of the individual if they are unable to do so themselves. The designated person is called a “healthcare agent” and they will have the authority to make medical decisions according to the individual’s wishes as outlined in the Advance Medical Directive. In addition, a Healthcare Power of Attorney typically includes a HIPAA authorization that permits your treating medical providers to disclose personal health information to your agent.
To create an Advance Medical Directive in Virginia, the individual must be at least 18 years old and of sound mind. The Advance Medical Directive must be in writing, signed by the individual and two witnesses, and may be notarized. The witnesses must be at least 18 years old and not related to the individual by blood, marriage, or adoption.
It is important to review and update an Advance Medical Directive periodically to ensure that it reflects the individual’s current wishes and preferences. In Virginia, an Advance Medical Directive can be revoked at any time, as long as the individual is of sound mind and capable of making decisions.
For both the POA and the AMD, it is important to choose an agent who you trust and who will
act in your best interests. You should also consult with an experienced estate planning lawyer to ensure that these documents are properly drafted and executed. We serve families living in Virginia, the District of Columbia, and Maryland. Call us at 571-500-7334 or send us an email at matt@degioialaw.com to schedule your initial consultation today!