Virginia Limited Power of Attorney Form

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A Virginia limited power of attorney is a written document that lets you, the principal, appoint an agent (also called an attorney-in-fact) to act for you on specific matters only. It is also known as a special power of attorney. Fill out a free Virginia limited power of attorney form online or download the PDF. Under Virginia law, the principal signs it, or another person signs the principal's name at the principal's direction, and a signature acknowledged before a notary public is presumed genuine.[1]

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Virginia Limited Power of Attorney Requirements

Virginia's Uniform Power of Attorney Act, in Title 64.2, Chapter 16 of the Code of Virginia, sets the signing rules for a limited power of attorney in Section 64.2-1603.[1] In short, the principal signs it, or directs another individual to sign the principal's name, and acknowledging the signature before a notary public makes it presumed genuine. The rules below are in plain words.

  • Principal's signature. The principal signs the power of attorney.
  • Signing by another person. Another individual may sign the principal's name, but only in the principal's conscious presence and when the principal directs it.
  • Acknowledgment. The principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.[1]

Section 64.2-1603 of the Va. Code Ann. states the effect of that acknowledgment in its own words:

A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

Va. Code Ann. § 64.2-1603

Effective Date Rule

A power of attorney is effective when it is signed. The exception is when the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.[2] The form has an Effective Date part for this choice, covered in step 3 below.

Recording the Document

Under Section 64.2-1603 of the Va. Code Ann., a power of attorney in order to be recordable must satisfy the requirements of § 55.1-600, the statute that applies to instruments admitted to record.[1]

Virginia Limited Power of Attorney Form Details

Document Name Virginia Limited Power of Attorney Form
Other Name Virginia Special Power of Attorney
Relevant Laws Va. Code Ann. § 64.2-1603, § 64.2-1607 and § 64.2-1608
Avg. Time to Fill Out 8 minutes
# of Fillable Fields 32
Available Formats Adobe PDF

How to Fill Out the Virginia Limited Power of Attorney Form

To fill out the Virginia limited power of attorney form, start on page 1 with the principal and the agent. Then list the tasks the agent may handle and choose the dates. The form has three pages, and the steps below follow its order. Download the PDF or build it online with the buttons above, or type into the PDF with our online PDF editor.

The screenshots under each step show the FormsPal Virginia limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Name the principal and the agent (page 1). Write your name and address in the opening lines of page 1. Then enter your agent's name and address on the lines for the person you appoint.
    Virginia limited power of attorney: VIRGINIA LIMITED POWER OF ATTORNEY, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Describe the limited purpose(s) (page 1). Write each task the agent may handle on the five lines under "limited purpose(s)." The printed Special Instructions below them limit the agent's powers to those purposes, so be specific.
    Virginia limited power of attorney: purpose(s), filled with sample entries
    Step 2: sample entries, not a real document.
  3. Choose the effective date (page 1). Initial one choice: the power of attorney is effective immediately, or it is effective on a date you write in. Leave the other choice blank.
    Virginia limited power of attorney: EFFECTIVE DATE, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Termination date: written revocation (page 1). The form asks you to initial one of three termination choices. The first one, at the bottom of page 1, ends the document when you have signed a written revocation. Initial it only if that is the choice you want. The other two choices continue on page 2.
    Virginia limited power of attorney: TERMINATION DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Other termination options and the successor (page 2). Initial a termination choice here only if you did not choose the written revocation on page 1. You can pick a date you write in, or the time you are determined to be incapacitated. Then complete the Successor Attorney-in-Fact paragraph with the agent's name, the alternate agent's name and the alternate's address.
    Virginia limited power of attorney: A WRITTEN REVOCATION, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Date, sign and print your name (page 2). Write the day, month and year on the "Signed this ___ day of" line. Sign above "(signature)" and print your name below it. Page 3 holds the notary acknowledgment, so plan to complete it with a notary.
    Virginia limited power of attorney: Day, Month and more, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Acknowledgment: county, date, officer and principal (page 3). On page 3, the notary enters the county, the date and their own name and title. Your name goes on the "personally appeared" line.
    Virginia limited power of attorney: STATE OF VIRGINIA, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Officer signature and seal (page 3). The notary signs on the "Signature" line under "WITNESS my hand and official seal" and adds the seal where "(seal)" is marked.
    Virginia limited power of attorney: Signature, filled with sample entries
    Step 8: sample entries, not a real document.
Name each task on its own purpose line and say exactly what it covers, such as one account, one piece of property or one transaction. A short, specific list is easier for your agent, and for anyone asked to accept the document, to follow.

