Legal Question in Wills and Trusts in Virginia
Power of Attorney
My grandmother is in the nursing home. Some days she is coherent, but most days not. My Uncle was advised to obtain POA for her. The nursing home advised that he can obtain the POA from the local Office Max. He had since purchased the papers. My question is...is this legally binding? Or does he need to actually go through an attorney and the courts to make it legally binding?
I would greatly appreciate any help! Thank you!
2 Answers from Attorneys
Re: Power of Attorney
POA's(Powers of Attorney) require neither a court nor an attorney but the latter can be useful in making sure that the particular language of the
document used accurately and correctly reflects the particular facts for the situation which the POA will be used to address.
Re: Power of Attorney
Any legal document can be legally binding without an attorney. However, if you get it wrong, then it might not be legally binding or legally effective.
In the case of a Power of Attorney, you may have a problem if she is often not lucid. If she signs a legal document while not being coherent, it will have no legal effect, whether you have an attorney or not. If she signs it during a coherent moment, how do you prove that? You will need to have witnesses who can attest to the fact that she was lucid when she signed it.
You also must have a DURABLE power of attorney that is propertly written. Some Powers of Attorney may EXPIRE (by action of law) as soon as the principal is no longer mentally competent, unless they are written correctly. It must be a durable power of attorney.
Furthermore, you probably want several documents, not just one, such as an advance medical directive, living will, etc., etc.
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