Power of Attorney in Virginia

Virginia has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required for validity, but a signature acknowledged before a notary is presumed genuine, and a power of attorney must meet deed-recording requirements (acknowledgment) to be recorded, for example for real estate transactions. Powers of attorney are durable unless they expressly say they end on the principal's incapacity. Virginia's act does not include a statutory fill-in form.

Any adult capable of making an informed decision may make a written advance directive that gives health care instructions, appoints a health care agent, and/or makes an anatomical gift. It must be signed by the declarant in the presence of two subscribing witnesses; notarization is not required. A person diagnosed with a terminal condition may also make an oral advance directive in the presence of the attending physician and two witnesses. The statute provides a suggested Advance Medical Directive form, which is optional. A directive may be filed with the state's Advance Health Care Planning Registry.

Virginia's Uniform Power of Attorney Act (Va. Code ch. 16 of Title 64.2) does not include a statutory fill-in form for a financial power of attorney; its only statutory form is an optional agent's certification (Va. Code 64.2-1639). A power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual at the principal's direction; a signature acknowledged before a notary public is presumed genuine, and to be recordable it must also meet Va. Code 55.1-600 (64.2-1603). For health care, Va. Code 54.1-2984 provides an optional suggested "Advance Medical Directive" form; a written advance directive must be signed by the declarant in the presence of two subscribing witnesses (54.1-2983).