A Virginia resident may find themselves in a position where they want or need to amend a power of attorney. This may be necessary if there is a need to change the name of an agent or alternate agent. The agent is the person who is granted the authority to make decisions on the estate owner’s behalf as per the power of attorney document. In the event that changes need to be made, the document should be replaced as opposed to amended.
This is because an outside party such as a bank won’t want to make errors that it could be liable for. Therefore, it may be best to avoid the perception that a change could be fraudulent by creating a new document. Where an individual is located may also determine whether or not a power of attorney can be amended as opposed to replaced.
In some states, a medical power of attorney cannot be amended. In the event that changes are made, those who may be impacted by the change should be notified. For instance, someone who is named as an alternate agent or removed as a primary agent needs to be notified in a timely manner. This can work to avoid confusion if an individual becomes incapacitated and needs someone to make medical or financial decisions.
With a power of attorney, an individual may retain control over their finances or health care even if they are incapacitated. Anyone living in Virginia who needs help with a power of attorney document may want to consult with a legal professional. A lawyer could answer questions about how to create or change such a document in a proper manner. Furthermore, a legal professional may be able to act as an individual’s medical or financial agent.