Granting someone you trust a power of attorney allows that person -- known as your "agent" or "attorney in fact" -- to manage your financial and personal affairs if you are unable to do so.  Your agent is empowered to sign your name and is obligated to be your fiduciary -- meaning they must act in your best financial interest at all times and in accordance with your wishes.

A power of attorney can be made “springing,” which means that it only goes into effect under circumstances that you specify, the most typical being when you become incapacitated.  Often that means your agent cannot act until he or she provides doctors' letters and sometimes court orders to prove you are incapable of making decisions for yourself.

An attorney can help you decide which form makes the best sense for your circumstance. In any case, take care in choosing your agent. That person should be competent, trustworthy, willing to take on the burden of your affairs and financially secure.

If you choose a relative or friend as your agent, you probably won't have to pay them.  But if you name a bank, lawyer or other outside party, you will have to negotiate compensation, which can range from hourly fees to a percentage of your assets paid annually.

Why do you need a power of attorney?

No one is immune from aging or the loss of mental clarity that may come with it. And you're never immune to health crises that may leave you unable to handle the business of your life: paying bills, managing investments or making key financial decisions.

If you become incapacitated without having a power of attorney, the court may appoint a “conservator” to manage your affairs and handle your assets.  This process might cost your family well over $2,000 in attorney’s fees and court costs, not including the cost of the lawyer who will be appointed by the court to represent you during the court proceeding (this lawyer is called the guardian ad litem). 

The person chosen by the court may not be someone you would have picked.  Assigning someone you choose and trust a power of attorney now could save you and your family from heartache later on.

We come across a lot of different types of insurance in our personal injury practice.  Auto insurance coverage comes with so many different options, it can be hard to figure out exactly what it all means. We’re going to explain terms like liability, underinsured motorist protection and comprehensive coverage.  But first, let’s start by taking a look at our state’s requirements.  For Virginia residents, the DMV requires the following minimum coverage:

-Bodily injury/death of one person $25,000
-Bodily injury/death of two or more persons $50,000
-Property damage $20,000

This means that your insurance plan must cover at least $25,000 of the medical or funeral expenses incurred to a driver or passenger in another vehicle if an accident was your fault.  If more than one person is injured or killed, your plan must at least cover $50,000 worth of expenses.  Also, your insurance plan must cover at least $20,000 worth of property damage for others involved in the accident.  For example, if you cause an accident and the driver of another vehicle is injured and their car is totaled, your insurance must cover at least $25,000 worth of their medical expenses and $20,000 worth of damage to their vehicle.  It’s worth noting that if you have only the bare minimum coverage, you may be legally responsible to pay anything above your insurance coverage out-of-pocket.  For instance, if the other driver’s medical bills cost $75,000, your insurance company is required to pay $25,000 but the injured party can sue you to recover the remaining $50,000 of the bill.

Insurance that covers the costs of injuries or property damage to others if you are at fault in an accident is called liability insurance.  The minimum auto insurance requirements in Virginia cover liability.  We should mention that in Virginia, you can choose not to have any insurance at all, but it will cost you a $500 fee every time you renew your registration at the DMV.  We never recommend this option.  It’s much safer and smarter to invest in insurance.

Liability insurance is the minimum coverage required.  If you have liability insurance, it’s probably a good idea to choose liability insurance that’s above the state’s requirements.  For instance, having bodily injury/death of one person set at $50,000 and property damage coverage set at $40,000 offers twice the protection of the mandatory amount.  Bear in mind that medical expenses for serious injuries can easily exceed $50,000, however, so if you can afford it, you may wish to consider limits of $100,000, $300,000, or even more for liability coverage.  The more assets you have to lose, the higher your coverage should be.  This will protect your home and savings in case you’re ever found at fault in a serious accident.

Remember, liability insurance only covers others involved in an accident.  If you just have liability insurance and you cause an accident, damage to your own vehicle and your own medical bills will not be covered.  That’s why it can be a good idea to step up to collision coverage.  Collision coverage pays for the damage to your own car.  If your car has value or is relatively new, collision coverage is usually recommended.  However, if your car is old and doesn’t have much value, then you may want to consider whether the more expensive premium for collision coverage is worth it to you.

Collision coverage pays for damages to your vehicle, but what if you’re injured?  Medical expense coverage is what pays for your medical expenses if you’re hurt.  With this coverage, your own medical bills and the medical bills of any passengers who are riding with you will be paid in the event of an accident.  We highly recommend this kind of coverage as things like hospital bills, ER visits, ambulance rides, and physical therapy can add up to staggering costs, and the cost of medical expense coverage is affordable.

