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Virginia power of attorney
As of October 26, 2026, in Virginia a power of attorney is durable unless it says otherwise; once notarized, a bank must accept it or ask for a certification within 7 business days.
Code of Virginia § 64.2-1603 requires a power of attorney to be signed by the principal, or by someone the principal directs to sign the principal’s name in the principal’s conscious presence.1
Under Code of Virginia § 64.2-1603, a power of attorney has to meet the recording rules of § 55.1-600 before it can be recorded.1
Preview of the document
Power of Attorney
State of Virginia
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Virginia’s rules, with sources
- State form
- The article of Virginia’s Uniform Power of Attorney Act titled Statutory Forms holds a single section, § 64.2-1639, the agent’s certification.2
- Code of Virginia § 64.2-1639 offers the agent’s certification as an optional form an agent may use to certify facts about a power of attorney.3
- On the Virginia certification form, the agent certifies under penalty of perjury that the principal granted the agent authority in a power of attorney of a stated date.3
- Signing
- Code of Virginia § 64.2-1603 requires a power of attorney to be signed by the principal, or by someone the principal directs to sign the principal’s name in the principal’s conscious presence.1
- In Virginia, a principal’s signature acknowledged before a notary public, or another person authorized to take acknowledgments, is presumed genuine.1
- A Virginia clause relieving the agent of the duty to disclose transactions is valid only if the principal signed or initialed an express statement that the principal understands it and that it reflects the principal’s wishes.4
- When that disclosure waiver is added in Virginia after the original power of attorney was signed, the principal must acknowledge the signature before a notary public or other authorized person.4
- Deadlines
- A person presented with an acknowledged Virginia power of attorney must accept it, or request a certification, translation or opinion of counsel, no later than seven business days after presentation.5
- After receiving the certification, translation or opinion it asked for, the Virginia third party has five business days to accept the power of attorney.5
- A Virginia agent asked to disclose transactions has 30 days to comply, or to explain in writing why more time is needed and then comply within another 30 days.4
- A Virginia power of attorney takes effect when it is executed unless it names a future date, event or contingency.6
- Where it is filed
- Law
- Under Code of Virginia § 64.2-1602, a power of attorney keeps working after the principal becomes incapacitated unless the document says that incapacity ends it.8
- Virginia’s Uniform Power of Attorney Act does not apply to a power to make health care decisions.9
- A Virginia agent may create or change a trust, make a gift, or create or change survivorship rights or beneficiary designations only if the power of attorney expressly grants that authority.10
- Under Code of Virginia § 64.2-1622(H), a grant of authority to do all acts the principal could do lets the agent make gifts in line with the principal’s personal history of lifetime giving.10
- Virginia applies the signed-statement rule for disclosure waivers to powers of attorney created on or after July 1, 2026.4
- Unless the Virginia power of attorney provides otherwise, an agent’s authority ends once an action is filed for divorce, annulment or legal separation from the principal.11
- Signing a new Virginia power of attorney does not revoke an earlier one unless the new document says so.11
- In Virginia, a photocopy or electronically sent copy of the original power of attorney has the same effect as the original, unless another statute says otherwise.12
- For Virginia’s acceptance rules, an acknowledged power of attorney means one verified before a notary public or another person authorized to take acknowledgments.13
- A Virginia bank or other third party may not demand an additional or different power of attorney form for authority the presented document already grants.5
Questions about a Virginia power of attorney
How is a Virginia power of attorney signed?
The principal signs it, or another person signs the principal’s name at the principal’s direction and in the principal’s conscious presence. That signature is what § 64.2-1603 requires.
Acknowledging the signature before a notary public makes it presumed genuine, and only an acknowledged power of attorney triggers the rules that make banks and others accept it on a deadline.1,13
Does Virginia have a statutory power of attorney form?
The Statutory Forms article of the Virginia act contains one form, and it is not a power of attorney: it is the agent’s certification in § 64.2-1639, an optional sworn statement the agent can sign to confirm the principal is alive, the power has not been revoked and any triggering event has occurred.
The certification ends with a notary’s acknowledgment block, and it is one of the documents a bank may ask for before accepting the power of attorney.2,3,13
How long does a Virginia bank have to accept a power of attorney?
Seven business days after presentation of an acknowledged power of attorney, the bank must accept it or ask for the agent’s certification, an English translation or an opinion of counsel. Once that arrives, it has five more business days.
The bank cannot insist on its own form. It may still refuse in the cases § 64.2-1618(B) lists, such as a good-faith belief that the power is not valid, but a refusal that breaks the section can bring a court order to accept the document plus the reasonable attorney fees and costs of that proceeding.5,13
When does a Virginia power of attorney start and stop?
It starts when executed unless it names a later date or event, and it is durable unless it expressly says incapacity ends it.
It ends at the principal’s death, revocation or the end it sets for itself. Filing for divorce, annulment or legal separation ends a spouse-agent’s authority unless the document says otherwise, and a new power of attorney leaves the old one in force unless it revokes it.6,8,11
Can a Virginia power of attorney be recorded?
Yes, if it meets § 55.1-600: the circuit court clerk records a writing with an original signature once the signer has acknowledged it or two witnesses have proved it.1,7
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Does a Virginia power of attorney cover health care decisions?
Not under the Uniform Power of Attorney Act. Code of Virginia § 64.2-1601 lists a power to make health care decisions among the powers the chapter does not apply to.9
Can a Virginia agent make gifts?
Only with express authority in the document, under § 64.2-1622, with one Virginia exception: a grant of authority to do all acts the principal could do covers gifts consistent with the principal’s history of lifetime giving.10
Is a copy of a Virginia power of attorney enough?
Generally yes. Section 64.2-1604 gives a photocopy or electronically transmitted copy the same effect as the original, unless another statute provides otherwise.12
Where this information comes from
Virginia’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Code of Virginia § 64.2-1603, Execution of power of attorney Open the official page (opens in a new tab) ↩
- Code of Virginia, Title 64.2, Chapter 16, Uniform Power of Attorney Act (table of contents) Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1639, Agent’s certification Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1612, Agent’s duties Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1618, Liability for refusal to accept acknowledged power of attorney Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1607, When power of attorney effective Open the official page (opens in a new tab) ↩
- Code of Virginia § 55.1-600, When and where writings recorded Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1602, Power of attorney is durable Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1601, Applicability Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1622, Authority that requires specific grant; grant of general authority Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1608, Termination of power of attorney or agent’s authority Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1604, Validity of power of attorney Open the official page (opens in a new tab) ↩
- Code of Virginia § 64.2-1617, Acceptance of and reliance upon acknowledged power of attorney Open the official page (opens in a new tab) ↩
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