General Durable Power of Attorney for Property and Finances or Financial Effective Immediately - Virginia 2025

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If you execute a general POA, one of the biggest potential disadvantages is that your Agent has the ability to devastate you financially. With a general POA your Agent can withdraw funds from all your financial and investment accounts, sell your property, and even enter contracts in your name.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
This section of the advance directive form is called a Durable Power of Attorney for Health Care. It lets you appoint a specific person to make health care decisions for you in case you cant make decisions for yourself anymore. This person will be called your Health Care Agent.
What does power of attorney durable mean? A durable POA gives someone else legal authority to act on your behalf, and it continues in force even if you lose your mental capacity. Financial POAs give your agent financial powers that may include managing your assets, paying bills, and buying and selling real estate.
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One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
In Virginia, most powers of attorney dont need to be recorded unless they involve real estate transactions. If your agent will manage or sell real estate on your behalf, the power of attorney must be recorded with the circuit court in the county where the property is located.

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