All the coverage we’ve discussed so far comes into effect in the event of an accident.  But what if your car is stolen, or if you hit a deer, or if your car is dinted in a hail storm?  Comprehensive coverage pays for the situations that occur outside of accidents.  Comprehensive coverage can be great if it fits your budget, but if your car doesn’t have much value and is easily replaceable, you may want to consider whether the added expense is worth the price.
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While all states require minimum liability coverage, unfortunately some drivers choose instead to pay the uninsured motorist fee.  Some drivers may carry the minimum coverage, but don’t have the necessary funds to pay for costs that exceed their coverage.  So if someone is legally responsible for the damages that occur in an accident, you might not actually receive all the funds you need.  Uninsured or underinsured motorist protection helps in this type of situation by covering those expenses.  As a small piece of advice, it’s usually not very expensive to add this kind of coverage to your policy (and one day you might be glad you did)!  ​Uninsured or underinsured motorist coverage will pay for your damages and injuries if someone else causes an accident that injures you, and they don’t have insurance, or don’t have enough insurance to cover your injuries.  For instance, let’s say a brand new driver with his first car and only $25,000 in liability coverage runs into you, causing major injuries to you, with your hospital bills in excess of $50,000.  If you have $100,000 in underinsured motorist coverage, you can collect $25,000 from the insurance of the driver at fault, and the remaining $50,000 plus from your own insurance.  

We create estate plans to make sure our family is taken care of.  It’s important to remember that our family includes our pets.  Our furry, feathery and scaly friends depend on us, and our estate plan should provide for their future if we’re no longer available to care for them.

1.     Your pet could live for a long time, even without you.

The average life span of a dog is 13 years, the average life span of a cat is 15 years and certain parrots and turtles can live up to 100 years old!  If you become ill and can no longer take care of them, or if you pass away, your pet could still need care for many years to come.

2.     Promises from friends or family may not stand the test of time.

We can’t predict what will happen in our lives or in our relationships.  Maybe your brother made a promise to take care of Fido a few years back, but he’s since taken a new job and moved across the country.  Maybe he’s moved into a condo that has a strict no-pet policy.  It’s always better to make formal arrangements.

3.     It’s simple to include your pets in your estate plan.

With the help of your lawyer, it’s fairly simple to include pets in your Last Will and Testament or to set up a trust for your pets.  You’ll simply need to decide who to appoint as your Personal Representative to take care of your pets in the event of your death.  Be sure to choose two or three people in case your first choice is unavailable.
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Keep in mind that whoever you choose to take care of your pets does not need to take them in permanently.  They can agree instead to act as a temporary caregiver until they find your pet a good permanent home.

It’s very important that a client feels safe in confiding in their lawyer.  Someone who seeks advice or guidance from a lawyer has the right to do so completely free of any fear that their secrets will be revealed.  Attorneys abide by strict rules of ethics, and that includes the principle of confidentiality.

What does attorney-client privilege mean exactly?  It means that when you seek legal advice of any kind from an attorney, that attorney is forbidden from communicating to anyone what you tell them in confidence.  So even if you tell your lawyer where a body is buried, they are legally and ethically bound to keep that a secret.

In this case, it can seem like the ethics are backwards.  If a lawyer knows something important to a criminal investigation, shouldn’t they tell the police immediately?  Many lawyers find themselves in this very difficult position.  But revealing a client’s secrets would break the important bond of trust that is necessary to provide fair legal counsel to everyone.

Ethically, lawyers know they must keep their client’s confessions under lock and key, much like a priest knows they must keep their parishioner’s confessions under lock and key.  Also, if a lawyer were to give up a client’s secrets they would face severe disciplinary action, including having their law license revoked.

Since you take no risk in doing so, you should tell your lawyer everything.  Telling your legal counsel the whole story will help them provide you with the most accurate professional advice and proceed in the best way without being blindsided in the courtroom with a fact that you failed to mention.
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Going to a lawyer is like going to a doctor.  You wouldn’t omit a fact from your doctor because it embarrassed you.  Your doctor needs to know everything that’s going on, so they can treat you accordingly.  The same goes for your lawyer.  You can trust your lawyer.  You risk more in telling them too little than in telling them too much.

A Last Will & Testament is one of the most important and vital documents one can have.  But why is it so important?

To start with, a will lets you decide who will inherit from you.  If you die without a will, the state will decide who receives your property and life savings.  This happens by statute, without regard to your wishes or your family’s needs.  A will allows you to decide who gets special family heirlooms, such as rings, china, or guns.  Without a will, your family may feud over these items, or fight over who gets to be the administrator of the estate, the person who will make such decisions.  Relatives battling over your possessions can weaken what may have otherwise been a strong family.
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A will allows you to leave money to your church or a charity.  It allows you control over the distribution of your real estate and it allows you to leave a life estate to your spouse or child, or to place conditions upon the use of your land.  A will allows for a smooth transition of your family business to the persons of your choice, in whatever manner you decide. 

