A Comprehensive Guide to Power of Attorney

A power of attorney is a document that can make both your life and the lives of your family members much easier. A power of attorney allows your agent to act on your behalf. How and when your agent, or attorney-in-fact, can act depends on the type of power of attorney.

A general, durable power of attorney is the broadest type. It allows your agent to do almost anything you could do on your behalf, with the exception of making a will. It goes into effect immediately upon signing, and it remains in effect if you become incapacitated.

Executing a power of attorney does not mean you are relinquishing your right to conduct your own affairs. If you are competent, your power of attorney should only be acting at your direction. Occasionally, people worry about giving such broad power to another person, but Virginia law requires that an agent acting under a power of attorney must act in your best interest.

There is the option to add language to a power of attorney that makes it go into effect at a certain time or under certain conditions, called a springing power of attorney. For instance, someone may only want a power of attorney in effect if they are hospitalized or unable to make decisions for themselves. One problem with using a springing power of attorney is that it can be difficult for an agent to act easily and quickly.

There are times when a limited power of attorney can be helpful. This power of attorney only allows the agent to act for a specific purpose. For example, you may be out of town for a real estate closing and you want your spouse to be able to sign loan documents for you.

An advanced medical directive is similar to a power of attorney, but it names a healthcare agent. The healthcare agent can easily talk to medical providers and make decisions for your care if you are unable. It can also state what type of care you would like to receive in the event of a terminal illness.

“It is not legally required for the individual holding financial powers to also have the medical powers of decision-making,” explained Lisa Sprinkel, Vice President of Home Health and Hospice at Carilion Clinic. “The important thing is that the individual holding the medical powers knows the values and wishes of the individual for whom they are making decisions. It is likewise important for the medical providers to know WHO those medical proxies are and get that documented in the medical record.”

Who should you name as your agent in your power of attorney?

Often people name their spouse as power of attorney first, and then an adult child if their spouse is unable or unwilling to act as the agent. Others will ask a close friend or other relative. The main requirement for choosing your agent is that the person is someone you trust.

It is important to ask the person you intend to name if they are willing to take on this role. You should make sure they know where the power attorney is kept. It is best kept in a place where the agent can quickly and easily access it. If it is kept in a safety deposit box, your agent may have trouble retrieving it. The agent may even keep a copy of the power of attorney if you are comfortable with that. The agent should keep records of what they have done on your behalf and those records should be made available if you ever have a question about what your agent has done for you.

Finally, a power of attorney can be revoked, but it must be done so formally, while you still have capacity, and the agent must be given notice.

When should you consider getting a power of attorney?

You should determine a power of attorney before you need it. You must be able to understand the power and effect of the document you are signing. Having a power of attorney in place in case you are incapacitated can save you and your family money and time. If there are no legal documents in place to allow family members to act on your behalf, and you are in a position where you are unable to take care of your own personal or business needs, your loved ones would have to file to have a guardian and conservator appointed for you. This requires many steps, including a hearing in court. It will also require the person acting on your behalf to file regular reports with the commissioner of accounts and with social services. If a power of attorney has been executed, the person named as the agent may start acting without delay, and they won’t have the same reporting requirements.

If you wait until you need it, it may be too late. A power of attorney is a helpful tool, and it is often drafted alongside wills. It is best to have an attorney draft your power of attorney so that you end up with a document that will be valid if you are ever incapacitated.


About the Author: Sarah W. Houck is a Family and Domestic Law attorney in Woods Rogers Vandeventer Black’s Lynchburg office, where she advocates for clients in custody, divorce, and support cases throughout Virginia.




What to Consider When Planning a Will

No matter your age or economic status, planning a will is one of the most important estate planning steps you can take. If you pass away without having a will in place, your estate—your money, home, and assets—will be divided up according to state law. If you have particular wishes or recipients for each of those assets, a will can ensure they go to the right person.

