By | Shafeek Seddiq
The COVID-19 has created fear and uncertainty in our lives, and with thousands falling ill, it has also raised some legal questions. One of those legal questions is: Do I need a Power of Attorney (POA) if I get sick?
POAs are applicable when a person is still alive but not physically or mentally able to understand or make decisions, whether they are financial, health, or otherwise. POAs also are used when a person is in the Military or on a long trip abroad so that someone back home can make decisions on his/her behalf. These decisions could include taking care of bills, bank accounts, children, or real property.
Without a POA, it may be necessary to have the court appoint a guardian to represent the person, as even a spouse or a partner in some situations may not be able to act on the person’s behalf. Petitioning the court to assign a guardian can be time consuming and costly. To avoid such an inefficient and costly situation, a better and smart option is to have a POA already executed before anything happens because of COVID-19, an accident, other sickness or travel abroad.
- POA is a legal document in which a principal (you) who is still alive and competent gives another person, called the agent or attorney-in-fact, the authority to take action and make decisions on your behalf. A POA could be general or specific and limited.
- The principal can name anyone as agent or attorney-in-fact. In the case of married people or those who have partners, spouses will name each other, then child or children as successor agents in the event the spouse dies or is unable to act. Singles can name anyone they wish as agent.
- POA terminates upon the time it says it should terminate, or the principal dies, or the purpose is accomplished, or it is revoked, or the agent dies or is incapacitated.
- Financial POA is used to take care of all matters related to the finances including bank accounts, taking care of bills, income, amongst others.
- Advance Medical Directive is used so the agent can make decisions on whether to consent to or refuse or withdraw consent to any type of medical care, treatment or surgical procedure, diagnostic procedure, medication, etc., based on the principal’s wishes and religious beliefs. The agent is authorized to withhold or terminate any medical procedures that prolongs life artificially when the principal is comatose or in a persistent vegetative mental state.
It is best to speak with an attorney to explain or draft one specific to your wishes and needs and pursuant to the laws of Virginia. If you have questions about the Powers of Attorney or Estate Planning, please feel free to contact me at: shafeek@seddiqlawfirm.com or 703-558-9311 or through Facebook at https://www.facebook.com/SeddiqLaw/?modal=admin_todo_tour