The Role of Lawyers in Child Power of Attorney Situations

Virginia has several types of powers of attorney.
Powers of attorney can give another person the ability to make decisions for you when you cannot.
Use a power of attorney to give a trusted family member or friend as much or as little power as you deem appropriate.
Financial powers of attorney and medical powers of attorney are two separate documents, and both are important to have.
The granting parent and the accepting agent must both sign and notarize a power of attorney.

If you cannot act on your behalf, whether it be due to a medical situation or incapacitation, you want someone you trust to make decisions in your best interest in your stead. If you have yet to designate a person to serve as your power of attorney in Virginia, decision-making power will likely revert to the state.

Our Online Child Power of Attorney Services

Montagna Law, a full-service Hampton Roads law firm, provides several services related to family law, including:

Contested divorce
Uncontested divorce
Uncontested divorce with name change
Child support and parenting time
Spousal maintenance
Child power of attorney
Adult adoption
Second parent adoption
Stepparent adoption

Eligibility for Creating a Child POA Online

In order to create a child POA online, you must be the parent or legal guardian and must provide the following:

Each child’s full legal name
Each child’s date of birth
The proposed agent’s full legal name
The proposed agent’s full residential address
The proposed agent’s phone number
The effective duration of the POA, which cannot exceed 180 days, unless the parent will be deployed with the United States Armed Forces

Online Child POA Process

You do not need documents to draft a child’s power of attorney. You only need the information from the above-mentioned section. However, you, as the granting parent, and the accepting agent, must sign and notarize the child’s power of attorney.

Types of Power of Attorney in Virginia

Under Virginia law, there are several different types of power of attorney (POA), and each has specific authorizations from which you can choose. The various types include:

1. Durable

If you become temporarily or permanently incapacitated, a durable power of attorney empowers the individual or financial institution of your choice to step in immediately to make decisions for you. Without a durable power of attorney, the decision of who will serve as your guardian or conservator will likely go to court.

2. Non-Durable

A non-durable POA allows someone to attend to your financial matters, day-to-day investments, or retirement plans. A non-durable power of attorney terminates if you become incapacitated, meaning the agent can no longer make financial decisions on your behalf, thus protecting your interests while you are vulnerable.

3. Limited

People who only want to give specific levels of authority to another individual can choose to do this in a limited power of attorney document. You specify the exact circumstances and level of authority with which your agent can act on your behalf.

4. Springing

A springing power of attorney is designed to only go into effect in certain situations, such as when you are in a severe car accident and cannot make decisions. Another practical use is if you go on a deployment and are not physically present to handle your affairs.

5. General

If you wish to have someone you trust handle almost all of your affairs when you cannot, opting to have a general power of attorney document drawn up is probably in your best interest. This power of attorney goes into effect when you sign it and stays in place until your death or until you revoke the document.

Responsibilities of a Power of Attorney

When you select a person to serve as a power of attorney, they have specific authority but not necessarily in all areas. Most powers of attorney handle affairs related to financial or medical decisions.

Financial Power of Attorney Decisions: The person you select as a power of attorney is granted an agent’s authority to access your bank accounts to pay your bills, file your taxes, and make investment decisions on your behalf. They can also collect debts, manage real estate transactions, and apply for public benefits, such as Social Security, VA benefits, or Medicaid/Medicare.
Medical Power of Attorney Decisions: Your agent has the authority to make healthcare decisions, including hospitalizations, surgery, mental health, home health care, and which providers you use for your care. They can also make important decisions regarding any assisted living or other specialized housing you need. Your medical power of attorney can select the food you eat and determine who bathes you if you cannot perform these daily activities.

There are limits to what powers of attorney can do. A power of attorney cannot initiate changes in your estate planning documents, make decisions after your death, transfer power of attorney responsibilities to someone else, or act in ways that benefit themselves. If you name a co-agent or a successor, that person can take over if the agent no longer wants to serve as the primary.

Naming a Power of Attorney Can Save Your Family Some Grief

It is difficult for you or your family to think about scenarios in which severe injury or illness prevents you from managing your personal affairs. When you establish a power of attorney in Virginia, you empower yourself to choose the person you want to speak on your behalf, make important decisions for you, and oversee that your wishes are honored.

Why Work with Montagna Law

When you choose to work with the experienced family law attorney at Montagna Law, you receive a personalized approach to your issues. Our team is dedicated to guiding you to the best possible results in your family matters.

Hear From Our Clients

“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” – Constance

“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. He was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation” – Tyler

“I would recommend Sam to anyone. Very empathetic. She has a friendly staff on her team. Been working together 2 years and never felt rushed or that she didn’t have time. She is a good attorney, she cares, and she tries for you. Fun and easy to talk to but turns into the beast you need to fight for you in court. Sam is wonderful.” – Kara

Our caring and compassionate attorneys at Montagna Law proudly serve the entire Hampton Roads area, including Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk and Virginia Beach. Our experienced lawyers can offer sound legal advice and help you organize your affairs.

To set up a consultation to discuss your power of attorney documents, contact Montagna Law today at 757-622-8100 or fill out our online contact form.