“It will never hurt to have a will that states your wishes,” explained Sam Patel of Patel & Dalrymple, PLLC. “More practically, people often make a will after a major life event—marriage, buying a house, having a child. These are just a few examples of things that might make your wishes change, and it can help to update your estate plan accordingly.”

Determine Your Executor

One of the first steps toward creating a will is determining who the executor of your will and estate will be. This executor will act as your personal representative and will be in charge of handling the details of your will. This person should be someone you implicitly trust. You should talk with this person ahead of time to ensure they are up to the task, and then let them know where to find all important documents, such as your will, insurance policies, and passwords for important financial accounts.

“Consider discussing your estate plan with your family after you’ve put it in place,” said Keith Orgera of the Law Offices of Ron Feinman. “Generally, it is far better for your loved ones to know what is going to happen when you die rather than to get surprises after it happens. Talking to everyone in advance, while not a fun conversation, can avoid a lot of hurt feelings and squabbling after you’re gone.”

Ask the Important Questions

“I would suggest one decision and one question,” said Orgera. “It’s important to decide what you want to accomplish with your will. They are powerful instruments and can do many things. Knowing what you want the will to make happen is more important than who exactly will be your executor or who gets the Buick. Related to that is the question: ‘Is a will the best way to achieve what I want?’ Once you know what you’re trying to do, you can talk with your estate planner about the best way to accomplish it and how.”

Once you have your will in place, it’s important to make sure it continues to reflect your current wishes. Consider updating your will once a year, making sure to update it after marriages, divorces, births, deaths, and other life events.

Look at the Bigger Picture

“A will is just one component of an estate plan,” explained Peter Davies of Davies & Davies Law Firm. “An estate plan should address powers of attorney, advance medical directives, wills, beneficiary designations, tax planning, and possibly trusts, among other things. An estate plan should be in place for someone when they have kids, get married or divorced, have a blended family, have tax concerns, have health issues, and so on. A good estate plan addresses many aspects, not death alone.”

While a will is a powerful document that can enact your final wishes, it doesn’t necessarily accomplish everything. A legal professional can help you evaluate the details that fall outside of a will and help you put together a more comprehensive estate plan that covers the entirety of what you’ve worked hard to save or build.

Hire a Professional

Some things are too important to leave up to chance. A poorly drafted will can be worse than no will at all. Often, self-prepared wills aren’t signed and finalized correctly. For example, a self-prepared will could have an executor or family members who are listed as beneficiaries, who also signed on as witnesses. That could either invalidate the witness to your will or prevent the witness from receiving any benefit under the will.

“This isn’t a time to DIY,” furthered Davies. “A comprehensive estate plan assembled by an attorney specializing in estate planning can go a long way to prevent a mess.”

An attorney will help you sort through the maze of estate planning so you can feel confident that your final wishes will be fully enacted.

“A lot of things can pass outside of a will; sometimes the entirety of a person’s property,” said Patel. “This can be beneficial in some circumstances, to avoid probate taxes and costs, or to avoid public scrutiny of a probated will. This is something to discuss with your beneficiaries, and with your attorney. There are lots of ways to pass on your belongings, and it’s always good to know your options.”




Lynchburg Living 17th Annual Guide

Not sure where to start with that holiday shopping list? You’ve come to the right place! Our annual Holiday Gift Guide is an overview of unique gift ideas, all found in local stores.






2023 Top Lawyers

How do you define a top level attorney?

While a substantial number of wins or taking on high-profile cases can earn you recognition, it’s a lawyer’s reputation—both inside and outside of the courtroom—that really sets them apart.

For the sixth year in a row, Lynchburg Living has partnered with DataJoe Research Company to bring you Top Lawyers of Greater Lynchburg. This is a peer-to-peer survey—the lawyers included on this list were nominated by fellow lawyers, which speaks volumes about their integrity and professionalism.

