Getting a durable power of attorney in Virginia involves choosing an agent, creating a specific legal document—and understanding how to revoke it.
Learn more about Power of Attorney
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by Carolyn Albee
Carolyn has been a freelance writer for 15 years, covering a variety of legal topics, from personal injury to crimina...
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d...
Updated on: December 2, 2024 · 8 min read
A durable power of attorney (POA) is an important financial and planning tool that ensures your affairs can be managed if you are ever unable to do so yourself. It’s a legal instrument in which the principal—the person executing it—authorizes an agent to handle financial and business transactions on their behalf. (Note that it does not include healthcare decisions.)
Giving someone else the power to manage your affairs does not take away your own right to make your own decisions if you are of sound mind. The document authorizes someone in addition to you to do so and can grant only limited power if you choose.
Virginia has specific legal requirements to ensure a power of attorney document is valid. If you’re interested in creating a durable power of attorney in Virginia, it’s time to learn more about the state’s laws and regulations.
Powers of attorney can be durable or nondurable and can grant limited power or more general power. Under the Virginia Uniform Power of Attorney Act, all powers of attorney are assumed to be durable unless the document specifically states otherwise. Here’s a closer look at some of the various options available in Virginia.
Under Virginia law, the agent you name in your power of attorney must be a mentally competent adult. They’re legally obligated to act in your best interest. However, it’s still important to choose someone you trust, such as a family member or close friend. Unless you grant limited power, an agent’s authority to manage your personal affairs with general powers can be wide-ranging, often including your financial affairs and making major medical decisions.
It's a good idea to first talk with the person you want to choose to make sure they are comfortable taking on the role. They are not obligated to assume the role, so you want to make sure you don't go through the process of creating it only to have the agent turn down the responsibility.
It’s also a good idea to name a successor agent. A successor agent is someone who takes over if the primary agent resigns, dies, declines to act, or is no longer able to serve. If you don’t name one, court intervention may be required in those cases to appoint a new agent.
As you make your list of who to consider naming as your agent, think about the following traits.
To create a power of attorney in Virginia, you must be at least 18 years of age and have the capacity to make decisions and understand what you are doing. You’ll complete the Virginia durable power of attorney form, naming your agent and choosing the powers you want to give them.
You must specify some powers you are granting to your agent. While general power is broad, under Virginia law, if you do not specifically indicate the following powers, they are not available to your agent:
You must sign the document before a notary for it to be legally valid. If you’re unable to physically sign, you can direct another person to sign on your behalf, as long as they do so in your conscious presence and with your clear approval.
You can also choose to have it witnessed by two individuals. Although this is not required under Virginia law, it is in other states, which means doing so provides added protection should the form need to be presented in another state.
Durable power of attorney does not end until after your death, unless you revoke it. You can revoke it at any time so long as you are mentally competent. If you are not mentally competent, the court appoints a guardian or conservator on your behalf who can then revoke the authority previously given.
Common reasons for revoking a power of attorney include a change in your relationship with your agent, concerns about their actions, or new legal or financial arrangements. To do so, you can either destroy it or state in writing that you wish to revoke the POA, providing copies of the revocation to the agent and any business or organization that might have received a copy.
Here’s the step-by-step process for revoking your durable power of attorney in Virginia.
In addition to revoking a durable power of attorney yourself, it also terminates automatically if your agent dies, becomes incapacitated, resigns, or if your agent was your spouse and you get a divorce or separation. It will also terminate if your agent is convicted of financially exploiting you.
Setting up a durable power of attorney in Virginia involves several steps. Following this process carefully can help ensure that your document is legally binding and that your chosen agent has the authority to act on your behalf if needed.
An up-to-date durable power of attorney provides the convenience of allowing someone else to conduct transactions for you and the protection of knowing your financial life will be managed should you be unable to do so. It’s a useful tool in many situations—and it’s also straightforward to make. Create a durable POA with LegalZoom and make sure you’re covered.
A durable power of attorney remains effective if you become incapacitated and can’t make decisions, and is often used as part of end-of-life and healthcare planning to provide ongoing protection. In contrast, a nondurable power of attorney ends automatically if you lose the ability to make decisions, so it’s usually used for short-term situations.
Obtaining a durable power of attorney in Virginia can take anywhere from a few days to a few weeks, depending on the specific powers you want to grant and whether you use a law firm or go through an online service, which can be faster. You might also need additional time to notify the relevant parties.
In Virginia, most powers of attorney don’t need to be recorded unless they involve real estate transactions. If your agent will manage or sell real estate on your behalf, the power of attorney must be recorded with the circuit court in the county where the property is located. A law firm or local legal aid office can help you determine whether to record your power of attorney.
A durable power of attorney in Virginia remains in effect until you revoke it, pass away, or if specific conditions occur, like the death or resignation of your agent. However, you may revoke it anytime if your needs change or if you wish to appoint a new agent.
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