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Virginia Power of Attorney Form

Published Jan 04, 2026

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A Virginia Power of Attorney form is a legal instrument authorizing a designated agent to manage financial or medical affairs for a principal in Virginia.

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What type of Power of Attorney do you want to create?

General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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VIRGINIA POWER OF ATTORNEY FORM

NOTICE TO THE PRINCIPAL: THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A POWER OF ATTORNEY THAT GRANTS THE PERSON YOU DESIGNATE AS YOUR AGENT BROAD POWERS TO HANDLE YOUR PROPERTY DURING YOUR LIFETIME, WHICH MAY INCLUDE POWERS TO MORTGAGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT YOUR ADVANCE NOTICE OR APPROVAL. THESE POWERS WILL EXIST IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

I. APPOINTMENT OF AGENT

This Power of Attorney is made on .

I, the undersigned Principal, hereby appoint the following individual as my Agent (attorney-in-fact) to act for me in any lawful way with respect to the subjects indicated below:

The Principal:
Name:
Address:

The Agent:
Name:
Address:

II. DESIGNATION OF SUCCESSOR AGENT

Designate a Successor Agent?

If my Agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve, I appoint the following person as my Successor Agent:

The Successor Agent:
Name:
Address:

III. EFFECTIVE DATE AND DURABILITY

This Power of Attorney shall become effective: (Check one)

Immediately upon the date of execution of this instrument

Only upon my disability or incapacity as determined by a written certification from my attending physician

DURABILITY PROVISION:
Pursuant to the Uniform Power of Attorney Act of Virginia (Va. Code Ann. § 64.2-1600 et seq.), this Power of Attorney is DURABLE. This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence, or by the lapse of time.

IV. 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 of Virginia:

(Check the boxes below to grant specific powers. If you wish to grant ALL powers, check the box for "All Preceding Subjects")

Real Property - Authority to buy, sell, lease, mortgage, and manage real estate.

Tangible Personal Property - Authority to buy, sell, lease, and manage personal property.

Stocks and Bonds - Authority to buy, sell, and exchange stocks, bonds, and mutual funds.

Commodities and Options - Authority to buy, sell, exchange, and manage commodities and options.

Banks and Other Financial Institutions - Authority to open, close, and manage bank accounts, safe deposit boxes, and other financial accounts.

Operation of Entity or Business - Authority to manage, operate, and take action regarding any business or entity in which I have an interest.

Insurance and Annuities - Authority to procure, maintain, and manage insurance and annuity contracts.

Estates, Trusts, and Other Beneficial Interests - Authority to act with respect to any estate, trust, or other beneficial interest.

Claims and Litigation - Authority to assert, defend, settle, and manage legal claims and litigation.

Personal and Family Maintenance - Authority to provide for the support and maintenance of myself and my family.

Benefits from Governmental Programs or Civil or Military Service - Authority to apply for and manage government benefits (e.g. Social Security, Medicare, Medicaid, VA benefits).

Retirement Plans - Authority to manage retirement plans and accounts.

Taxes - Authority to prepare, sign, and file tax returns and represent me before tax authorities.

All Preceding Subjects - Grants all of the authorities listed above.

V. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My Agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your Agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

Create, amend, revoke, or terminate an inter vivos trust.

Make a gift, subject to the limitations of the Virginia Uniform Power of Attorney Act.

Create or change rights of survivorship.

Create or change a beneficiary designation.

Authorize another person to exercise the authority granted under this Power of Attorney.

Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.

Exercise fiduciary powers that the principal has authority to delegate.

VI. 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 below.

VII. SPECIAL INSTRUCTIONS

On the following lines, I may give special instructions limiting or extending the powers granted to my Agent:

VIII. RELIANCE BY THIRD PARTIES

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. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

IX. NOMINATION OF GUARDIAN OR CONSERVATOR

If a court decides that it is necessary to appoint a guardian or conservator of my estate or person, I nominate my Agent designated above to serve in that capacity.

X. GOVERNING LAW

This Power of Attorney shall be governed by the laws of the Commonwealth of Virginia.

XI. SIGNATURE AND ACKNOWLEDGMENT

I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my Agent.

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

XII. WITNESSES

We, the witnesses, each sign this instrument in the presence of the Principal, and at the Principal's request, and declare that the Principal signs and executes this instrument as their Power of Attorney, and that the Principal signs it willingly, and that each of us, in the presence of the Principal, signs this Power of Attorney as a witness.

WITNESS 1
Signature: _________________________
Print Name:
Date:
Address:

Add Second Witness?

WITNESS 2
Signature: _________________________
Print Name:
Date:
Address:

Include Notary Public Section?

XIII. NOTARY ACKNOWLEDGMENT

Commonwealth of Virginia
City/County of

The foregoing instrument was acknowledged before me this , by _______________ (Name of Principal).

Notary Public Signature: _________________________

Notary Public Printed Name:

My Commission Expires:

Registration Number:

(Seal)

XIV. AGENT'S ACCEPTANCE OF APPOINTMENT

I, the undersigned Agent, have read the attached Power of Attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that when I act as Agent:

I shall act in accordance with the Principal's reasonable expectations to the extent actually known by me and, otherwise, in the Principal's best interest;
I shall act in good faith;
I shall act only within the scope of authority granted in the Power of Attorney; and
I shall keep a record of all receipts, disbursements, and transactions made on behalf of the Principal.

AGENT

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

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What is a Virginia Power of Attorney Form?

A Virginia Power of Attorney Form functions as a legal instrument whereby an individual, referred to as the principal, delegates authority to another person, known as the agent or attorney-in-fact, to act on their behalf. This document permits the agent to manage financial, legal, or medical affairs depending on the scope of authority granted within the written terms. Residents utilize this tool for estate planning purposes, ensuring continuity of management during periods of incapacity, or for convenience when the principal cannot be physically present to sign documents. The document adheres to specific statutory frameworks established by the Commonwealth of Virginia to ensure validity and enforceability.

Types of Virginia Power of Attorney Form

Virginia law recognizes several distinct variations of power of attorney documents, each serving a specific duration and scope of authority:

General Power of Attorney - Grants the agent broad authority to handle financial and legal matters for the principal but typically terminates if the principal becomes incapacitated or disabled.
Durable Power of Attorney - Contains specific language stating that the agent's authority continues or becomes effective upon the principal's incapacity, remaining valid until the principal's death or revocation.
Limited Power of Attorney - Restricts the agent's authority to specific transactions, time periods, or assets, such as selling a specific piece of real estate or handling banking while the principal is traveling.
Advance Medical Directive - Combines a medical power of attorney and a living will, allowing an agent to make healthcare decisions if the principal cannot communicate their wishes.
Springing Power of Attorney - Remains inactive until a specific event occurs, typically the certification of the principal's incapacity by a medical professional.

Legal Requirements for Validity

To establish a legally binding power of attorney in Virginia, the document must adhere to specific execution standards set forth by state statutes:

Mental Capacity - The principal must understand the nature and consequences of executing the document at the time of signing.
Signature Requirements - The principal must sign the document or direct another individual to sign it in their presence (Va. Code Ann. § 64.2-1603).
Notarization - Acknowledgment before a notary public is required for the document to be presumed genuine and is mandatory if the agent will handle real estate transactions.
Agent Acceptance - Agents generally accept their appointment by exercising authority or signing a certification, though explicit written acceptance is often recommended.

Agent Authority and Fiduciary Duties

The individual appointed as an agent assumes a fiduciary role, requiring them to act in the best interest of the principal. Virginia statutes outline specific obligations and limitations regarding what an agent may do. Unless the power of attorney form explicitly restricts authority, the Uniform Power of Attorney Act grants agents the ability to handle standard financial matters. Certain actions require express authorization within the document to be valid.