NOMINATE HERE




Faces of Lynchburg July/August 2022




Best of Hall of Fame Winners July/Aug 2022




2022 Lynchburg Idea House: Raising the Standard

A Smith Mountain Lake Home Gets an Elevation in Height & Style

If Scott Elliott has learned anything over his many years of building and renovating properties as the owner of Custom Structures in Lynchburg, it’s to move fast when the right thing pops up. So that is exactly what he and his wife, Meredith, did in July 2021 when a house on Smith Mountain Lake, right by Hales Ford Bridge, came up for sale.

“I called her and said, ‘Get to the lake now!’” Scott recalled. “She hauled tail to the house and I hadn’t even seen it. I was on a plane when she made the offer.”

The home had been a rental for many years and was dingy and outdated, but the empty shell didn’t scare the Elliotts. In fact, they are well accustomed to transforming properties from abysmal “Befores” into gorgeous “Afters.” Here are some highlights of what they did to overhaul their personal lakehouse-turned-Lynchburg Living Smith Mountain Lake Idea House in a matter of just seven months.

2022 Lynchburg Idea House Smith Mountain Lake

COASTAL CHIC MEETS LAKE LUXE
Not every lake dreams of being an ocean, and thankfully the Elliotts’ SML house didn’t have to choose stylistically either. Exterior additions to the home include cedar shake siding, a copper cupola up top, and hurricane shutters, all of which give the entrance a coastal vibe. Two decks on the back flank the home, while a flat seating area with a fire pit and Adirondack chairs awaits conversations overlooking the lake. Down the stamped concrete walkway to the dock is a shed that the Elliotts repurposed into a “Bar Barn,” adding cabinetry, a mini fridge, and a margarita machine so visitors can grab a drink on their way to the water.

2022 Lynchburg Idea House Smith Mountain Lake

POP THE TOP
With four kids plus an exchange student under one roof, along with Meredith’s desire to host large gatherings and rent the home out to others, the first major change the couple decided to make was raising the roofline. By building up instead of out, the Elliotts were able to stay within the home’s original footprint while adding soaring ceilings with wooden beams in the great room and kitchen, as well as a loft above that holds a Queen bed, two children’s cots, and a full bathroom. As they went up, the Elliotts also added new windows and transoms to bring in abundant light and clearer views of the lake. Their thoughtful renovations helped transform the home’s total hosting space into five bedrooms (including a children’s room with six bunk beds), four bathrooms, and a full basement.

2022 Lynchburg Idea House Smith Mountain Lake

A KITCHEN WITH SHIMMER
Lake kitchens lend themselves to a certain vibe, often with dark wooden cabinets and walls and green or red tones. While this look conjures up joyous summer memories for some, Meredith wanted a fresher look for her new kitchen. She accomplished this vision with white cabinets and quartz countertops, married together with gold hardware and a shimmery fin-shaped tile backsplash that nods to her surroundings.

A PLACE TO GATHER
Another priority for Meredith was to integrate a large dining table without making a formal space for one, so she cleverly inserted it at the intersection of the kitchen and the great room.

“I had to have somewhere to seat a lot of people,” she said. “I want this place to be for families, big families—grandparents, grandkids, aunts, uncles—so everyone can cook together and be together.”

UNEXPECTED ART
“Before it got cold, we took the jet skis around the corner to a little cove and literally just grabbed so much driftwood and let it dry,” Scott said. “Then we cut it and put hooks in there and attached it [to the foyer chandelier]. We hit the jackpot on that.”

This unique focal point of the home’s entry is just one of the surprising ways that Scott and Meredith wove artful touches throughout the home. They also repurposed larger works of art and even an old privacy screen to use as headboards. Then there’s the 1960 surfboard hanging above the couch in the great room—a $100 Facebook Marketplace find, though it took a little negotiating on Meredith’s part.

“I messaged [the owner] and he said, ‘I have 30 people lined up and I just want someone to cherish it,’” she recalled. “I said, ‘I can promise that I will cherish this. I know exactly where it’s going and you can come see it if you want.’

