Step-by-Step Instructions on How To Create a Power of Attorney in Virginia
Do you need a well-written power of attorney (POA) in Virginia? Look no further! DoNotPay is here to provide all the details regarding a POA document and offer instructions on how to create one yourself. We can also help you draft a durable power of attorney in a few clicks so that you can avoid hiring a lawyer or going through this complicated process alone!
A power of attorney is a document that gives certain powers to the appointed attorney-in-fact, also known as an agent. The person who grants these powers is called the principal.
Depending on which authorities they want to give, the principal can choose one of these POA types:
- General—Permits an agent to make financial and health care decisions in the principal’s stead. The agent’s powers end if the principal becomes mentally incapacitated
- Durable—Remains in effect even after the principal becomes incapacitated. The agent can make only financial and legal decisions on behalf of the principal
- Springing—Spells out the conditions under which a durable POA comes into effect
- Limited—Grants limited financial powers to an agent
- Financial—Allows an agent to oversee the principal’s finances and pay bills or handle various business and real estate transactions on the principal’s behalf
Virginia is one of the 26 states that follow the Uniform Power of Attorney Act, which means that every POA is durable by default unless stated otherwise. As opposed to a general POA that stops being valid once the principal becomes incapacitated, a durable power of attorney stays effective even after that happens. It stops being valid only if the principal revokes it while of sound mind or passes away.
An agent’s powers mainly depend on the type of POA that’s being signed, but they generally include the following:
|An Agent Can||An Agent Cannot|
One of the main requirements for a POA in Virginia is that it must be in writing. The document must contain the following:
- Signatures of both parties
- Principal’s and agent’s contact information
- The date when the agreement is made
- Powers that the principal grants
- The time when the POA begins and ends (if applicable)
- Signature of a notary
In Virginia, the notarization of a POA isn’t a requirement, but it is strongly recommended.
A power of attorney in Virginia is effective until:
- Principal passes away
- Agent passes away, resigns, or becomes mentally or otherwise impaired
- Principal revokes the POA
- Agent carries out the purpose of the POA
- Parties agree to revoke the document
Even after the principal appoints someone to be their agent, they don’t lose the power to make decisions or conduct business. As long as the principal is mentally capable of doing so, they will have the right to manage their affairs.
To grant and receive power of attorney in Virginia, both the principal and the agent need to be:
- At least 18 years old
- Of sane mind
- Able to understand what they’re doing
Creating a POA can be challenging, but if you decide to do it on your own, you should follow the steps below:
- Choosing the agent
- Selecting the right POA type
- Specifying the details
- Filling out a POA form
- Signing the document and getting it notarized
Since being an agent is a huge responsibility, the principal needs to make sure that the person they’re choosing is trustworthy and willing to act in that role. If the principal doesn’t have a friend or a family member who is willing to carry out their wishes, they can hire a fiduciary.
Picking out the correct type of POA is an important decision since it will govern the powers of the agent. If the principal chooses to hire a fiduciary, they should create a limited power of attorney. When it comes to a family member or a friend, the principal can choose a durable POA.
The principal should write down exactly what the agent will be authorized to do to avoid confusion and misinterpretation.
After deciding what powers the agent will have, it’s time to fill out a form. POA forms can be found online or in office supply stores. If you want to take the easy way out, sign up for DoNotPay and let our chatbot create a flawless POA in a few minutes.
Whether the principal needs to have the document notarized depends on the state they live in. In Virginia, the principal isn’t obligated to get the POA notarized. The POA will be effective as soon as it’s signed. If the principal wants their document to carry more legal weight, they should get it notarized.
Writing a power of attorney by yourself can be complex, but paying a lawyer to draft this document is usually an expensive option. We suggest you use DoNotPay if you want to create a POA in a matter of minutes without breaking the bank.
Our chatbot will take you through the entire process. All you need to do is complete the following three steps:
- Find the Create a Power of Attorney product
- Answer our chatbot’s questions
- Click on Confirm
That’s it! We will generate your POA letter automatically in a few seconds. DoNotPay will provide you with two notices that you and your agent should read before signing.
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