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Last Update February 27th, 2024

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Types of Power of Attorney in Virginia

There’s more than one type of Power of Attorney in Virginia and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common variants available in VA include the following examples: 

  • Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.

  • Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated

  • Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.

  • DMV: A Vehicle POA in VA gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles. 

  • Springing: A springing VA Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.

  • Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.

  • Tax: A VA Tax Power of Attorney can be used to empower a tax assistant to act for you when handling tax reporting in Virginia.

How to Get a Power of Attorney in Virginia

A Virginia Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.  

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle POAs can be obtained directly from the Virginia DMV. However, it is often recommended to seek the help of an attorney in order to fill the document properly.

Virginia Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Virginia Power of Attorney document before successfully putting it into action. 

To do this you will need to meet the following criteria:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.

  2. The completed form should be signed by both the Agent and Principal.

  3. A notary public should also be present at the signing to notrized the document, and must sign it too. 

  4. In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

  • Be over 18 years of age.

  • Be mentally competent enough to enter into a contractual agreement.

  • Understand the powers that are being granted.

Virginia legislature (§64-2-1611) accepted the Universal Power of Attorney Act (UPOAA) in 2010. This means that you can use your Power of Attorney in other states that have also adopted this act. Make sure the wording on your document also follows the guidelines of the UPOAA. Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Virginia. They should also be someone that the Principal has full confidence in.

Virginia Power of Attorney Sample

Before starting your own Virginia Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. View our POA sample now to get a feel for how these documents are written and appear once completed.

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Power of Attorney Virginia Sample

FAQs About Virginia Power of Attorney Forms

It is important to have a good understanding of what Virginia Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Where Can I Get a Power of Attorney in Virginia?

It is possible to create your own Virginia Power of Attorney easily online with our contract maker. Alternatively, you can find templates for certain types of POA at your local DMV or can pay to have a legal expert draft and complete your document.

What Are Some Uses of a Power of Attorney?

A Virginia Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these estate planning forms can be used for a number of different purposes depending on their type and purpose

These responsibilities include:

  • Managing your financial affairs

  • Making medical decisions for you if you are incapacitated

  • Handling activities for you such as buying or selling property

How to Know if My Power of Attorney is Durable

In Virginia, Power of Attorney documents are automatically assumed to be durable unless the contrary is specifically stated in the wording of the form. 

This means it is necessary to expressly create a nondurable document if you wish for the powers you are granting to not be durable and for the POA to expire in the event of your incapacity.

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Power of Attorney Virginia Sample

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VIRGINIA
STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This Power of Attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act.

This Power of Attorney does not authorize the agent to make healthcare decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the Power of Attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your Power of Attorney will end unless you have named a successor agent. You may also name a second successor agent.

This Power of Attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the Power of Attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DURABLE POWER OF ATTORNEY
DESIGNATION OF AGENT
I, _________, of _________, telephone number _________, and email address _________, name the following person: _________, of _________, telephone number _________, and email address _________, as my Agent ("Attorney-in-fact") to exercise the powers and discretions described below.
GRANT OF GENERAL AUTHORITY
I grant my Agent and any Successor Agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

     - Real estate transactions
     - Tangible personal property transactions
     - Stock and bond transactions
     - Commodity and option transactions
     - Banking and other financial institution transactions
     - Business operating transactions
     - Insurance and annuity transactions
     - Claims and Litigation
     - Personal and Family Maintenance
     - Benefits from Governmental Programs or Civil or Military Service
     - Retirement Plans
     - Taxes
LIMITATION ON AGENT'S AUTHORITY
An Agent that is not my ancestor, spouse or descendant MAY NOT use my property to benefit the Agent or a person to whom the Agent owes an obligation of support, unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My agent is entitled to reasonable compensation for services rendered as My Agent and to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
This Power of Attorney takes effect immediately, and will not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney will continue to be effective until my death. This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
EFFECTIVE DATE
This Power of Attorney is effective immediately, unless I have stated otherwise in the Special Instructions.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is invalid.

