Virginia Durable (Financial) Power of Attorney Form

In cases where a person (called the Principal) wants to name a party (their Agent) who will be bestowed decision making powers that will remain active even if they become incapacitated, they should use a Virginia Durable (Financial) Power of Attorney. This written form exists for this very purpose—to legally establish the Principal’s wishes in this regard. Considering that they will not be capable of providing their Agent with further instructions in such circumstances, the Principal should try their best to provide directions in the form that can be readily understood by the Agent.

State Laws & Signing Requirements

State Laws – Uniform Power of Attorney Act

Signing Requirements (VA Code § 64.2-1603) – A Durable Power of Attorney is legally executed in the state of Virginia when the following two (2) requirements are met:

  • It is signed by the Principal (or by another individual who the Principal has directed to sign their name in their conscious presence), and
  • It is acknowledged by a Notary Public or another individual who is authorized by law to take acknowledgments.