Virginia Power of Attorney Requirements & Free Form

Virginia requirements

• Virginia follows the Uniform Power of Attorney Act at Va. Code Title 64.2, Chapter 16.
• Under Va. Code 64.2-1603 the power of attorney must be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction.
• Notarization is not stated as a strict condition of validity, but Va. Code 64.2-1603 provides that a signature is presumed genuine if the principal acknowledges it before a notary public or other individual authorized to take acknowledgments. Signing before a notary is the practical standard.
• The execution statute does not impose a witness requirement for a financial power of attorney in Virginia.
• Durability is the default: Va. Code 64.2-1602 provides that a power of attorney created under the chapter is durable unless it expressly provides that it terminates on the principal's incapacity.
• If the document will be used for a real estate transaction, Va. Code 64.2-1603 points to the recording requirements in Va. Code 55.1-600, so have it acknowledged before a notary and confirm recording details with the circuit court clerk in the county or city where the property sits.

Frequently asked questions

Does a Virginia power of attorney have to be notarized?

Va. Code 64.2-1603 does not make notarization an absolute condition of validity, but a signature acknowledged before a notary public is presumed genuine. Banks, title companies and circuit court clerks routinely expect a notarized document, so signing before a notary is strongly recommended.

Are witnesses required for a power of attorney in Virginia?

The execution section, Va. Code 64.2-1603, does not require witnesses for a financial power of attorney. Some institutions still ask for them as a matter of internal policy, and adding two disinterested adult witnesses does not invalidate the document.

Official sources

• https://law.lis.virginia.gov/vacode/title64.2/chapter16/section64.2-1603/
• https://law.lis.virginia.gov/vacode/title64.2/chapter16/section64.2-1602/