By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office
As an estate planning attorney serving Dumfries and the surrounding Prince William County area, I often meet seniors who have worked their entire lives to build financial security yet haven’t taken the final step to protect it.
Estate planning isn’t just about wills or property.
It’s also about ensuring your voice is heard if you can’t speak for yourself.
That’s where Powers of Attorney and Advance Medical Directives come in.
What a Durable Power of Attorney Does
A Durable Power of Attorney (POA) allows you to appoint someone, called an agent or attorney-in-fact, to handle your financial matters if you become incapacitated.
This person can manage your bank accounts, pay bills, handle property sales, and make critical financial decisions in your best interest.
In Virginia, the word durable means the document stays valid even if you lose mental capacity. Without it, your family may have to petition the court for guardianship, which can take months and cost thousands of dollars.
When drafting these documents for my clients in Dumfries, I always remind them: the person you name must be someone you trust entirely.
That trust is the foundation of your protection.
How a Medical Directive Protects Your Health Decisions
An Advance Medical Directive (AMD)—sometimes called a living will, lets you spell out your healthcare wishes and name a trusted person to make medical decisions if you can’t.
This is especially important for seniors who wish to have their preferences respected regarding life support, surgery, or end-of-life care. In Virginia, your directive can include:
- Preferences about life-sustaining treatment
- Organ donation instructions
- Your chosen healthcare agent’s contact information
- Additional written notes for specific medical scenarios
Having this document recorded and shared with your family and doctors ensures there’s no confusion or disagreement during critical moments.
Choosing the Right Agents
For both financial and medical powers, you’re naming people who will step into your shoes when you can’t act for yourself. For many Dumfries clients, that’s a spouse, adult child, or lifelong friend.
When I help clients choose their agents, I recommend asking three questions:
- Do I trust this person absolutely?
- Can they make clear, calm decisions under pressure?
- Will they follow my wishes—even if others disagree?
If the answer is yes, you’ve likely found the right person.
Meeting Virginia’s Legal Requirements
In Virginia, both documents must meet specific legal standards:
- They must be signed and notarized to be valid.
- The Power of Attorney must comply with the Virginia Uniform Power of Attorney Act.
- The Advance Medical Directive should follow the Virginia Health Care Decisions Act.
- Copies should be provided to your healthcare providers, family, and any financial institutions involved.
Failing to follow these requirements could invalidate your documents and create legal complications later.
My Advice for Dumfries Seniors
If you live in or around Dumfries, the best time to prepare these documents is now, before a health event or crisis happens.
When you wait, your options narrow, and the people you love are left guessing what you would have wanted.
Creating a Durable Power of Attorney and an Advance Medical Directive is not just a legal formality; it’s an act of love.
It keeps your family out of court and your affairs under your control.
Final Thoughts
I’ve seen too many families struggle through court petitions and medical conflicts simply because these documents weren’t in place.
As your estate planning attorney, my goal is to help you avoid that burden.
If you’re a resident of Dumfries and ready to take this critical step, I invite you to contact my office.
Together, we’ll ensure your health, finances, and peace of mind are fully protected.
Call Shin Law Office today at 571-445-6565 or use our online contact form to schedule a consultation with me.
— Adam L. Engel, Esq.
Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
