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This means the power of attorney is effective even after the principal loses capacity.
Having someone’s Power of Attorney is not acceptable in lieu of applying with Social Security to become a representative payee. Murphy — July 15, 2013 Durable General Power of Attorney – What is it?The Durable General Power of Attorney is a document executed by an individual with mental capacity (the “principal”) in which he or she nominates an agent (formerly known as an “attorney-in-fact”) who can to take certain actions on behalf of the individual. The agent must act in the best interests of the principal, in good faith and only attend to matters expressly granted in the document.In 2010, Virginia adopted stricter statutes to address the drafting, use and enforcement of powers of attorney in statutes called the “Uniform Power of Attorney Act” in Title 64.2, Chapter 16 of the Code of Virginia (hereinafter referred to as the “Act”). The new Act applies to all powers of attorney with a few exceptions (e.g., it does not apply to health care decisions or the power to make arrangements for burial or cremation).It thankfully makes all powers of attorney durable unless the document itself provides otherwise.