Virginia Power of Attorney Forms
The Virginia Power of Attorney Forms are personal-use legal documents that bestow authority to a trusted individual to handle real estate, finances, taxes, a motor vehicle, and any other subset of a person’s life. Depending on the type chosen, they can be durable or non-durable. By selecting a durable type form, the agent’s powers would remain in effect regardless of the mental status of the principal. This type of form should only be used after careful consideration by the principal due to the amount of power that is given to the agent. It is highly suggested that principals elect a secondary agent (and possibly a third) to cover in the event the primary agent cannot perform their duties.
On the other hand, a person will commonly agree to act as an agent because of:
- Their desire to help the principal,
- Their sense of filial responsibility, and/or
- The opportunity to generate income.
Types (9)
Download – Adobe PDF, MS Word (.docx)
Download – Adobe PDF, MS Word (.docx)
Download – Adobe PDF, MS Word (.docx)
Download – Adobe PDF
Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)
Download – Adobe PDF
Download – Adobe PDF, MS Word (.docx)
Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)
Download – Adobe PDF
Laws & Signing Requirements
- Virginia Power of Attorney Laws – Title 64.2, Chapter 16 and Title 54.1, Chapter 29, §§ 54.1-2981 to 54.1-2993
- State Definition of Power of Attorney (VA Code § 64.2-1600) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
- State Definition of Advance Directive/ Medical Power of Attorney (§ 54.1-2982) – “means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 54.1-2983 or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition and in accordance with the provisions of § 54.1-2983.”
- Signing Requirements
- General / Durable Power of Attorney (§ 64.2-1603) – Signed by the principal + notarized.
- Advance Directive / Medical Power of Attorney (§ 54.1-2983) – Principal’s signature must be viewed by two (2) witnesses (who also sign the form).