The Virginia Power of Attorney standardizes a legal conveyance of controls from one party to another. The form aids in authorizing the agency to another individual to make choices, manage, and sign in lieu of the person giving the concession. There are various power of attorney types to utilize to suit the needs of the kind of permissions that will be distributed. The medical power of attorney document, or advance directive, is commonly put in place to indicate the principal party’s wishes concerning end-of-life options. It appoints a designated agent to determine health care treatments should the declarant become unable to voice their choices due to physical or mental inability. Many of the other contractual arrangements provide authority for an attorney-in-fact, stipulating instances surrounding financial matters. Customization by the principal submitting the arrangement is accessible in each of the documents to allow precision in allocating only the desired transferred rights. Bestowing privileges of this nature on all levels can have extensive repercussions, and it is advised to speak with an attorney before entering into an agreement.
Laws
Statutes – Virginia Uniform Power of Attorney Act (C.O.V § 64.2-1600 – § 64.2-1642)
Definition – “Power of attorney” 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 (§ 64.2-1600).
Signing Requirements – Financial, parental, and tax-related commitments must accompany a notary professional’s backing to finalize and verify the document’s execution(§ 64.2-1603 and § 20-167). Advance directives and related health care power of attorneys do not require a notary to authenticate the endorsements but instead will demand the corroboration by two (2) acceptable witnesses (§ 8-54.1-2983).
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Generates a record for a party to announce desired preferences and establishes authority for a third party to make medical decisions in case of incapacitation.
Download: PDF
Signing Requirements: Acknowledgement of two (2) witnesses is necessary at the moment of endorsement.
Durable (Financial) Power of Attorney – Creates a legally binding accommodation to give powers to another over indicated financial areas.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary necessary to issue (§ 11-125-050).
General (Financial) Power of Attorney – Drafts a commitment to give control(s) over a person’s select financial areas on a temporary basis to an attorney-in-fact.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement of the execution by a notary will be required to make the document’s contents official.
Limited (Special) Power of Attorney – Schedules the establishment of gained agency regarding a defined extent of financial privileges.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement administered by notary obligated to authenticate the accord.
Minor Child Power of Attorney – Decrees the legal passing of select parental powers to another indicated agent.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary needed to validate all signatures.
Motor Vehicle Power of Attorney – Grants permissions to an attorney-in-fact to register or transfer vehicle ownership.
Download: PDF
Signing Requirements: Acknowledgement of signing does not require a notary to affirm the event.
Real Estate Power of Attorney – Designates authority to exercise action, communication, and signing privileges to another in regard to specified real estate holdings.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by notary needed to verify proper execution.
Revocation of Power of Attorney – Allows a granting principal to retract a previously expressed power of attorney arrangement.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary must be obtained during the signing of the written understanding.
Tax Power of Attorney – Conveys allotted powers to communicate and take designated actions in certain tax circumstances.
Download: PDF
Signing Requirements: Acknowledgement by a witnessing party not necessitated by law.