Design and create a comprehensive Virginia Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update January 27th, 2023
- Types of Power of Attorney in Virginia
- How to Get a Power of Attorney in Virginia
- Virginia Power of Attorney Requirements
- Virginia Power of Attorney Sample
- FAQs About Virginia Power of Attorney Forms
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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:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
A notary public should also be present at the signing to notrized the document, and must sign it too.
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.
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.