Some Important Aspects of Virginia Elder Law and Power of Attorney

Elder Law is a branch of legal practice that has expertise in handling issues that affect the elderly population. Various fields of Law come under elder Law. Some of them are appeals for social security and disability, Medicare claims, long-term and supplemental health insurance concerns, Medicaid, power of attorney, and preservation and transfer of assets.

Besides this, one might need to look for an elder abuse attorney near me for disability planning, resolving matters related to guardianships, estate planning, probate administration, housing issues, employment issues, and more.

Since the Elder Law encompasses various fields of Law, most attorneys practicing the Elder Law are proficient at handling only a few of them. When hiring an elder law lawyer, go for the one who has expertise in handling matters that concern you.

Why should one hire an elder law attorney?

Attorneys working with the elderly have expertise in representing the elderly in legal matters. Besides expertise, they have extensive knowledge of the elderly, how aging mentally and physically affects them, and the financial hardship they may face. They have an understanding of how aging can render a person to disable and present real-life problems. They also work with eldercare professionals like social workers who may be some assistance to the elderly.

What is a power of attorney?

A power of attorney is a legal document that permits someone else to act on your behalf when you can’t administer your estate on your own. In a power of attorney, one may choose to include special provisions allowing the agent to undertake Public Benefits Planning or Asset Protection Planning.

Anyone over the age of 18 years of age can create a power of attorney. Besides, one should be a resident of the state where a power of attorney has been created and legally competent. Various states in the U.S. have different requirements for the creation of power of attorney.

A power of attorney can become effective depending on the closure given in the document. A power of attorney can come into effect at the time of signing the document or at the time when you incapacitate.

Who is an agent in a power of attorney?

You can name anyone an agent who is over 18 years of age and legally competent in a power of attorney. Typically, people choose someone from their families, like children or a spouse, as an agent. Naming two or more agents in a power of attorney can present inconvenience in effectively executing the will. When assigning an agent, it’s best to name one as an agent and keep an alternate.

How is the general power of attorney different from a limiter power of attorney?

Agents named in a general power of attorney have the authority to do everything on behalf of the person. On the other hand, agents named in a limited power of attorney can only execute tasks that are specified in the document.

What are the powers vested upon the agent?

Whoever you choose as your agent has the power to oversee all the transactions that concern you, and they can sign any documents on your behalf.