How do I create a power of attorney in Virginia?
Virginia was the second state to adopt the UPOAA (after New Mexico) and provides a robust framework.
1. Governing Law
Va. Code §§ 64.2-1600 to 64.2-1642 (Uniform Power of Attorney Act, effective 7/1/2010). Replaced the prior Virginia Power of Attorney Act.
2. Types
3. Statutory Form
Va. Code § 64.2-1638 provides the Statutory Form Power of Attorney. Use is optional; substantial conformity protects third parties.
4. Execution Formalities
Under § 64.2-1603, the POA must be signed by the principal (or by another in principal's conscious presence and at principal's direction) and acknowledged before a notary public. No witnesses required for the financial POA. Healthcare directives under § 54.1-2983 require two competent adult witnesses.
5. Durability
Under § 64.2-1602, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. Virginia follows UPOAA's default-durable rule.
6. Acceptance by Third Parties
Va. Code §§ 64.2-1617 and 64.2-1618 mirror UPOAA § 120. Person may request agent certification, English translation, or counsel opinion within 7 business days, then must accept or reject within 5 business days. Unjustified refusal allows court-ordered acceptance plus attorney fees.
7. Revocation
Principal may revoke in writing (§ 64.2-1608). Notice to agent terminates authority. Record in the Circuit Court Clerk's Office if real-estate POA was recorded. Death, divorce of agent-spouse, or court-appointed conservator terminates.
8. Special Authorities
Section 64.2-1622 requires express grant for hot powers: create/amend/revoke a trust, make a gift, create or change survivorship rights, change beneficiary designations, delegate authority, waive principal's right to be beneficiary of joint-and-survivor annuity.
This is legal information, not legal advice.
- Bank refuses POA past 7-day certification window
- Agent suspected of breaching fiduciary duty
- POA needed for military spouse during deployment with cross-state assets
- Va. Code § 64.2-1600
- Va. Code § 64.2-1602
- Va. Code § 64.2-1603
- Va. Code § 64.2-1608
- Va. Code § 64.2-1617
- Va. Code § 64.2-1622
- Va. Code § 64.2-1638
- Va. Code § 54.1-2983
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.