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Power of Attorney
My mother had a durable legal power of attorney made by a lawyer in VA, with me (her daughter) as agent.

My mother had a durable legal power of attorney made by a lawyer in VA, with me (her daughter) as agent.

Q: What is the statute for durable power of attorney in Virginia?

In Virginia, the statute governing durable powers of attorney is found in the Virginia Code § 64.2-1600. This law outlines the requirements for creating a durable power of attorney and the powers granted to the agent. It is important to follow these legal guidelines to ensure the document is valid and enforceable.

Full question:

My mother had a durable legal power of attorney made by a lawyer in VA, with me (her daughter) as agent. Seven years later, her lawyer told me he would not give me a copy of the original . What can I do about this? My mother is 95 years old and some of the things I do for her require the original document.

Category: Power of Attorney
Date: 04/07/2025
State: Virginia

Answer:

Makes no sense for you to not have the original or certified copy of a recorded one.

General comments about a power of attorney:

Get multiple originals signed if you can, although one is enough. There may be occasions that someone will require you to leave an original (the odds of getting it back are not good) or it may get lost or destroyed accidentally. Backups are good. If anyone wants to keep an original, point to the very last paragraph which specifically states that a copy is just as good as an original.

Suggestion: if you only have one Original power of attorney, take it AT ONCE to the Clerk of the Circuit Court (in Virginia; in other states probably where deeds or wills are recorded), and record it. That way, if you lose the original, a copy certified by the Clerk as being from her/his records will usually work in its place.

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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a durable power of attorney have to be activated?

A durable power of attorney does not need to be activated like a regular power of attorney. It becomes effective immediately upon signing, unless specified otherwise in the document. This means the agent can act on behalf of the principal right away, even if the principal is still capable of making decisions. However, some people choose to have it activated only upon a specific event, such as the principal's incapacity. Always check the terms outlined in the document for specific conditions.

What does 'durable' mean on a power of attorney?

'Durable' means that the power of attorney remains in effect even if the principal becomes incapacitated. This is crucial for ensuring that the agent can continue to make decisions on behalf of the principal when they are unable to do so themselves. In contrast, a non-durable power of attorney would terminate upon the principal's incapacity. The durability is typically specified in the document itself.

What is the statute for durable power of attorney in Virginia?

What is the difference between durable and normal power of attorney?

The main difference between a durable and a normal power of attorney is the durability aspect. A durable power of attorney remains effective even if the principal becomes incapacitated, allowing the agent to continue making decisions. In contrast, a normal power of attorney ceases to be effective upon the principal's incapacity. This makes durable powers of attorney more suitable for long-term planning.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney generally cannot make decisions regarding: 1) personal matters that the principal has not authorized, such as marriage or divorce; 2) decisions about the principal's own medical treatment if the document does not specify medical authority; and 3) decisions that are illegal or against public policy. It’s essential to review the specific powers granted in the document.

What are the disadvantages of a durable power of attorney?

Some disadvantages of a durable power of attorney include the potential for abuse by the agent, as they have broad authority to make decisions. Additionally, if the principal's situation changes, revoking the power of attorney can be complicated if the principal is incapacitated. Furthermore, some institutions may not accept a power of attorney if it is not properly executed or if they have concerns about its validity.