And he said, ‘I’m going to sell it to you!’”

TILE WITH STYLE
Additional impressive features can be found in the bathrooms, where Meredith made good use of unexpected colors and patterns, retrofitted vanities from Green Front Furniture, and glimmering bowl sinks from Ferguson. Tile selections range from a skinny teal tile laid in a herringbone pattern in the hall bathroom to a blue dot tile in the master bath to a textured white tile running from the walls through the shower in the loft bathroom.

HAVE A COW, AND A DRINK
Although the home’s basement was “dungeon-like” when they bought it, Meredith saw that it held possibilities. She took advantage of an existing bar, retrofitting it with a bronze sink, mint tile backsplash, and a sheet of patinated copper under a new quartz countertop. Above the bar hangs a large cow mural with a memorable back story.

“That came out of Big Lick [Tropical Grill] on Timberlake Road,” Meredith recalled. “They were going to throw it away and Scott was like, ‘Nooooo!’ So we have had that since 2010, and it has gone from our barn to the first lake house to here. It’s just fun.”

The colorful cattle oversee the rest of the entertainment space, complete with a ping pong table, TV area, and large windows that beckon guests outside.

For the Elliotts, the home has been both a labor of love and a sprint, and Meredith eagerly awaits the moment when she can finally sit down and soak in the finished product.

“I can’t wait until I can turn on that gas fire pit when it gets dark, open a bottle of wine, and just sit here and not be bothered and listen to the boats,” she said.

View the 2022 Lynchburg Living Smith Mountain Lake Idea House special section virtually >>




Lynchburg Restaurant Week 2022

Our 11th annual Lynchburg Restaurant Week is here to remind you that you needn’t travel far for amazing food—but you’ll still want to have your passport on hand. We are excited to introduce our new Lynchburg Restaurant Week passport program, which will allow you to eat some of the best food in Lynchburg while also giving you the chance to win an awesome prize!

Tear-out the passport card and take to any—or, ideally, all—of this year’s 14 participating restaurants. Simply enjoy a meal, get your passport punched (once per restaurant), and mail your card to us by July 8. The person with the most punches will win a weekend stay at the gorgeous 2022 Lynchburg Living Smith Mountain Lake Idea House (featured in this issue)!

In the event of a tie, a random drawing will be conducted to determine the winner. Please see the passport card for additional details.

Start planning your Lynchburg Restaurant Week (June 18-25) itinerary now by feasting your eyes on the participating restaurants’ mouthwatering menus, found in the pages ahead.





Summer Fun Guide 2022


When it comes to planning your family’s summer, balance is key. There is much to be said for the lazy, hazy days that find you laying outside with a good book and a glass of lemonade, but having too many of those days—especially when kids are involved—is a no-go.

Luckily, adding structure to your summer also adds fun and excitement! The following pages are full of family-friendly events, outstanding organizations, and adventurous activities that will make your summer memorable—and the furthest thing from monotonous.

The-Bower-Center-for-the-ArtsThe Bower Center for the Arts
Looking for an ARTVENTURE this summer? The Bower Center for the Arts is offering a perfect summer outlet for children to expand their imaginations and artistic talents with a full lineup of fun-filled Art Camps in June and July. Weekly themes will allow youth to express their creativity in all mediums!
Visit bowercenter.org for details.


FEKS Martial Arts Center
Shalom (Hi), My name is Bruce Rubinberg and I am the proud owner and head instructor of FEKS Martial Arts Center. FEKS has been a local staple in the Lynchburg and Forest communities for more than 44 years and has trained thousands of people in our beautiful communities. We are offering a FUN and COOL summer activity as a way of saying THANK YOU for all the love and support you have shown us. Enjoy “8 weeks of summer fun” for $99. Every week is a
different theme, packed with self-defense techniques, exercise, and fun drills. 20 spots available. Reserve yours today!
For more information, call 434-219-4207.


imagination stationImagination Station
We are keeping little minds growing and creating through art. Masterpieces will be made on different canvases, ceramics, glass, tiles, or wood, while learning to use a variety of mediums. These consist of but are not limited to acrylic, watercolors, oil pastels, gesso, charcoal and much more. Pack a NUT-FREE lunch with a drink and get ready to create.
Visit imaginationstationstudios.com for more information.


