Guide to Making a Virginia Power of Attorney

Establishing a Power of Attorney (POA) is one of the most important steps in ensuring that your financial and legal affairs are managed according to your wishes if you’re ever unable to make decisions yourself. In this guide, we’ll review Virginia’s specific requirements for creating a legally valid Power of Attorney and walk through how to prepare one with clarity and confidence.

Having a valid POA in place helps prevent court delays, avoids unnecessary expenses, and ensures that someone you trust can act on your behalf when it matters most. Whether you’re planning ahead for unexpected circumstances or simply want your affairs to stay organized and protected, understanding how a Power of Attorney form in Virginia is a practical—and empowering—way to stay in control of your future.

How Does Power of Attorney Work in Virginia?

In Virginia, a Power of Attorney (POA) is a legal document that lets you authorize someone—called your agent—to manage financial or legal matters on your behalf. It can grant broad authority or cover only specific tasks. In Virginia, a POA is considered durable unless otherwise noted. This means it will stay valid even if you become incapacitated. 

Virginia follows the Uniform Power of Attorney Act, which standardizes the requirements for a legally valid POA. Once in effect, your agent is legally required to act in your best interest and follow your instructions. Choosing a trusted agent and keeping your POA up to date helps ensure your affairs are managed smoothly and according to your wishes.

Types of Power of Attorney in Virginia

Virginia General Power of Attorney 

A General Power of Attorney gives your chosen agent broad authority to manage your financial and legal affairs. It typically covers actions like banking, real estate, and business decisions—but it becomes invalid if you become incapacitated.

Virginia Durable Power of Attorney

A Durable Power of Attorney remains effective even if you lose the ability to make decisions for yourself. This makes it one of the most common and practical forms, ensuring your affairs continue to be managed without court involvement.

Virginia Financial Power of Attorney

A Financial Power of Attorney authorizes your agent to handle money-related matters, such as paying bills, managing investments, and filing taxes. It can be temporary or durable, depending on how you structure it.

Medical Power of Attorney in Virginia

A Medical Power of Attorney allows you to appoint someone to make healthcare decisions if you can’t communicate your wishes. In Virginia, a Medical Power of Attorney can work together with a Living Will to ensure your healthcare wishes and treatment decisions are clearly documented and respected.

Limited or Special Power of Attorney in Virginia

A Limited or Special Power of Attorney gives your agent authority to act only in specific situations or for a defined period—such as selling a property or signing documents while you’re away. Once the task is completed, the POA automatically ends.

Virginia Power of Attorney for Tax and Legal Matters

This type of Power of Attorney allows a designated agent, often an attorney or accountant, to represent you before the Virginia Department of Taxation or other legal authorities. It’s especially useful for handling audits, filing returns, or managing other official tax and legal matters.

Virginia Power of Attorney Requirements

• Legal capacity: The principal must be at least 18 years old and mentally competent when signing.

• Written form: The Power of Attorney must be in writing—verbal authorization is not legally recognized.

• Principal’s signature: The document must be signed by the principal or by another person at the principal’s direction, in their presence.

• Notarization: The POA must be acknowledged before a notary public to be legally valid under Virginia law.

• Voluntary execution: The POA must be created willingly, without coercion or undue influence.

How to Get Power of Attorney in Virginia

Follow these steps to get Power of Attorney: 

1. Choose the Right Type of Virginia POA

Start by identifying which Power of Attorney best fits your needs—general, durable, medical, financial, or limited. Each serves a specific purpose, so understanding how they differ ensures your agent’s authority aligns with your goals.

2. Select a Trusted Agent

Choose someone responsible, reliable, and capable of handling important decisions on your behalf. Your agent should understand your values and be willing to act in your best interest at all times.

3. Use a Legally Valid Virginia Power of Attorney Form

The document must clearly state your name, your agent’s name, and the powers you’re granting to avoid any legal confusion later.

4. Sign, Witness, and Notarize

To be valid in Virginia, your Power of Attorney must be signed by you (the principal) and notarized. Some documents—especially medical POAs—may also require witnesses, so it’s important to follow the specific signing instructions for your situation.

5. Share Copies with Relevant Parties

Once your POA is executed, distribute copies to your agent, financial institutions, healthcare providers, and anyone else who may need to recognize your agent’s authority. Keeping the document accessible helps ensure it can be used promptly when needed. 

Common Mistakes to Avoid with a Virginia POA

• Failing to limit or define powers clearly: Because Virginia POAs are durable by default, it’s important to specify exactly what authority your agent has to prevent unintended control over your affairs.

• Not naming a successor agent: If your primary agent is unable or unwilling to serve, having no alternate listed can leave you without representation when it matters most.

• Using an outdated or noncompliant form: Virginia follows the Uniform Power of Attorney Act, so older templates or generic online forms may not meet current legal standards.

• Neglecting to communicate with your agent: An agent signature is not required for all POA types in Virginia, but that doesn’t mean you should leave them out of the process—especially if you want your preferences followed. 

• Forgetting to share or store copies properly: If financial institutions or healthcare providers don’t have access to your POA, your agent’s authority could be delayed or challenged in an emergency.

When Does a Virginia Power of Attorney End?

A Virginia Power of Attorney ends when the principal revokes it, passes away, or if the purpose of the document has been fulfilled. It can also terminate if the named agent resigns or becomes unable to serve and no successor agent is listed. While a Power of Attorney in Virginia ends at death, having one in place beforehand can help manage your affairs efficiently while you are alive, and reduce the stress associated with Virginia probate later on. 

FAQs: 

How much does a Power of Attorney cost in Virginia?

The cost of creating a Power of Attorney in Virginia varies depending on how you prepare it. Using an online service like Trust & Will is typically more affordable, while hiring an attorney for a custom document can cost several hundred dollars or more.

Who can override a Power of Attorney in Virginia?

In Virginia, only the principal can revoke or change a Power of Attorney while they are mentally competent. If the principal becomes incapacitated, a court can step in to review or override the POA if the agent is found to be acting improperly or against the principal’s best interests.

Where can I find Virginia Power of Attorney records?

Virginia Power of Attorney records are generally private and not filed with the state. However, if a POA is used for real estate transactions, it must be recorded with the clerk of the circuit court in the county or city where the property is located.

How do you change the Power of Attorney in Virginia?

To change a Power of Attorney in Virginia, you must revoke the existing document in writing and create a new, properly signed and notarized POA. It’s also important to notify your former agent and anyone who has a copy so they know the old document is no longer valid.

How do you revoke a Power of Attorney in Virginia​?

To revoke a Power of Attorney in Virginia, you must sign and date a written revocation statement and notify your agent and any institutions or individuals who have a copy. Destroying old copies and creating a new POA, if needed, helps ensure the revocation is clear and enforceable.

Set Up Your Virginia Power of Attorney Easily with Trust & Will

Creating a Power of Attorney in Virginia is an essential step in protecting your financial and personal interests. By choosing the right type of POA, selecting a trustworthy agent, and following the state’s legal requirements, you can ensure your affairs are managed according to your wishes—no matter what the future holds. A properly executed POA helps prevent delays, reduces the need for court involvement, and gives you control over who makes important decisions on your behalf.

At Trust & Will, we make it simple to create a legally valid, Virginia-specific Power of Attorney and online will. Our guided platform walks you through each step with clear explanations and attorney-approved documents, so you can complete your plan confidently and correctly. Start your Power of Attorney today and take an important step toward securing your future with clarity and control.

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.