Wills are especially important for families with stepchildren, as the laws of the state often will not reflect the wishes of the parents in such situations. The laws of the state will also not provide for your partner if you are not married.

Your will can state who you wish to be the guardian or guardians of your minor children or grandchildren.  If you don’t decide, the courts will.  This is particularly important if you want a specific family member or friend to take care of your children or grandchildren, but that person is not your next of kin.  It’s best to designate that person specifically in a will. Otherwise, the state might give custody to a relative who you may not approve of.

You can use your will to specify your wishes regarding burial, cremation, or memorial services.  Your will can help avoid family squabbles or “guilt buying” at the funeral home.  (It’s important to note that your will is often not read until after the funeral, so it is a good idea to advise your loved ones that you have specified your wishes in your will).

What if you don’t own anything and you don’t have any savings?

Suppose you die in a car wreck caused by a drunk driver.  Even if you have no property or savings, your estate might have a wrongful death claim worth a great deal of money, which will be distributed by the laws of the state if you have no will.  In other words, if you die in an accident, your family could be entitled to money because of it, and having a will in place will decide who that money goes to.

We can't avoid death, but having a will can help ease the burden on our loved ones.  Leaving a will for our loved ones to follow could help ease their stress and worry through a difficult time.

If you suffer an accident or illness and are unable to communicate your wishes, an advance medical directive (also known as a medical power of attorney) is a document that allows you to choose an agent who you trust to make your important medical decisions on your behalf.  Often, this agent is your spouse, friend, child or other family member.  An advance medical directive is an essential document to have in place, and here are three big reasons why:

1.     Facility doctors may not discuss your health condition with family, without the proper documents in place.

Your physician at the hospital or nursing home may not be able to discuss your health with concerned family members due to rules of patient confidentiality.  If you want to ensure that your loved ones will be part of the conversation about your health condition, treatment, medication and even life-or-death decisions, certain documents may need to be in place.  An advance medical directive would include HIPAA (Health Insurance Portability and Accountability Act) authorization to ensure your family is not violating the HIPAA act in discussing your health with your doctor.

2.     An advance medical directive lets you make the big, difficult decisions about end-of-life choices in advance.

For example, would you want your doctors to continue life-sustaining treatments if you have suffered irreversible damage to your mental functioning?  An advance medical directive is a statement of your wishes for the kind of life-sustaining medical intervention you want- or don’t want- if you are no longer able to communicate your wishes.

Knowing your preferences in advance can be extremely important in helping your family through a time of crisis.  These decisions are deeply personal, and an advance medical directive allows you to communicate instructions about your health care based on your personal beliefs and values.

3.     Without an advance medical directive, a court may step in to appoint a guardian to make medical decisions on your behalf.

An advance medical directive ultimately allows you to choose someone who you trust to be in charge of your medical decisions, rather than a guardian appointed by a court.  It’s important to choose your agent carefully.  That person should be able to understand essential medical information regarding your treatment, handle the stress of making tough decisions, and keep your best interests and wishes in mind when making those decisions.  When you’ve chosen the right person, make sure to communicate your beliefs, values and priorities when faced with the possibility of end-of-life decisions.

When you have an advance medical directive in place, you can rest assured that your important health care decision are in the right hands if a crisis hits.  To learn more about how to set up an advance medical directive and other essential documents, please contact us for a free consultation.

1.     Hire a lawyer.

This just has to be number one on our list.  The price of an attorney is well worth not having points on your driving record or having your monthly car insurance premiums skyrocket.  Traffic court cases can get very complicated, and it’s always best to have appropriate counsel and representation.

2.     Dress appropriately.

Most judges are sticklers for appropriate dress.  It’s not just the lawyer’s job to dress up for court; it’s expected from everyone.  What you’re wearing will make an impression on the judge, so do yourself a favor and dress in a way that reflects your respect for the court and your respect for yourself.

3.     Show up early.

Showing up early may be the best way to jump the line and skip the long, long wait.  This could also give you an opportunity to appear before the judge before his or her patience gets worn thin by other defendants.

4.     Turn off your cell phone.

What’s the best way to annoy a judge?  By having your cell phone ring during court!  This one should be a no-brainer.  Make sure you remember to turn it off.

​5.     Call the judge “your honor.”

​Court is a formal environment.  Make sure you refer to the judge as “your honor,” not by Mr. or Ms. Insert-last-name-here.  Not only will this make you appear respectful, it will also make you seem more eloquent.

