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Powers of Attorney & Healthcare Directives—Plan for the Unexpected
A Power of Attorney (POA) lets you appoint someone you trust to handle important financial or legal matters if you’re unable to act. Paired with a Healthcare Directive (also known as a Living Will), these documents ensure your wishes are honored—no matter what the future holds. Lemmon & Hale helps Virginia families put these vital protections in place with clarity and compassion.
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What Is a Power of Attorney? Why Does It Matter?
A Power of Attorney is a legal tool that lets you name an “agent” to act on your behalf for specific tasks—like paying bills, managing property, or handling legal paperwork—if you’re ever unavailable or incapacitated.
- Durable Power of Attorney: Stays in effect even if you become incapacitated, covering financial and legal matters.
- Medical Power of Attorney (Healthcare Proxy): Lets someone you trust make healthcare decisions for you if you can’t speak for yourself.
- Advance Medical Directive (Living Will): Outlines your medical wishes—such as life support, organ donation, or pain care—if you’re unable to communicate.
Real Scenario:
If you’re in an accident and unconscious, a durable POA lets your agent pay your mortgage and handle urgent financial needs. A healthcare POA means your chosen person—not a court or hospital—makes medical decisions for you, based on your wishes.
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Why Advance Directives & POAs Are Essential—At Any Age
Accidents and sudden illness can happen to anyone. Without these documents, your family may need to go to court to be appointed as your guardian—an expensive and stressful process that can delay vital decisions. Less than 30% of Americans have advance directives, leaving most families vulnerable if something happens unexpectedly.
Choosing the Right Agent—How We Help
Selecting your agent is a personal decision. It’s about finding someone organized, trustworthy, and assertive enough to carry out your wishes under pressure. Our attorneys help you:
- Understand the roles and powers each document gives
- Choose the right person(s)
- Set clear rules for when and how the documents take effect
- Facilitate conversations with loved ones, so everyone is on the same page
Common Questions About POAs & Healthcare Directives
Why do I need a power of attorney?
Without one, even your spouse or adult child can’t act for you without court approval if you’re incapacitated.
What is a healthcare directive (living will) in Virginia?
It’s a document that spells out your medical wishes, like resuscitation or life support, in advance.
What happens if I don’t have a POA and become incapacitated in VA?
Your family may need to seek guardianship—a court process that’s costly, time-consuming, and sometimes contested.
How is power of attorney different from guardianship?
POAs are chosen by you, in advance, and can be tailored to your wishes. Guardianship is imposed by a court if you haven’t planned ahead.
Can I revoke or change my POA?
Yes. As long as you’re competent, you can revoke or update these documents anytime.
How Lemmon & Hale Supports You
We do more than just fill in forms. Our team ensures your POAs and directives:
- Meet Virginia’s legal requirements for validity and enforceability
- Are notarized and witnessed correctly
- Are fully customized to your needs and family dynamics
- Include practical advice for talking with your agent and loved ones
If you’re caring for an aging parent or a loved one who may lose capacity, we also advise on guardianship and incapacity planning. (See our Guardianships & Conservatorships page for details.)
Powers of Attorney—A Key Part of Estate Planning
POAs and advance directives are a core part of any estate plan. If you haven’t set up your full estate plan yet, see our Estate Planning page to learn how all the pieces work together to protect you and your family.
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Ready to Protect Yourself and Your Loved Ones?
Putting a Power of Attorney and Healthcare Directive in place is one of the simplest—and kindest—things you can do for your family. We’ll guide you through each step, so you feel secure, in control, and ready for whatever comes next.
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