A Power of Attorney is another tool that can be used as part of decision-making. Under a POA, a person with a disability (called the “principal”) gives another trusted person (called the “agent”) legal authority to act on their behalf in certain areas.
A POA does not take away a person’s rights. The individual remains in charge and can continue making their own decisions. The POA simply allows someone else to also act on their behalf in the areas outlined in the document.
There are different types of Powers of Attorney, depending on what support is needed:
- Educational POA – Allows a parent or other trusted person to access educational records and participate in educational decision-making after the student turns 18.
- Healthcare POA – Allows someone to make medical decisions if the individual is unable to do so.
- Financial POA – Allows someone to manage money, pay bills, sign contracts, or handle financial matters.
- General POA – Gives broader authority that may include multiple areas (financial, legal, business, etc.).
Some POAs are effective immediately and remain in place unless revoked. Others are “springing,” meaning they only take effect if a specific event occurs, such as the person becoming incapacitated.
A POA can be limited or broad. It can give authority for specific tasks (for example, signing lease documents) or more ongoing responsibilities. It should be carefully written to reflect the individual’s needs.
For a POA to be valid, the person signing it must be legally competent. This means they understand:
- What a Power of Attorney is
- What decisions they are allowing the agent to make
- The consequences of granting that authority
If a person does not understand what they are signing, the POA may not be valid.
A POA can be revoked (cancelled) at any time as long as the person remains competent. It ends automatically at death.
Important Things to Consider
- A POA does not require going to court.
- It is typically less restrictive than guardianship.
- It can be tailored to specific needs.
- It works best when there is trust between the individual and the agent.
Some families use a POA along with a Supported Decision-Making Agreement. Others use it instead of pursuing guardianship.
Because Powers of Attorney create legal authority, families may wish to consult an attorney to ensure the document meets Virginia requirements and reflects the individual’s wishes.
Additional Resources
Supported Decision-Making Resources – disAbility Law Center of Virginia
Virginia Power of Attorney Statute: Key Rules and Requirements – LegalClarity