A successful defense attorney who grew up in Waynesboro, Virginia, once told me that in Waynesboro, it is still illegal for a woman to drive a car up Main Street unless her husband is walking in front of the car and waving a red flag.  I can only imagine there must be some kind of story behind the passing of this law many years ago, and I wish I knew what that story was.  Here are 10 more weird laws that are still on the books in Virginia:

1.     Expectorating in public places

Yes, that means spitting.  Spitting in any public area in Virginia, such as a sidewalk or a public stairwell, is categorized as a Class 4 misdemeanor.

2.     Prohibition against the use of substances injurious to fish

Apparently, it is illegal to use explosives to catch fish in Virginia.  Doing so could slap you with a Class 1 misdemeanor.

3.     Fornication

It is still illegal for unmarried persons to make whoopie in the Commonwealth.

4.     Only genuine Smithfield hams are to be labeled or advertised as such

That’s right.  If it ain’t from Smithfield, it’s unlawful to label your salted pork a Smithfield ham.

5.     Sale of speleothems

Speleothems, such as stalagmites and stalactites, are mineral deposits formed in caves.  Limestone speleothems grow extremely slowly- usually less than 10 centimeters every thousand years- so it kind of makes sense that if you break and sell one of these bad boys, you’ll be charged with a Class 1 misdemeanor.

6.     Underwater property recovery

It is illegal to remove any underwater historical specimen without a permit, including at underwater refuse sites or shipwrecks.

7.     Shooting birds for amusement and renting premises for such purposes

This law is not about hunting.  This law makes it illegal to keep live birds, such as pigeons, for use as targets during target practice.  Apparently this was enough of a problem in the past to make it a criminal offence.

8.     Flame throwers and smoke screens on motor vehicles

It is a Class 6 felony to attach a smoke screen or a flame thrower to one’s vehicle which may be a hindrance or obstruction to traffic.

9.    In Richmond, it is illegal to flip a coin in a restaurant to determine who pays for coffee.

10.    In Culpepper, it is illegal to wash one’s mule on the sidewalk.

What happens if I have an accident or become ill and I'm unable to communicate?  This is a difficult question that many of us fail to ask ourselves, but knowing the answer in advance could save your family from a lot of heartache later on.

1. A Power of Attorney lets you choose who makes your key financial decisions if you are unable to do so in the case of accident or illness.​
2. A Medical Power of Attorney lets you choose who makes important medical decisions on your behalf if you are unable to do so. 

No one is immune from aging, loss of mental clarity or health crises that can leave you unable to handle the business of your life: paying bills, managing investments or making key financial decisions.  If you become unable to manage your affairs and you don’t have a power of attorney, then the court may appoint someone to handle your money, property and investments. This could cost your family over $2,000 in attorney’s fees and court costs. Having a power of attorney in place means that YOU decide who manages your affairs, so the decision is not left up to the court.

A medical power of attorney allows you to choose who will make your medical decisions on your behalf. It helps you make the big decisions in advance about end-of-life choices, which is extremely important in helping families through times of crisis. If you don’t have this document, the court can appoint a guardian to make medical decisions on your behalf.

Having a power of attorney and medical power of attorney allows YOU to choose an agent you trust so the important decisions that affect you will be based on your own beliefs and values.  If you're interested in creating or updating these important documents, please contact us for a free consultation.

​1.     Landlords are required to disclose certain facts.

When you move in, for example, a landlord is required to disclose to you the names of all the people who have a right to manage the property.  They’re also required to tell you if there is any visible evidence of mold.  If there is, you have the right to change your mind about moving into the property within five days.

2.     There is a limit on how much the security deposit can be.

Virginia state law dictates that the security deposit cannot exceed the amount of two month’s rent.  Also, if all the conditions are met, the security deposit must be returned to you within 45 days after you move out.

3.     Certain rules have to be followed before you can get evicted.

For example, if you have repeatedly violated the lease (such as damaging the property or keeping a pet), the landlord may give you an “unconditional quit notice,” which means that you have 30 days to move out before the landlord can file for eviction

4.     You have the right to withhold rent if important repairs are not made.

If a landlord fails to take care of an important repair, such as a broken heater or a blown fuse, you have the right to withhold paying rent until the repair is made.

5.     There are restrictions on a landlord’s right to access the rental property.

When a friend of mine was living in Richmond, her landlord and one of his buddies unlocked the door and walked into the apartment she was living in as she was sleeping, with no notice.  As you can imagine, it terrified her.  This action was illegal.  A landlord is required to give you 24 hours notice of entry (unless you’ve requested maintenance).
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It’s always helpful to know the laws and know your rights!  Click here for more information on landlord-tenant laws in Virginia.