James River Association
The James River Association’s historic batteau trips are back for the 2022 season! Book a batteau trip or one of our guided paddle trips featuring stories about the wildlife, natural resources, and history of the James. Protect the river you love and find your adventure at www.jamesriveradventures.org!


james river day schoolJames River Day School
Summer is here and full of possibilities! Sign your child up for a summer camp at James River Day School to watch the FUN begin! There are adventures for children coming into kindergarten through students going into 8th grade. Kids can get outdoors, be locavores, become math whizzes, explore artistic mediums, dive into books, play basketball, get ready for the fall sports season, and even engineer their own projects. Kids come from all over to have tons of summer fun at James River, so make your choice and sign up SOON! Check out all the possibilities at jrds.school/summer-fun/.


Lazy Days Winery
Kick off the start of summer at the 12th Annual Virginia Summer Solstice Wine Festival on June 25 from 11-6pm at Lazy Days Winery. Celebrate great wines from local Virginia wineries, live music on two stages, great festival foods, craft vendors, belly dancers, a petting zoo and more! Wine tasting
tickets include a free souvenir glass. Tasting tickets are $20 in advance and $25 at the gate. Admission is free for kids 12 and under. For more information and tickets: summersolsticefestival.com


lca theater campLCA Theatre Camp
The LCA Theatre Camp will meet for two full weeks from July 5 through July 16. This comprehensive theatre camp is open to students who will be entering the second through the ninth grades. Campers will attend sessions in the areas of makeup, costuming, choreography, musical theatre, improvisation, characterization, acting and theatre. Each child will have the opportunity to take part in a Camp Cabaret or One Act production, where they will memorize lines and demonstrate their skills on the final day of the theatre camp. At the end of camp, various awards will be presented to campers who have distinguished themselves in various areas.
For more information or to register go to payit.nelnet.net/form/UcmOBqFr.
For additional information, email Ray Jones at LcaTheaterDepatment@gmail.com.


Liberty Mountain Snowflex Centre
Liberty Mountain Snowflex Centre specializes in yearround mountain activities open to Liberty University students, faculty, staff, and the general public. Blast down one of our Neveplast tubing runs or ski in all four seasons on our Snowflex® slopes. Our popular Combo Pass includes 2 hours of skiing, snowboarding, tubing, sledding, trampolining, and rentals!
Learn more at Liberty.edu/Snowflex.


Little Town Players
Little Town Players is proud to present the Tony-award winning musical The Secret Garden this Spring. Based on the story by Frances Hodgson Burnett, orphan Mary Lennox discovers her late aunt’s hidden and abandoned garden. As she revives its beauty, the sadness that has covered the garden and her bereft uncle is lifted. Directed by Mark Foreman and starring newcomer Maleigha Jeffcoat.
For more information, visit littletownplayers.com.


lynchburg parks and recreation centerLynchburg Parks & Recreation
Lynchburg Parks and Recreation manages 17 parks, more than 40 miles of trails, and 9 recreation centers throughout Lynchburg. Our department contributes to a healthy, active, and educated community and provides stewardship and management of parklands, trails, and facilities while also creating opportunities for all to participate in a variety of recreational activities. We invite you to Find Your Fun with us!
For more information, call 434-455-5858 or visit lynchburgparksandrec.com.


