Legal Question in Wills and Trusts in Virginia

Re: power of attorney/ other

That's what you need as to the property, money, land.

You want to make sure it is a DURABLE power of attorney, so that your mother's incapacity will not invalidate it.

So it has to be properly written to survive even if your mother is mentally confused or unconscious. An ordinary (or poorly written) power of attorney might become invalid upon the principal's incapacity.

It also needs to be clear enough as to what it empowers you to do.

Often you will have to satisfy banks or other people with your power of attorney. So it is not so much a question of what is 'right' legally as what a bureaucratic institution that you have to deal with will accept. So you might want to check with the institutions involved with your mother's finances to see what they need.

Of course, taking on a power of attorney makes you a fiduciary like a trustee and carries a heavy burden to exercise your power for the best interest of the principal, your mother. Keep careful records and take care with it.

As to her personal health issues, you need to get a power of attorney for medical care and an advanced medical directive.

If she is already deterioriating, you may have difficulty with her being legally able to execute these documents.

If she has lucid moments, you should have witnesses with you that she was aware and understood what was going on during those times. You could be challenged that she did not know what she was doing when she signed.

If she does not have lucid moments, you would need to get a court to appoint you as guardian.