Legal Question in Wills and Trusts in Virginia
Power of Attorney with Will
Hi -- My husband and I have reciprocal Wills and Unlimited Powers of Attorney in Virginia. Do the Powers of Attorney basically act the same as a Living Will or do we need the Living Wills as well? There are no minor children involved -- just the two of us. Thanks so much for your time!
2 Answers from Attorneys
Re: Power of Attorney with Will
You should have a separate advance medical directive/living will as provided for by specific VA statutes. The power of attorney is not specific enough for the task. An experienced estate planning attorney should be able to prepare these for each of you. If I can be of any help to you, give me a call as I would be please to provide legal support. Please note that my services as an attorney can be engaged only with the execution of an engagement letter. Sincerely, Bob Beatson, 8-7-2001, 8:10 p.m. EDT, Law Offices of Robert Beatson, II 9818 Glynshire Way, Potomac, MD 20854, Tel/Fax 301-340-2951
email: [email protected] website: www.beatsonlaw.com Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills.
Licensed to practice law in: DC, MD, VA, and NY.
Re: Power of Attorney with Will
You need living wills also. The objective of the living will, as you know, is to avoid the use of extraordinary medical procedures when the patient is dying. This conflicts with the doctor's obligation to use whatever methods are available to save the patient. To resolve that conflict, the living will was created by statute, and its statutory language must be followed pretty closely. The typical language in a power of attorney is not adequate to the task, so you need living wills.