Types

Advance Directive for Health Care – Allows an individual to make a legal record of their end-of-life choices, in writing, regarding such matters as life-prolonging procedures.

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Durable (Financial) Power of Attorney – Should the principal enter into a state of incapacity or die after this type of POA is enacted, its state of validity will remain unchanged.

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General (Financial) Power of Attorney – Grants broad powers to an agent to act on a principal’s behalf, but is restricted by legal terms which dictate that the POA will terminate upon the principal’s death or incapacitation.

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Limited (Special) Power of Attorney – A limited or special POA grants an agent the authority perform acts or make certain decisions on a principal’s behalf for the limited time period or in the limited circumstances which have been specified.

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Minor Child Power of Attorney – It is a legal requirement that a minor child is cared for at all times. In circumstances where a parent or guardian cannot provide such care, they can use this contract to temporarily delegate their parental or custodial duties to another party.

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Motor Vehicle Power of Attorney (VSA 70) – In order for an individual to inform the DMV that they wish to elect a power-of-attorney to represent them before the Department, they must file a Motor Vehicle POA.

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Real Estate (Property) Power of Attorney – If an individual wishes to hire a professional (whether an individual or entity) to handle the buying, selling, or management of a property, they can set the terms of this agreement in a Real Estate (Property) POA.

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Revocation of Power of Attorney – A principal who no longer requires for an Agent to continue with the duties prescribed in a POA can indicate their desire for the contract to be made invalid by completing a Revocation of Power of Attorney form.

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Tax Filing Power of Attorney (PAR 101) – A POA formed for the purpose of delegating the administration of tax matters from a taxpayer to another party, such as a tax agent.

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What is a Virginia Power of Attorney?

A Virginia Power of Attorney (POA) is a legally binding contract that sets parameters for an Agent to act on a Principal’s behalf in the matters specified within. It is critical that correct and precise language is used when drafting a POA to help to establish its legality, as well as to ensure the correct interpretation of each provision by all parties involved. For instance, in the state of Virginia, an individual who brings about an Advance Directive is referred to as the Declarant, whereas this party is referred to as the Principal or Patient in many other states.

• Virginia Power of Attorney Laws – (Title 64.2, Chapter 16, “Uniform Power of Attorney Act”) and (Title 54.1, Chapter 29, § 54.1-2981 to §54.1-2993, “Health Care Decisions Act”)
• 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 (VA Code § 64.2-1603) – Must be signed by the Principal (or by another individual, in their conscious presence, who they direct to sign their name). The signature must be acknowledged before a Notary Public or another authorized individual.
  • Advance Directive / Medical Power of Attorney (§ 54.1-2983) – The Declarant (the Principal) must sign the Advance Directive in the presence of two (2) subscribing witnesses.

When is it Effective?

A General / Durable Power of Attorney will become effective, as per VA Code § 64.2-1603, when it is signed by the Principal and acknowledged by a Notary Public or another individual who is authorized by law to take acknowledgments. The Principal may direct another individual to sign their name on their behalf, so long as the signature takes place in their conscious presence.

An Advance Directive / Medical Power of Attorney requires, as stated by § 54.1-2983, for the Declarant (the Principal) to sign the Advance Directive in the presence of two (2) subscribing witnesses.

Sample Template