
The Role of Lawyers in Child Power of Attorney Situations
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If you cannot act on your behalf, whether it be due to a medical situation or incapacitation, you want someone you trust to make decisions in your best interest in your stead. If you have yet to designate a person to serve as your power of attorney in Virginia, decision-making power will likely revert to the state.
Do not let the Commonwealth make your life decisions for you. Contact a Virginia family law attorney at Montagna Law to schedule a consultation. We can help you to establish your power of attorney (POA) according to your wishes.
Our Online Child Power of Attorney Services

Montagna Law, a full-service Hampton Roads law firm, provides several services related to family law, including:
- Contested divorce
- Uncontested divorce
- Uncontested divorce with name change
- Child support and parenting time
- Spousal maintenance
- Child power of attorney
- Adult adoption
- Second parent adoption
- Stepparent adoption
Eligibility for Creating a Child POA Online
In order to create a child POA online, you must be the parent or legal guardian and must provide the following:
- Each child’s full legal name
- Each child’s date of birth
- The proposed agent’s full legal name
- The proposed agent’s full residential address
- The proposed agent’s phone number
- The effective duration of the POA, which cannot exceed 180 days, unless the parent will be deployed with the United States Armed Forces
Online Child POA Process
You do not need documents to draft a child’s power of attorney. You only need the information from the above-mentioned section. However, you, as the granting parent, and the accepting agent, must sign and notarize the child’s power of attorney.

Types of Power of Attorney in Virginia
Under Virginia law, there are several different types of power of attorney (POA), and each has specific authorizations from which you can choose. The various types include:
1. Durable
If you become temporarily or permanently incapacitated, a durable power of attorney empowers the individual or financial institution of your choice to step in immediately to make decisions for you. Without a durable power of attorney, the decision of who will serve as your guardian or conservator will likely go to court.
2. Non-Durable
A non-durable POA allows someone to attend to your financial matters, day-to-day investments, or retirement plans. A non-durable power of attorney terminates if you become incapacitated, meaning the agent can no longer make financial decisions on your behalf, thus protecting your interests while you are vulnerable.
3. Limited
People who only want to give specific levels of authority to another individual can choose to do this in a limited power of attorney document. You specify the exact circumstances and level of authority with which your agent can act on your behalf.
4. Springing
A springing power of attorney is designed to only go into effect in certain situations, such as when you are in a severe car accident and cannot make decisions. Another practical use is if you go on a deployment and are not physically present to handle your affairs.
5. General
If you wish to have someone you trust handle almost all of your affairs when you cannot, opting to have a general power of attorney document drawn up is probably in your best interest. This power of attorney goes into effect when you sign it and stays in place until your death or until you revoke the document.
Responsibilities of a Power of Attorney
When you select a person to serve as a power of attorney, they have specific authority but not necessarily in all areas. Most powers of attorney handle affairs related to financial or medical decisions.
- Financial Power of Attorney Decisions: The person you select as a power of attorney is granted an agent’s authority to access your bank accounts to pay your bills, file your taxes, and make investment decisions on your behalf. They can also collect debts, manage real estate transactions, and apply for public benefits, such as Social Security, VA benefits, or Medicaid/Medicare.
- Medical Power of Attorney Decisions: Your agent has the authority to make healthcare decisions, including hospitalizations, surgery, mental health, home health care, and which providers you use for your care. They can also make important decisions regarding any assisted living or other specialized housing you need. Your medical power of attorney can select the food you eat and determine who bathes you if you cannot perform these daily activities.
There are limits to what powers of attorney can do. A power of attorney cannot initiate changes in your estate planning documents, make decisions after your death, transfer power of attorney responsibilities to someone else, or act in ways that benefit themselves. If you name a co-agent or a successor, that person can take over if the agent no longer wants to serve as the primary.
Naming a Power of Attorney Can Save Your Family Some Grief
It is difficult for you or your family to think about scenarios in which severe injury or illness prevents you from managing your personal affairs. When you establish a power of attorney in Virginia, you empower yourself to choose the person you want to speak on your behalf, make important decisions for you, and oversee that your wishes are honored.
Why Work with Montagna Law
When you choose to work with the experienced family law attorney at Montagna Law, you receive a personalized approach to your issues. Our team is dedicated to guiding you to the best possible results in your family matters.
Hear From Our Clients
“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” – Constance
“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. He was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation” – Tyler
“I would recommend Sam to anyone. Very empathetic. She has a friendly staff on her team. Been working together 2 years and never felt rushed or that she didn’t have time. She is a good attorney, she cares, and she tries for you. Fun and easy to talk to but turns into the beast you need to fight for you in court. Sam is wonderful.” – Kara
Our caring and compassionate attorneys at Montagna Law proudly serve the entire Hampton Roads area, including Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk and Virginia Beach. Our experienced lawyers can offer sound legal advice and help you organize your affairs.
To set up a consultation to discuss your power of attorney documents, contact Montagna Law today at 877-622-8100 or fill out our online contact form.

Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.
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Frequently Asked Questions
Most people decide to put their decisions in the hands of someone they trust who will be sure to follow their wishes. The individual you appoint and list in a legal document is called a power of attorney. This person has the legal right to act as your agent and speak on your behalf under specific circumstances, such as a traumatic brain injury, dementia, coma, or any impairment where you cannot speak for yourself. Speaking with an experienced Virginia estate planning attorney can help you understand the intricacies involved in appointing the right person as a power of attorney so you can make the best decision for you.
Virginia is one of 25 states that employ the Uniform Power of Attorney Act. This act states that if the type of power of attorney is not specified, it defaults to a durable power of attorney. Your document will stay in effect if you either temporarily or permanently experience incapacity and cannot act to make decisions. The benefit is that a durable power of attorney will remain in effect even if you become incapacitated. You can rest assured the person you trust will be making decisions, not a guardian or conservator selected by the court.
In July 2010, the Commonwealth of Virginia passed a ruling that indicates any power of attorney signed after that date is durable by default. While you technically do not need your POA notarized, it is highly recommended you do so, as it provides the presumption your document is genuine. In the event a power of attorney was established before July 1, 2010, it is still valid if its execution was compliant under VA law at the time the document was written.
Any power of attorney you sign goes into effect as soon as you date and sign your document. You could date it for the current day or a future date you predetermine and state on your power of attorney for the individual’s authority to begin.
A power of attorney can end when certain conditions arise.
- A power of attorney automatically ends after the principal’s death.
- A power of attorney also ends if you revoke the document, if your agent becomes unavailable and you have not named a successor agent, or if it is a temporary arrangement that reaches the end of its terms.
In some cases, a court might invalidate your power of attorney. This is rare, but if the court determines that you had limited mental capacity at signing or were under undue influence, a court may overturn your power of attorney. The court may also overturn your power of attorney if they deem it fraudulent. Additionally, under Commonwealth law, if you select your spouse as your power of attorney and the two of you divorce, your spouse’s power of attorney authority ends, but the document itself does not. If you have named a successor agent or co-agent to your spouse, responsibility will pass to them at the time of your divorce.