A Virginia durable power of attorney form is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the state of Virginia.
Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
This form is sometimes called a power of attorney for finances and is used for personal, financial and business matters. To grant durable power over medical decisions, you need a VA medical power of attorney instead.
Virginia Durable Power of Attorney Requirements
In Virginia, power of attorney forms are durable by default. Unless the document specifically states otherwise, your agent will still be able to act on your behalf if you become incapacitated.
Relevant Laws: Virginia Code §§ 64.2-1600 – 64.2-1642 (Uniform Power of Attorney Act)
Presumed Durable: Yes (Virginia Code § 64.2-1602)
Signing: Signature required. Witnesses are not required. (Virginia Code § 64.2-1603)
Notarization: Principal’s signature must be acknowledged before a notary public or other individual authorized by law to take acknowledgments (Virginia Code § 64.2-1603)
Statutory Form: No
The durable power of attorney template on this page includes all required language and complies with Virginia laws and regulations.
Virginia Durable Power of Attorney Form (PDF & Word)
Use our free Virginia DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out a DPOA Form for Virginia
Follow these steps to complete our blank VA durable power of attorney form:
Step 1: Designate an agent
Before you choose your agent, make sure you fully understand what power of attorney is and the risks involved in giving legal power to another person. Your agent should be someone you trust to carry our your affairs as you would, even if you lose the ability to communicate.
Once you’ve decided on an agent, write the names and addresses of both parties (principal and agent) at the top of the form.
Step 2: Grant authority
Next, mark on the form which aspects of your personal affairs you want to give the agent power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., cashing checks).
You can also write specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure your form is durable
In Virginia, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and date the form
To authorize your POA, sign the form and have your signature acknowledged by a notary public. Virginia law doesn’t require your agent to sign the form, but you can have them sign an acknowledgement of their duties as an optional security measure.
When you’re finished, make a few copies of the form to give to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency). Keep the original in a safe place.
How to Revoke a Durable Power of Attorney in Virginia
As long as you still have the capacity, you can revoke a power of attorney at any time by completing a revocation of power of attorney form.
If you want to create a new power of attorney with different terms, (for example, if you want to select a different agent) you can include specific language in the new POA form stating that the previous power of attorney is revoked or all previous powers of attorney are revoked (Virginia Code § 64.2-1608).
Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.