Legal Question in Family Law in Virginia
I have a 34 year old adult child whom I wish to never have any opportunity to exercize any type of decision on my behalf should I become in any way incapacitated. I have already "disowned" her in my will, but I want to make sure that she can never make any legal or medical decisions on my behalf or attempt in any way to gain control over my assets. What is necessary?
2 Answers from Attorneys
Your best course of action is to execute a durable power of attorney and an advance medical directive naming the person or persons you wish to act on your behalf, and specifically requesting in those documents that if a guardian or conservator is needed that your agent serve as such, and do that now. You may wish to have these documents held by a reliable, neutral party with directions NOT to deliver to your chosen agent until you request that it be done or if you are medically determined to be incapacitated. Even if the "disowned" child should attempt to go to court to be declared your guardian or conservator, your desires should take precedence, unless your agent is acting wrongfully. The cost of these documents is relatively low, and, under the circumstances, you should consider hiring an attorney to prepare them to accomplish what you're trying to accomplish.
Properly composed and executed advanced medical directives should
take care of any future medical issues which may be of concern to you.
As for legal concerns, a durable power of attorney given to a person in whom
you have absolute confidence before you become incompetent to execute
such a document should be sufficient to bar any attempts by this "34 year
old adult child" to petition the circuit court for a conservatorship
or guardianship over your person.
Furthermore, you may wish to arrange for a consultation with
an attorney who specializes in estate planning issues
who may be able to further advise you on these matters.