Veterans with any type of disability or illness can benefit from hiring a VA disability attorney. Because your attorney will be filing paperwork with the VA on your behalf, you will need to give the attorney power of attorney (POA). It is an agreement in which you permit them to handle your claim or appeal, and they agree to act in your best interest as they represent you and advocate for what is best for you as a veteran living with disabilities.
In this article, we discuss what a VA power of attorney is, how it can help you, and what it takes to appoint a VA POA.
In this article about power of attorney
What Does Power of Attorney Mean?
Power of attorney (POA) is legal permission that gives one or more persons the power to act on another person’s behalf as an agent or attorney-in-fact. That authorizes them to carry out business or other official affairs on behalf of the person, who is legally known as the principal.
Generally, it is used if the principal has a temporary or permanent illness or disability or when they cannot be present to sign important necessary documents. The agent may be given broad or only limited power to make decisions about your property, finances, investments, or medical care. Under VA disability law, POA authorizes the VA to disclose information to the person or organization representing the veteran.
Types of Power of Attorney
The two key types of power of attorney are general and limited. The differences are outlined below.
General Power
General power of attorney allows the agent to act on your behalf in any matters allowed by state laws. The agent can sign checks, manage assets, handle bank accounts, sell property, and file taxes for you.
Limited Powers
Limited power of attorney allows the agent to only handle specific matters or events on your behalf. A limited power of attorney can be in effect for a specific time.
A POA with limited powers will only have power for the time outlined in the contract. It could be anywhere from a couple of months to a couple of years. A limited POA will only be allowed to manage specific matters in the contract, nothing more.
For example, if you will be living in another country for a year, the POA may be effective for only that year. When you hire a VA disability attorney, you would give the accredited attorney or the organization where they work power of attorney to represent you before the VA for as long as outlined in the contract. A VA POA is in effect until POA is withdrawn by the attorney or when a veteran hires a new POA, which replaces the previous one.
Other Types of Power of Attorney
You might encounter other circumstances in your lifetime in which you or a loved one will need to appoint a power of attorney. For example, when an aging parent is no longer able to make decisions about their health or finances an adult child might need to take on some legal responsibilities.
As healthcare power of attorney, you could make medical decisions on your parent’s behalf. As financial power of attorney, you could manage investments, sign and deposit checks, and file tax returns.
What is VA Power of Attorney?
A VA power of attorney can complete and file paperwork for a veteran and communicate with the VA on the veteran’s behalf. Having a VA POA means fewer interruptions for the veteran while the attorney handles the case and interacts with the VA.
VA POA Form
Form 21-22a is completed by the veteran and an accredited attorney who will be appointed power of attorney. A different form, Form 21-22, is the power of attorney for veterans service officers (VSOs). The 21-22a form is the only form veterans need to sign in order to have an attorney represent them in their disability benefits case before the VA.
There are two other scenarios in which veterans might need to submit POA forms. The first is healthcare and living wills (VA Form 10-0137) which allows a veteran to grant someone the power to make healthcare decisions for them. Another instance would be when a veteran might need to appoint a general or limited POA when applying for a home loan.
VA POA Guidelines and Requirements
According to VA disability law, a veteran can have two types of POA representation:
- an accredited representative of a service organization, agent, or attorney, or
- a non-licensed individual.
For an accredited attorney to receive POA, the attorney and the veteran must complete and sign VA Form 21-22a.
The VA power of attorney document has to meet the following requirements:
- Contain signatures by:
- The veteran, or
- The veteran’s guardian, or
- In the case of an incapacitated or incompetent veteran without a guardian, a guardian would be chosen in this order – spouse, parent, other relative or friend, or the director of the hospital where the veteran is staying; and
- The person providing representation or an accredited veteran’s service organization representative, agent, or attorney; and
- Filed in the veteran’s claims folder at the appropriate VA office
If an attorney is not listed on the Office of the General Counsel’s accreditation search page, the VA will not allow an unaccredited attorney to seek POA for a veteran. All attorneys at Woods and Woods are accredited and are able to represent a veteran as a power of attorney.
If your VA POA contract states the POA will collect a fee, you are legally obligated to pay the fee. The VA does not allow veterans to end a contract with a POA at the end of their application to avoid payment.
Why a VA Disability Attorney Is Beneficial to You
Hiring a VA disability attorney can ease your burden when fighting for your VA benefits. Giving an attorney POA can be reassuring throughout the process because they will manage all important decisions with your best interests in mind.
What Happens When You Give Us VA Power of Attorney
If you choose to hire Woods and Woods and grant us POA, we will ask you to sign a POA contract by completing and signing VA Form 21-22a. It states Woods and Woods will handle your VA claims and benefits.
To be clear, giving us VA power of attorney will not give us legal power over any other matters. We will strictly handle your VA claims and appeals.
If you have any questions about hiring a VA disability attorney call us at (812) 426-7200 or fill out our contact form. Let us help you get the benefits you deserve.
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Hiring a VA disability attorney can be helpful to you and your loved ones. Giving a lawyer VA POA gives them the legal responsibility to represent you with the VA. It means you will no longer have the burden of dealing with the VA while living with a disability. A VA POA will do the hard work for you: filing paperwork on your behalf, communicating with the VA, and advocating for your benefits and compensation.
If you enter into a VA POA contract, you can end your POA under certain guidelines. The veteran, veteran’s guardian, or VA fiduciary may end or terminate their relationship with a representative at any time by informing the VA. However, you may still owe attorney fees. If the veteran dies, POA representation ends with the death of the veteran. If a survivor wants the same POA representation, the survivor must enter into a separate POA contract.
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