Power of Attorney, Advance Healthcare Directives, and Living Wills: Getting Your Incapacity Planning Right

When people think of estate planning, they often focus only on what happens after death: who inherits property, how assets are managed, and how to avoid probate. But a complete estate plan must also prepare for the possibility of incapacity during your lifetime. If illness, injury, or age prevents you from making your own financial or medical decisions, who will speak for you? The answer lies in three essential documents: powers of attorney, advance healthcare directives, and living wills.

Power of attorney: Managing your finances

A power of attorney (POA) is a legal document that authorizes another person (called your “agent” or “attorney-in-fact”) to act on your behalf. This authority can be broad or narrow, depending on how the document is written.

• Durable Power of Attorney – This remains effective even if you become incapacitated. It allows your agent to handle banking, pay bills, manage investments, file taxes, and more.
• Limited or Specific Power of Attorney – Grants authority only for a particular purpose, such as signing documents during a real estate transaction.

Without a POA, your family may need to petition the court for a guardianship or conservatorship to manage your finances, a time-consuming and costly process. By appointing a trusted agent now, you ensure continuity and avoid unnecessary legal hurdles. 

Advance healthcare directives 

An advance healthcare directive (sometimes called a healthcare proxy or medical power of attorney) names a specific person to make medical decisions for you if you cannot communicate. This individual will work with your doctors to decide on your treatment, surgery, medications, and care options.

The advantage of an advance directive is that it ensures that your healthcare wishes are respected even when you can’t advocate on your own behalf. Choosing the right individual is important. Your agent should understand your values, respect your decisions, and be able to handle stressful medical situations.

Living wills: Put your end-of-life choices in writing

A living will is different from your last will and testament. Instead, it is a written statement of your preferences for end-of-life medical care. It addresses questions such as:

• Do you want to be kept alive on a ventilator if there is no reasonable chance of recovery?
• Would you want artificial nutrition or hydration in a permanent unconscious state?
• How aggressively should doctors treat pain and prolong life?

By documenting these choices in advance, you relieve your loved ones of the burden of making painful decisions during an already difficult time.

Why do these documents matter?

Together, these three tools provide a safety net. They allow you to:

• Maintain control over your finances and medical care, even if you cannot speak for yourself.
• Reduce conflict among family members by making your wishes clear.
• Avoid expensive court proceedings for guardianship or conservatorship.

Talk to a Virginia Beach, VA, Estate Planning Attorney Today

The Law Office of Angela N. Manz represents the interests of Virginia Beach residents who are planning their estates. Call our Virginia Beach estate planning lawyers today to schedule an appointment and learn more about how we can help.