Virginia Power of Attorney: Your Simple Guide

Before You Begin: Virginia POA Checklist

Creating a valid power of attorney in Virginia requires careful preparation and adherence to state rules. Use this checklist to gather everything you need and avoid common mistakes.

• Decide on the type: general, durable, or medical (advance directive) — each serves a different purpose and may have separate forms.
• Choose a trusted agent (attorney-in-fact) who is at least 18 years old and willing to act; for real estate transactions, the agent must be a Virginia resident or an entity authorized to do business in Virginia.
• Gather the principal's full legal name, date of birth, and Social Security number (if required by the form), plus the agent's complete contact information and relationship.
• Prepare to sign in the presence of a notary public — Virginia law requires notarization for most POAs, and for real estate documents, the signature must be acknowledged by a notary.
• For medical POAs, you need two witnesses who are not related to the principal, not the agent, and not the health care provider; the document must be signed by the principal, witnesses, and notarized (or signed before a notary with witnesses).
• If the principal is already incapacitated, a standard POA is ineffective — you may need a guardianship or conservatorship instead, so ensure the principal has capacity to sign.
• Have a list of assets, accounts, and property that the agent may need to manage, as this will guide what powers to include and avoid confusion later.
• Determine whether you need a durable POA (remaining effective after incapacity) and whether it should be immediately effective or springing (upon incapacity) — specify clearly to avoid disputes.
• Before signing, review the form to ensure it includes the agent's acceptance language (if required) and consider recording it with the circuit court if it will be used for real estate transactions.