A Virginia durable power of attorney allows an individual to appoint someone to act on their behalf for financial matters like bill payments, property transactions, and decision-making. It is especially helpful for older people and those seeking assistance in their best interests.
In Virginia, power of attorney forms are durable by default. Unless the document specifically states otherwise, your agent can still act on your behalf if you become incapacitated.
Relevant Laws: Virginia Code §§ 64.2-1600 – 64.2-1642 (Uniform Power of Attorney Act).
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity
Power of Attorney 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
- Presumed Durable: Yes (§ 64.2-1602).
- Signing Requirements: Signature required. Witnesses are not required. (§ 64.2-1603).
- Notarization Requirements: The principal’s signature must be acknowledged before a notary public or other individual authorized by law to take acknowledgments (§ 64.2-1603).
- Statutory Form: No.§ 64.2-1601