natural bridge zooNatural Bridge Zoo
Natural Bridge Zoo is the wildest place in the state of Virginia, full of fun and excitement for any age! We allow you to get close and personal with
a wide variety of rare and endangered animals. Stare into the eyes of a huge white tiger, feed a giraffe, hug a llama, and have a parakeet land on your
hand in parakeet landing. Experience an elephant ride by looking at the world from a different view point while feeling the gait of the elephants walk (offered scheduled days/times). See a wide variety of beautiful birds, colorful goats, monkeys, deer, mountain lions and many more. Spend a wonderful day at the Natural Bridge Zoo creating lasting memories with the whole family.
For more information, call 540-291-2420 or visit naturalbridgezoo.com.


red hillPatrick Henry’s Red Hill
Patrick Henry’s Red Hill is the final home and burial place of Founding Father, American Revolution hero, and five-time Governor of Virginia, Patrick Henry. Visitors can tour Patrick Henry’s reconstructed home, kitchen, and blacksmith shop, as well as his original law office and family gravesite along with other structures. This summer, come walk numerous trails around the property, pack a picnic lunch to eat outside, and enjoy the breathtaking beauty of over 1,000 of Patrick Henry’s original acres.
Red Hill is open year-round but offers special events throughout the warmer months including an Independence Day Celebration, Lantern Tours, Star-Gazing Nights, and Living History Days. Plan your visit to Patrick Henry’s Red Hill, a place he called “the garden spot of the world,” this summer!
Visit redhill.org for more information.


putt puttPutt-Putt Fun Center Lynchburg
Every summer has its own story. We hope you’ll choose to make lasting family memories at Putt-Putt Fun Center™ where cool activities abound for all ages to enjoy!

Feel the Breeze
Jump into the driver’s seat and zoom around our track for a rush of pure adrenaline. We have karts for single riders, as well as karts that can accommodate a parent and child.

Get Wet
A cool splash on a water ride is a great way to beat the summer heat. Battle it out with friends during a whirling, twirling and wet ride on
our bumper boats equipped with water cannons.

Indoor Fun
Escape the heat and challenge friends to a game of laser tag. Guaranteeing nonstop excitement, our laser tag arena is the only two-story arena in Lynchburg. With neon lights and dark colors, our arena is the place to escape sunburn and see who really the ultimate champion is.

Be Cool
Our arcade is the place where “cool” kids hang and parents come to “cool” off. Test your gaming skills with all sorts of arcade games from classic air hockey to our Typhoon Roller Coaster simulator. After you’ve won all the points you can, turn them in at the redemption counter for awesome prizes.

Loop the 18
Our two 18-hole Putt-Putt® Golf courses are the perfect way for the family to stay active, on their feet, and soak in the Vitamin D. You may even get lucky and ace your shot on our skill-based par 2 courses!
Visit PuttPutt.com/Lynchburg-VA to start the fun!


ymcaYMCA
The YMCA is committed to strengthening individuals and communities. At the Y, we’re here to help you find your “why” – your greater sense of purpose – by connecting you with opportunities to improve your health, support young people, make new friends and contribute to a stronger, more cohesive community for all. Through the support of our community, the Y works to empower every child, adult, and family to be healthy, confident, and connected, regardless of age, income, or background. Through outreach swim lessons, cancer survivor programs, community health initiatives, education and enrichment programs, and strategic partnerships, the Y creates solutions to some of our community’s greatest needs.
To learn more about the YMCA, visit ymcacva.org.




2022 Lynchburg Living Top Teacher Awards

Being a teacher is more than just a job. It’s more than a just career. It’s a calling.

Our annual Top Teacher Awards are a way to honor deserving educators who have not only answered this call for public service, but they also go above and beyond to make sure their students are thriving.

After reviewing nominations submitted by parents, students, and colleagues, a panel of judges selected 10 deserving teachers to feature on the following pages.
This list—made up of various school districts, grade levels and subjects—is only a snapshot of the incredible teacher talent we have in our region.
Thank you to Chick-fil-A Wards Road/River Ridge for partnering with us again on this campaign and providing each teacher with a bag of gifts and coupons.