Download Virginia Durable Power of Attorney Form [PDF]

The Virginia durable power of attorney (DPOA) is a legal document used for transferring authority from one person to another. The person issuing the durable power of attorney is called the principal, while the person who represents the principal is called the agent or the attorney in fact.

The principal can authorize the agent to represent them in every situation where the principal is not able to personally act and complete a certain action or make a certain decision.

This can happen due to the principal’s bad mental or physical health, like dementia or Alzheimer’s disease, or simply because the principal is located far from the place where a certain action must be taken.

Durable Power of Attorney Laws & Requirements in Virginia

How to Fill out a Durable Power of Attorney in Virginia

#1. Designate an Agent

Firstly, you should determine the person who is going to act on your behalf and represent you before third parties. That person should be an adult with legal capacity. Moreover, it should be someone you can trust, especially if they have the authority to make decisions about your finances and medical care.

After you have determined the agent, you should enter their full name and mailing address in the Virginia durable power of attorney form.

Here, you can also determine the successor agent. They will act in case the primary agent becomes incapacitated or, in some other way, becomes unable to represent you.

#2. Grant Authority

After determining the agent, you should define their scope of authority.

The Virginia durable power of attorney form provides three main options for determining the agent’s scope of authority:

#3. Ensure the Form is Durable

In Virginia, the power of attorney is durable by default, meaning that you must explicitly state in the document if you want your power of attorney to be non-durable.

#4. Sign the Form

The principal, or another person in their conscious presence and guided by them, must sign the Virginia durable power of attorney.

#5. Notarize the Form

The notary public or another person authorized to take the acknowledgments must notarize the Virginia durable power of attorney.

By notarizing the durable power of attorney, the principal will confirm the authenticity of the principal’s signature and the overall authenticity of the document and prevent any potential disputes in this regard.

#6. Store Your Durable Power of Attorney Form

After finalizing the durable power of attorney, you should keep the original copy in your possession and store it in a safe place.

Additionally, you can give one copy of the document to the agent so they can prove their capacity to the third parties they are interacting with on your behalf.

How to Revoke a Durable Power of Attorney in Virginia

The best and most efficient way to revoke the Virginia durable power of attorney is to issue a revocation letter. This letter should include the name of the agent and the date of issuance of the power of attorney you want to revoke.

After drafting and signing the revocation letter, you should send a copy to the agent and to every third party they are interacting with on your behalf so the revocation can become effective.