This Power of Attorney is granted in, and shall be governed by the laws of the state of Virginia; however, I intend that this Power of Attorney be universally recognized and that it be universally admissible to recordation. In the event that I become a resident of another jurisdiction, or obtain property, including real property or any other property interest, in another jurisdiction, it remains my intention that the laws of Virginia shall continue to govern this Power of Attorney.


Dated ____________________, ______, at _________, _________.


__________________________________
_________


_________________________________
Notary Public

Notary registration number ____________

My commission expires _____________
Notice to Person Executing Power of Attorney

A Power of Attorney is an important legal document. By signing the Power of Attorney, you are authorizing another person to act for you, the principal. Before you sign this Power of Attorney, you should know these important facts:

Your Agent (attorney-in-fact) has no duty to act unless you and your Agent agree otherwise in writing.

This document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney.

Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney, unless you provide otherwise in this Power of Attorney.

The powers you give your Agent will continue to exist for your entire lifetime, unless you state that the Power of Attorney will last for a shorter period of time or unless you otherwise terminate the Power of Attorney. The powers you give your Agent in this Power of Attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property, unless you provide otherwise in this Power of Attorney.

You can change or correct the terms of this Power of Attorney only by executing a new Power of Attorney, or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent.

This Power of Attorney must be dated and must be acknowledged before a notary public. A Power of Attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.

You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.
Notice to Person Accepting the Appointment as Attorney-in-Fact

A. By accepting appointment as Agent, you shall fulfil the following duties:

1. Act in accordance with the principal's reasonable expectations to the extent actually known by the Agent and, otherwise, in the principal's best interest;

2. Act in good faith; and

3. Act only within the scope of authority granted in the Power of Attorney.

4. Act loyally for the principal's benefit;

5. Act so as not to create a conflict of interest that impairs the Agent's ability to act impartially in the principal's best interest;

6. Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

7. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

8. Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the Agent and otherwise act in the principal's best interest; and

9. Attempt to preserve the principal's estate plan, to the extent actually known by the Agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:

a. The value and nature of the principal's property;
b. The principal's foreseeable obligations and need for maintenance;
c. Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and
d. Eligibility for a benefit, a program, or assistance under a statute or regulation.

B. An Agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.

C. An Agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the Agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

D. If an Agent is selected by the principal because of special skills or expertise possessed by the Agent or in reliance on the Agent's representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the Agent has acted with care, competence, and diligence under the circumstances.

E. An Agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person; however, nothing herein is intended to abrogate any duty of the Agent under the Uniform Prudent Investor Act (§ 64.2-780 et seq.).

F. An Agent shall disclose receipts, disbursements, or transactions conducted on behalf of the principal if requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

G. An Agent shall provide an accounting for all funds handled, and all acts performed at any time upon my request or the request of any authorized personal representative, fiduciary or court of record acting on my behalf. If so requested, within 30 days the Agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.

H. The legal duty to terminate actions as Agent (Attorney-in-Fact) under this Power of Attorney upon the occurrence of any of the following:

1. Principal's death;
2. Revocation of the Power of Attorney of principal;
3. The occurrence of a termination event stated in the Power of Attorney; or
4. No additional action is required under the Power of Attorney.

I. If an Agent is the spouse of the principal, the Power of Attorney terminates upon legal separation or dissolution of the marriage.

J. An Agent may be held responsible and liable for any intentional actions which violate or abuse your authority under this Power of Attorney as provided by the state and federal laws governing this Power of Attorney.

K. An Agent has the right to seek legal advice if he or she does not understand his or her duties as Agent or any provisions in the Power of Attorney.

You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this Power of Attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the Power of Attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution, you may be sued in civil court.

I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent (attorney-in-fact) under the terms of this Power of Attorney.

Date:

Signed:


_________________________________
_________
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