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Virginia General Durable Power of Attorney for Property and Finances...

General Durable Power Of Attorney Form For Health Care

Q: What is the difference between a living will and a durable power of attorney for healthcare quizlet?

A living will is a directive that declares the patient&#039;s wishes should the patient become unable to give instruction. A durable power of attorney identifies a person who will make healthcare decisions in the event the patient is unable to do so.

Category:

Power of Attorney - General

State:

Virginia

Control #:

VA-P003

Format:

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Description

This General Durable Power of Attorney for Property and Finances Effective upon Disability form is a general, durable power of attorney which is effective ONLY upon the principal's disability, incompetency or incapacity. You can use this form to appoint an attorney-in-fact (agent) to make decisions regarding property, financial, management, banking, business and other matters for you. The powers granted to an Agent in this Power of Attorney are very broad, but do NOT provide for health care services.

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How to fill out Virginia General Durable Power Of Attorney For Property And Finances Or Financial Effective Upon Disability?

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FAQ

A Health Care/Advanced Directive allows you to appoint a healthcare agent to make healthcare decisions for you (the principal). Your agent only makes decisions for you if you have lost capacity, unless you state otherwise in the document.

A Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. It gives that person (called your agent) instructions about the kinds of medical treatment you want.

Durable power of attorney for health care is a legal document that gives another person the authority to make a medical decision for an individual. The person named to represent the individual is referred to as an agent or attorney-in-fact.

-A durable power of attorney for health care is a document that allows a person, a principal, to give another person, an agent, the right to make decisions regarding the principal's health care if the principal is unable to make decisions or communicate because of severe illness or injury.

A living will is a directive that declares the patient's wishes should the patient become unable to give instruction. A durable power of attorney identifies a person who will make healthcare decisions in the event the patient is unable to do so.

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General Durable Power of Attorney for Property and Finances or Financial Effective upon Disability

Power of Attorney and Health Care - General - Virginia

Whenever any power of attorney or other writing, in which any principal shall vest any power or authority in an attorney-in-fact or other agent, shall contain the words "This power of attorney (or his authority) shall not terminate on disability of the principal" or other words showing the intent of the principal that such power or authority shall not terminate upon his disability, then all power and authority vested in the attorney-in-fact or agent by the power of attorney or other writing shall continue and be exercisable by the attorney-in-fact or agent on behalf of the principal notwithstanding any subsequent disability, incompetence, or incapacity of the principal at law. All acts done by the attorney-in-fact or agent, pursuant to such power or authority, during the period of any such disability, incompetence or incapacity, shall have in all respects the same effect and shall inure to the benefit of, and bind the principal as fully as if the principal were not subject to such disability, incompetence or incapacity. If any conservator or committee shall thereafter be appointed for the principal, the attorney-in-fact or agent shall, during the continuance of such appointment, account to such conservator or committee as he would otherwise be obligated to account to the principal.

The appointment of a conservator or committee pursuant to Title 37.1 shall not of itself revoke or limit the authority of the attorney-in-fact or other agent. However, in a proceeding in which the attorney-in-fact or other agent is made a party, the court which appointed the conservator or committee may revoke, suspend, or otherwise limit such authority. Furthermore, where no conservator or committee has been appointed, the circuit court of the city or county where the principal resides or is located, in a proceeding brought by a person interested in the welfare of the principal, and in which the attorney-in-fact or other agent and the principal are made parties, may terminate, suspend, or otherwise limit the authority of the attorney-in-fact or other agent upon a finding that such termination, suspension or limitation is in the best interests of the principal or his estate.

No agency created by a power of attorney in writing given by a principal shall be revoked or terminated by the death or disability of the principal as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, has acted or acts, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the principal or the heirs, devisees, legatees or personal representatives of the principal.

(b) An affidavit, executed by the attorney in fact or agent, setting forth that he has not, or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death, disability or otherwise, or notice of any facts indicating the same, shall, in the absence of actual knowledge to the contrary on the part of the person to whom such representations are made, be conclusive proof of the nonrevocation or non-termination of the power at the time of the representation in an action by or against the person to whom the representation was made. If the exercise of the power requires execution and delivery of any instrument which is recordable under the laws of this Commonwealth, such affidavit when authenticated for record in the manner prescribed by law shall likewise be recordable.

This section shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney. Unless a power of attorney provides for a termination date which has occurred, the lapse of time since its execution shall not affect its validity or any actions taken thereunder. Whenever any member of the armed services of the United States shall have executed a general power of attorney, the fact that such person has been reported or listed, officially or otherwise, as "missing in action," as that phrase is used in military parlance, such status designation as "missing in action" shall not operate to revoke such power of attorney, unless such revocation be contained within the instrument creating the power.

The grant of power or authority conferred by a power of attorney or other writing in which any principal shall vest any power or authority in an attorney in fact or other agent shall, if such writing expressly so provides, be effective only upon (i) a specified future date, (ii) the occurrence of a specified future event or (iii) the existence of a specified condition which may occur in the future.

In the absence of actual knowledge to the contrary, any person to whom such writing is presented shall be entitled to rely on an affidavit, executed by the attorney in fact or agent, setting forth that such event has occurred or condition exists.

If any power of attorney or other writing (i) authorizes an attorney-in-fact or other agent to do, execute, or perform any act that the principal might or could do or (ii) evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or deal with the principal's property, the attorney-in-fact or agent shall have the power and authority to make gifts in any amount of any of the principal's property to any individuals or to organizations described in §§ 170 (c) and 2522 (a) of the Internal Revenue Code or corresponding future provisions of federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts.

Subsection A shall not in any way impair the right or power of any principal, by express words in the power of attorney or other writing, to authorize, or limit the authority of, any attorney-in-fact or other agent to make gifts of the principal's property.

After reasonable notice to the principal, an attorney-in-fact or other agent acting under a durable general power of attorney or other writing may petition the circuit court for authority to make gifts of the principal's property to the extent not inconsistent with the express terms of the power of attorney or other writing. The court shall determine the amounts, recipients and proportions of any gifts of the principal's property after considering all relevant factors including, without limitation, (i) the size of the principal's estate, (ii) the principal's foreseeable obligations and maintenance needs, (iii) the principal's personal history of making, or joining in the making of, lifetime gifts, (iv) the principal's estate plan, and (v) the tax effects of the gifts.

An attorney-in-fact or other agent empowered to act under § 11-9.1 shall, on reasonable written request made by a person interested in the welfare of a principal who is unable to properly attend to his affairs, as set forth in § 37.1-134.22, disclose to such person the extent to which he has chosen to act and the actions taken on behalf of the principal within the two years prior to either (i) the date of the request or (ii) the date of the death of the principal, if the principal is deceased at the time such request is made, and shall permit reasonable inspection of records pertaining to such actions by such person unless such disclosure or inspection is specifically prohibited by the terms of the instrument under which he acts. In all cases where the principal is deceased at the time such request is made, such request shall be made within one year after the date of the death of the principal.

General Durable Power of Attorney for Property and Finances or Financial Effective upon Disability

General Durable Power Of Attorney Form For Health Care

Description

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Trusted and secure by over 3 million people of the world’s leading companies

General Durable Power Of Attorney Form For Health Care

Description

Related forms

Viewed forms

How to fill out Virginia General Durable Power Of Attorney For Property And Finances Or Financial Effective Upon Disability?

Form popularity

FAQ

What is a durable power of attorney for health care California?

What is the correct statement regarding a durable power of attorney for health care?

What does Durable power of attorney mean in medical terms?

What is a durable power of attorney for health care quizlet?

What is the difference between a living will and a durable power of attorney for healthcare quizlet?

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