Free Virginia Power of Attorney Forms
Virginia Power of Attorney By Type
There are several types of POAs used in Virginia, each with particular terms and authorizations. You must know what type of power you are willing to bestow on your agent to choose the document you need.
- General POA - This document provides blanket power to your agent. They can make decisions that range from managing finances to selling and buying properties.
- Medical POA - Also known as healthcare POA, the principal will allow the agent to make medical decisions, such as health treatments, surgeries, and end-of-life care.
- Durable POA - Unlike most POAs, this remains in effect even when the principal becomes incapacitated. With this document, healthcare will not be interrupted because the agent can continue to make decisions.
- Limited POA - If you need an agent to do just one thing on your behalf, a limited POA is the best choice. It is the form you need if you want your agent to make a bank withdrawal on a certain day you are not available.
- Springing POA - This form springs into effectivity when the principal becomes incapacitated.
How To Get a Power of Attorney in Virginia
You can visit a local lawyer in Virginia who can create the POA for you. Better yet, you can download our printable Virginia POA. The template is acceptable in Virginia and follows the regulations and formats surrounding POAs.
Once you have the template, you can fill out the spaces and outline the specific terms of your POA.
Virginia Power of Attorney Laws
Chapter 16 of the Code of Virginia outlines the guidelines regarding the creation of the document, which acts as the agent’s permission to decide on behalf of the principal.
Here are the salient points of the law:
- Definition of agent - An agent is granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated (Code of Virginia § 64.2-1600).”
- Effectivity of POA - The POA becomes effective when executed unless otherwise specified in the document. For a durable POA, there must be a legal determination of incapacity. “The power of attorney becomes effective upon a determination in a writing or other record by (i) the principal's attending physician and a second physician or licensed clinical psychologist after personal examination of the principal that the principal is incapacitated” (Code of Virginia § 64.2-1607).
- Health Care Decisions Act - A principal is advised to issue an advance directive pertaining to their health issue. The directive is described as a “witnessed written document, voluntarily executed by the declarant or a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition” (Code of Virginia § 54.1-2982).
FAQs About Virginia Power of Attorney Forms
Laws differ from state to state, so make sure your agent is armed with the relevant Virginia POA form to act on your behalf.
Here are the most common questions about Virginia POA forms: