A Virginia power of attorney revocation is a crucial legal instrument for rescinding previously granted powers of attorney. In addition to completing this form, it’s imperative to notify all parties possessing copies of the original POA about the revocation by issuing a copy of the revocation document to them.
Failing to inform these parties may absolve the original agents acting under the original POA from liability. This document effectively nullifies the authority bestowed upon the agent, ending their ability to act on the principal’s behalf.
Legal Considerations
Statute – Uniform Power of Attorney Act (§§ 64.2-1600 – 64.2-1642).
Definitions – § 64.2-1600.
Signing Requirements – There are no specific requirements for formally revoking a power of attorney, but it is advisable to sign the document and have your signature notarized for it to be effective.
Revocation and Termination
Termination
The POA terminates in the following instances (§ 64.2-1608):
- The principal passes away.
- The principal revokes the document.
- The document provides that it terminates.
- The document accomplishes its intended purpose.
- The principal revokes the agent’s authority.
- The principal becomes a vulnerable adult (only if the POA is nondurable).
- The agent passes away, becomes a vulnerable adult, or resigns, and the POA doesn’t name another agent.
The agent’s authority concludes under any of the following circumstances:
- The principal revokes the authority.
- The agent passes away, becomes a vulnerable adult, or resigns.
- The agent financially exploits the principal under § 18.2-178.2 and is convicted.
- The power of attorney terminates.
- Unless the document provides otherwise, an action is filed for one of the following:
- By either the agent or principal for visitation or custody of a child in common with the other.
- For the annulment or divorce of the principal’s marriage to the agent or their legal separation.
- By either the principal or agent for separate maintenance from the other.
Revocation
You can revoke a POA by creating a new document with a declaration of your removal of all former authority that you previously granted. Alternatively, you can complete a revocation form. Follow these steps:
- Complete the form.
- Have a notary public acknowledge it.
- Give a copy to your former agent and other parties that stored the original document.
- File the revocation with the same Virginia Circuit Court Clerk’s Office if you recorded the original document there.
Fees
- Notary: Notary fees can range from $10 for a paper document up to $25 for an electronic notarization (§ 47.1-19).
- Recording: The recording fees can vary by district, but they may be between $20 and $50, depending on your local circuit court clerk’s office. You only have to pay a recording fee if you recorded the original document in your local circuit court clerk’s office.
Resources
- Blue Ridge Legal Services – Specializes in issues affecting seniors (like exploitation) and has offices in Roanoke, Lexington, Harrisonburg, and Winchester.
- Central Virginia Legal Aid Society – Provides legal assistance to various populations, including people with limited English proficiency.
- Legal Aid Justice Center – Serves low-income individuals in cities like Petersburg and Richmond.
Related Forms
Durable Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: Two witnesses.
