Power of Attorney (POA) 

A durable general power of attorney lets an appointed agent handle the grantor’s finances from the moment of signing, though temporary or permanent periods of the grantor’s incapacity.

This can be an essential document when a sudden illness or injury occurs. By already having a power of attorney signed and ready, the trusted agent can access bank accounts and finance to care for the grantor. 

The most common questions we receive about the Power of Attorney provided is:

Why does Custom Estate Planning provide the original, but no copies of the Power of Attorney? 

We provide a Durable General Power of Attorney; it takes effect at the time you sign the document. If your agent has the original or a certified copy, they can perform any powers authorized to them in the document. Requiring proof of incapacity would limit the effectiveness of the document, but this is a lot of power to appoint an agent. 

We advise that you keep the document secure by not allowing anyone to access it. You can then let your agents know you have an estate plan in place, but there is no need to give them a copy. If you ever create a new one you should destroy the previous versions and any copies. 

Custom Estate Planning provides a Power of Attorney in both the Will Package and the Trust Package, but it can also be created as a stand-alone document upon request.

(*Please note that the information on this page is Virginia specific)