What are an Agent’s duties under a Power of Attorney? | Estate Planning and Litigation Attorney | Richmond, Virginia

What are an Agent’s duties under a Power of Attorney? | Estate Planning and Litigation Attorney | Richmond, Virginia
Agent’s duties under a Power of Attorney As the agent appointed through a power of attorney, you are given an enormous amount of trust and responsibility. Most power of attorney documents have special provisions about the scope of representation required of an agent which may be specific to your situation. The following information provides basic requirements of the agent according... Read More

A Springing Power of Attorney May Cause Problems | Ryan C. Young | Richmond, Virginia Estate Attorney

A Springing Power of Attorney May Cause Problems | Ryan C. Young | Richmond, Virginia Estate Attorney
A springing power of attorney is a power of attorney that “springs” into effect when you become “incapacitated”. The idea that your power of attorney would only be able to manage your finances when you are unable to handle them yourself sounds like a good idea, but logistically, it is cumbersome and potentially detrimental to your financial well-being. There are... Read More

Concerns about an Agent acting under a Power of Attorney | Ryan C. Young | Richmond, Virginia Attorney

Concerns about an Agent acting under a Power of Attorney | Ryan C. Young | Richmond, Virginia Attorney
Are you concerned about the actions of a fiduciary acting under a Power of Attorney? There are many instances where someone will come to my office who has concerns about how another party (agent) is managing their funds or the funds of a family member (principal). Unfortunately, many times the concerns are well-founded and the agent is not living up to... Read More

Common Terms in a Virginia Power of Attorney Document | Ryan C. Young | Richmond, Virginia Estate Planning Attorney

Common Terms in a Virginia Power of Attorney Document | Ryan C. Young | Richmond, Virginia Estate Planning Attorney
Springing Power of Attorney A springing power of attorney is a power of attorney that goes into effect at a future time specified in the document. For example, if the principal is determined to be incapacitated and unable to handle his/her own affairs, the Springing Power of Attorney goes into effect.  This arrangement seems like the best option for healthy... Read More

Can an attorney-in-fact (agent) be reimbursed for attorney’s fees? | Ryan C. Young | Richmond, Virginia Attorney

Can an attorney-in-fact (agent) be reimbursed for attorney’s fees?  | Ryan C. Young | Richmond, Virginia Attorney
Acting under a Power of Attorney + Attorney’s Fees An attorney-in-fact is the principal for an individual under a validly executed power of attorney. The term is confusing to some and can be used interchangeably with the word agent. The law governing power of attorney documents is somewhat similar to agency or contract law. In order to determine your rights... Read More

Advance Medical Directives and Do-Not-Resuscitate Orders in Virginia | Ryan C. Young | Richmond, Virginia Lawyer

Advance Medical Directives and Do-Not-Resuscitate Orders in Virginia | Ryan C. Young | Richmond, Virginia Lawyer
Advance Medical Directives and D0-Not-Resuscitate Orders ”every human being of adult years and sound mind has a right to determine what shall be done with his own body,” – Judge Benjamin Cardozo Advance Medical Directives (“AMD”) An Advance Medical Directive (“AMD”), also known as a “living will”, which may become effective immediately or it may “spring” into action upon the... Read More

What should I do if I suspect elder abuse? | Ryan C. Young | Richmond, Virginia Lawyer

What should I do if I suspect elder abuse? | Ryan C. Young | Richmond, Virginia Lawyer
Introduction Our parents and grandparents are going to be around a lot longer than any other generation before them. As a country, we will be faced with the monumental task of managing their care. Because of the graying of the baby-boomer generation, we will also see a rise in the types of elder abuse. Unfortunately, studies show that elder abuse... Read More