Updated August 3, 2026. Quick answer: A power of attorney must be signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign; notarization is not mandatory for validity — it only creates a presumption of genuineness (and is separately needed only if the instrument is to be recorded under § 55.1-600) — and Virginia’s UPOAA imposes no witness requirement.. This state has no statutory form. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | A power of attorney must be signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign; notarization is not mandatory for validity — it only creates a presumption of genuineness (and is separately needed only if the instrument is to be recorded under § 55.1-600) — and Virginia’s UPOAA imposes no witness requirement. |
| Statutory form | No |
| Durability | Durable by default |
| Who may not witness | none stated (no witnesses required by statute) |
| Agent must accept in writing | No |
| Statute | Va. Code Ann. Title 64.2, Chapter 16, Uniform Power of Attorney Act, §§ 64.2-1600 through 64.2-1642 |
What decides whether the document is valid
A power of attorney must be signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign; notarization is not mandatory for validity — it only creates a presumption of genuineness (and is separately needed only if the instrument is to be recorded under § 55.1-600) — and Virginia’s UPOAA imposes no witness requirement. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: none stated (no witnesses required by statute) This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
There is no statutory form
Virginia does not put a form in its statute, so there is nothing official to copy. The requirements above still govern whatever document you use.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Virginia addresses this by statute: Yes. Va. Code Ann. § 64.2-1618: a person must accept an acknowledged POA, or request a certification/translation/opinion of counsel, no later than 7 business days after presentation; if requested, must accept within 5 business days after receipt of the certification/translation/opinion. Wrongful refusal is subject to a court order mandating acceptance and liability for reasonable attorney’s fees and costs, subject to listed exceptions.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
This state has no statutory form to copy, which is the case where a drafted document earns its keep. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. Where the estate is complex or a dispute is likely, see a lawyer instead.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.