If you want to give somebody the legal permission to make certain decisions on your behalf in Winchester, Virginia, you are giving them "power of attorney." There are many different types of power of attorney, to be discussed in more detail below, but they all boil down to one common element: the power of one person to make decisions for another. I'm sure you can think of many reasons why somebody might want to give this power to another person, particularly in the medical context (in case the grantor becomes incapacitated, for example).

The principal is able to dictate the particular scope of the attorney-in-fact's authority. If you are giving someone power of attorney, you're probably planning on giving it to a close friend, family member, or life partner. The exact scope of the power is up to you, and will depend on what your goals are.

For instance, if you have very particular desires for your end-of-life care, but are worried that you won't be able to express your wishes when the time comes, you can grant someone power of attorney in advance, so they'll be able to ensure that your wishes are carried out, if necessary. You should draft an agreement giving the attorney-in-fact power of attorney only in the event that you actually become incapacitated. Presumably, if you are able to make and express your own medical decisions, you'll want to do it yourself.

In Winchester, Virginia, you can sometimes find pre-printed forms that let you easily draft a power-of-attorney agreement. However, if your situation is particularly complex, you should probably have a lawyer draft it for you, to ensure that the agreement is enforceable, or that there are no surprises.

Types of Power of Attorney Arrangements in Winchester, Virginia

There are 3 power-of-attorney schemes that can be set up in Winchester, Virginia. Which one is best for you will largely depend on your goals, and your individual situation. They are:

1. Limited power of attorney - this lets the attorney-in-fact exercise limited authority in a single transaction. It is useful, for instance, if someone is buying property in another state, and the deal is nearly complete, but a few documents need to be signed. The buyer could give a resident of that state power of attorney, allowing him or her to complete the transaction on the buyer's behalf. Conveniently, the power automatically terminates when the transaction is complete.

2. Durable power of attorney - unlike limited power of attorney, discussed above, this does not automatically expire, though the principal can dissolve it at any time. It is usually not limited to a single transaction, either. Rather, it covers a broader subject matter, though it still has limits. For instance, you could give someone durable power of attorney to make medical decisions for you, but they would only be allowed to act in that context.

3. Springing power of attorney - this is a lot like durable power of attorney, but it does not usually take effect immediately. Rather, the power vests on the occurrence of certain condition(s) laid out by the principal. The principal could make the condition anything he or she wants, allowing power of attorney to vest only if, say, a person flies to Saturn. Of course, these arrangements are usually not so outlandish. Usually the event that must take place is the principal becoming incapacitated. This allows the principal to make his or her own decisions while they're able, but also ensures that someone they trust will be able to carry out their wishes in the event that they become too sick or weak to express them.

Can a Winchester, Virginia Lawyer Help?

Setting up a power of attorney arrangement in Winchester, Virginia can be easy, but it can also be very perplexing. It just varies on what you're trying to do. However, if you are at all unsure about how to proceed, it would probably be a good idea to have an attorney draft the agreement for you.

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