If you want an agent to handle your finances broadly, see our Virginia general financial power of attorney form instead. You can also browse all Virginia power of attorney forms on FormsPal.

When a Virginia Limited Power of Attorney Ends

A Virginia limited power of attorney ends when one of the events in Section 64.2-1608 of the Va. Code Ann. happens, such as the principal revoking it, the principal's death, or the purpose being accomplished. The agent's own authority can also end while the power of attorney continues.

The power of attorney terminates when:

  • The principal dies.
  • The principal becomes a vulnerable adult, if the power of attorney is not durable.
  • The principal revokes the power of attorney.
  • The power of attorney provides that it terminates.
  • The purpose of the power of attorney is accomplished.
  • The principal revokes the agent's authority, or the agent dies, becomes a vulnerable adult, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.[3]

End of the Agent's Authority

An agent's authority terminates when:

  • The principal revokes the authority.
  • The agent dies, becomes a vulnerable adult, or resigns.
  • The agent is convicted of financial exploitation of the principal under § 18.2-178.2.
  • The power of attorney terminates.[3]

Acts Done in Good Faith After It Ends

Ending a power of attorney does not undo what others do in good faith. Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person who acts in good faith under the power of attorney without actual knowledge of the termination.[3]

An act performed that way, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. If the power of attorney is not durable, the same protection applies when the principal becomes incapacitated. Incapacity does not revoke or terminate it as to an agent or other person who acts in good faith under it without actual knowledge of the incapacity.[3]

If you revoke a limited power of attorney, tell your agent and every person who may rely on it.

Frequently Asked Questions

These answers cover notarization, signing for someone else, later documents, divorce and time limits. Each one comes from the Virginia Code sections listed under Sources at the end of this page.

Does a power of attorney in Virginia need to be notarized?

Virginia's statute presumes a signature genuine if the principal acknowledges it before a notary public or other individual authorized by law to take acknowledgments.[1] The FormsPal template includes an acknowledgment on page 3 for that purpose.

Can someone else sign a Virginia power of attorney for me?

Yes, in one situation. The power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual directed by the principal to sign the principal's name.[1]

Does signing a new power of attorney cancel an earlier one?

Not automatically. Signing a power of attorney does not revoke one the principal signed earlier. The later one revokes the earlier one only if it says so, either by naming the earlier power of attorney or by saying that all other powers of attorney are revoked.[3]

Does a divorce end the agent's authority?

It can. Unless the power of attorney otherwise provides, the agent's authority terminates when an action is filed:

  • For the divorce or annulment of the agent's marriage to the principal, or for their legal separation.
  • By either of them for separate maintenance from the other.
  • By either of them for custody or visitation of a child they have in common.
[3]

Does a Virginia power of attorney expire after a set time?

Not on its own. Unless the power of attorney otherwise provides, a lapse of time since it was signed does not end the agent's authority. The authority is exercisable until it terminates.[3]

General information, not legal or tax advice.

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Sources

Unless noted otherwise, the sources below are from the Va. Code Ann.

  1. Va. Code Ann. § 64.2-1603.
  2. Va. Code Ann. § 64.2-1607.
  3. Va. Code Ann. § 64.2-1608.