Agents must adhere to strict standards of conduct:

Duty of Loyalty - The agent must act solely for the benefit of the principal and avoid conflicts of interest.
Record Keeping - Detailed records of all receipts, disbursements, and transactions made on behalf of the principal must be maintained.
Good Faith - Actions must be taken honestly, within the scope of authority, and in accordance with the principal's reasonable expectations.
Preservation of Estate Plan - The agent should attempt to preserve the principal's estate plan, including wills and beneficiary designations, to the extent the plan is known.

Revocation and Termination

A Virginia Power of Attorney Form does not remain valid indefinitely in all circumstances. The authority granted to an agent ceases upon the occurrence of specific events. Principals retain the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Revocation typically involves executing a new document or a written statement formally withdrawing the authority.

Authority terminates automatically under these conditions:

Death of Principal - All powers granted under the document expire immediately upon the death of the principal.
Divorce or Annulment - If the spouse is the appointed agent, their authority terminates upon the filing of an action for divorce or annulment, unless the document states otherwise (Va. Code Ann. § 64.2-1611).
Incapacity (Non-Durable) - If the document is not durable, the agent's powers cease if the principal becomes incapacitated.
Resignation of Agent - An agent may resign by giving notice to the principal or, if the principal is incapacitated, to the guardian or conservator.

Relevant Virginia Laws and Statutes

The creation, execution, and interpretation of these documents fall under specific titles within the Code of Virginia:

Uniform Power of Attorney Act - Governs the creation, validity, and scope of financial powers of attorney in the Commonwealth (Va. Code Ann. § 64.2-1600 et seq.).
Health Care Decisions Act - Regulates advance directives and the appointment of agents for healthcare decisions (Va. Code Ann. § 54.1-2981 et seq.).
validity of Electronic Documents - Establishes that electronic signatures and records satisfy legal requirements for writing and signatures (Va. Code Ann. § 59.1-485).
Recording Requirements - Mandates that powers of attorney affecting real estate must be recorded in the circuit court clerk's office where the property is located (Va. Code Ann. § 64.2-1619).
Liability for Refusal to Accept - Imposes liability on third parties who unreasonably refuse to accept a validly acknowledged power of attorney (Va. Code Ann. § 64.2-1617).

How to Complete a Virginia Power of Attorney Form

Step 1: Determine the Scope - Decide whether the agent requires broad general powers or limited authority for specific transactions.

Step 2: Select an Agent - Choose a trustworthy individual, typically a spouse, family member, or close friend, to act as the attorney-in-fact.

Step 3: Draft the Document - Utilize a template compliant with the Virginia Uniform Power of Attorney Act, ensuring all necessary "hot powers" are explicitly initialed if desired.

Step 4: Execute the Form - Sign the document in the presence of a notary public to ensure validity and acceptance by third parties.

Step 5: Distribute Copies - Provide the original or a certified copy to the agent and relevant institutions such as banks or healthcare providers.

FAQs

Recording is not mandatory for all powers of attorney in Virginia. The document must be recorded with the Clerk of the Circuit Court if the agent intends to handle real estate transactions, such as buying, selling, or encumbering property.

No, the authority granted by a Virginia Power of Attorney Form terminates immediately upon the death of the principal. The executor or administrator of the estate assumes control of the deceased's assets and affairs after death.

Virginia law does not explicitly require witnesses for a financial power of attorney, only notarization. An Advance Medical Directive, however, generally requires two witnesses to be valid under state healthcare laws.

Hot powers refer to specific authorities that grant the agent significant control, such as the ability to make gifts, change beneficiary designations, or amend trusts. These powers must be expressly granted and often initialed by the principal to be valid.

Yes, a principal may appoint multiple co-agents to act either jointly or independently. The document should clearly specify whether the agents must agree on all decisions or if they are permitted to act separately.

A principal may revoke a power of attorney by executing a new document that expressly revokes prior ones or by creating a written revocation statement. This notice must be delivered to the agent and any third parties, such as banks, that rely on the original document.

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