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Power of Attorney in Virginia: Requirements, Notary, and How to Get One
A Virginia power of attorney needs only your parent's signature, but notarizing it is what triggers the bank-acceptance rules and makes it recordable. Here is what the Uniform Power of Attorney Act requires.
By naveen · Updated · How we research our guides
What to know
- A Virginia power of attorney must be signed by your parent, or by someone in their conscious presence at their direction; the statute lists no witness or notary requirement for validity (Va. Code § 64.2-1603).
- Notarizing gives the signature a presumption of genuineness, and the rules requiring banks to accept on a deadline apply only to notarized powers of attorney.
- It's durable by default and effective immediately unless it says otherwise.
- Virginia's act doesn't include a fill-in power of attorney form, and it doesn't cover health care decisions; those belong in an advance directive.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Virginia power of attorney is valid once your parent signs it, or someone signs for them at their direction in their conscious presence; a notary is optional but triggers the deadlines for banks to accept it. The statute says it "shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney" (Va. Code § 64.2-1603). That's the only execution step the section lists. The same section adds that a signature acknowledged before a notary "is presumed to be genuine," and several of the law's practical protections depend on that step.
What is a durable power of attorney in Virginia?
A durable power of attorney is one that isn't ended by your parent's incapacity, and in Virginia every power of attorney is durable unless it says otherwise. The law is the Uniform Power of Attorney Act, Va. Code §§ 64.2-1600 to 64.2-1642. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal.
Under § 64.2-1602, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." The act applies to powers of attorney created before, on or after July 1, 2010. For reasons to sign one while your parent still can, see our guide to power of attorney for an elderly parent.
What does Virginia require for a power of attorney to be valid?
Only your parent's signature, or a signature made at their direction in their conscious presence (§ 64.2-1603); a notary is optional.
| Step | What the law says | Why it matters |
|---|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction | The only execution step § 64.2-1603 lists |
| Notary (optional) | A signature acknowledged before a notary "is presumed to be genuine" | Needed for the bank-acceptance rules (§ 64.2-1618) and to record it (§ 55.1-600) |
Section 64.2-1603 doesn't mention witnesses, and the act doesn't set witness qualifications. A copy works too: "a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original," unless another statute says otherwise.
Is there an official Virginia power of attorney form?
Not for your parent to fill in. Article 3 of the act is titled "Statutory Forms," but the only form in it is for the agent: an optional "AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY" (§ 64.2-1639), signed before a notary, which a bank can ask for.
Instead, the act lets a document grant powers by naming subjects. Under § 64.2-1623, referring to a subject such as real property, banks and other financial institutions, retirement plans or taxes, or citing its section, "incorporates the entire section as if it were set out in full in the power of attorney."
Some powers need an express grant. Under § 64.2-1622, an agent can create or change a trust, make a gift, create or change rights of survivorship or a beneficiary designation, or delegate authority "only if the power of attorney expressly grants the agent the authority." One Virginia rule cuts the other way for gifts: a power of attorney granting authority to do all acts your parent could do also allows gifts "in accordance with the principal's personal history of making or joining in the making of lifetime gifts."
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (§ 64.2-1607). If it starts on incapacity and no one is named to decide, a written determination by your parent's attending physician and a second physician or licensed clinical psychologist, or in some cases an attorney, judge or government official, triggers it.
Under § 64.2-1608, it ends when your parent dies or revokes it, when the document says it ends or its purpose is accomplished, or when the agent's authority ends and no other agent is named. An agent's authority ends, unless the document says otherwise, when "an action is filed (i) for the divorce or annulment of the agent's marriage to the principal or their legal separation," and also when either spouse files for separate maintenance or for custody or visitation of a child they share. It also ends if the agent is convicted of financial exploitation of your parent.
A court-appointed conservator doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court." If your parent names coagents, "each coagent may exercise its authority independently" unless the document says otherwise.
What does the agent have to do?
Under § 64.2-1612, whatever the document says, an agent must act according to your parent's reasonable expectations as far as the agent knows them, otherwise in their best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and diligence, and "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
Virginia also gives relatives a way to ask questions. People listed in § 64.2-1614, including your parent's spouse, parent, descendant, adult sibling, niece or nephew, and the local adult protective services unit, can ask the agent to disclose actions taken in the past five years if they believe in good faith that your parent is incapacitated. The agent has 30 days to comply or explain why more time is needed. For a power of attorney created on or after July 1, 2026, a clause waiving these duties counts only if your parent signed or initialed an express statement that they understand it. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Virginia power of attorney?
A notarized one, yes, within set deadlines, unless one of the statute's listed exceptions applies. Under § 64.2-1618, "A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. "A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented."
The statute lists reasons a bank can still refuse, such as a good-faith belief the document isn't valid, actual knowledge that it has ended, or a report to adult protective services about suspected abuse or exploitation by the agent. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney fees and costs.
Does a Virginia power of attorney need to be recorded?
No recording requirement appears in the Virginia sections we read, but recording is allowed: "A power of attorney may be recorded in any county or city" (§ 55.1-605). To be recordable, it must be acknowledged before a notary or proved by two witnesses (§§ 64.2-1603, 55.1-600). A writing that isn't properly notarized stays valid but "shall not be in proper form for recordation."
When the agent later signs a document for your parent, the same recording rule covers the agent's signature: under § 55.1-600, when a writing "is signed by a person acting on behalf of another, or in any representative capacity, the signature of such representative may be acknowledged or proved in the same manner."
How do you get a power of attorney for an elderly parent in Virginia?
Your parent makes it by signing, and acknowledging the signature before a notary is the step that brings in the bank-acceptance rules. The steps, in order:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document drafted for your parent's situation, since Virginia doesn't print a fill-in form.
- Go through the powers with your parent, including any gifts, trusts or beneficiary changes that need an express grant.
- Your parent signs and acknowledges it before a notary.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint: your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. The Virginia Code doesn't print a fill-in power of attorney form; for drafting help, see what an elder law attorney does.
How do you revoke a power of attorney in Virginia?
Your parent revokes it; the act lists revocation as one way a power of attorney ends (§ 64.2-1608) but doesn't prescribe a method. People who act in good faith "without actual knowledge of the termination" are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.
Signing a new power of attorney doesn't cancel an older one unless the new one says so.
How much does a power of attorney cost in Virginia?
Virginia caps the notary's fee for an acknowledgment at $10, and any attorney's drafting fee or recording fee is separate. Under Va. Code § 47.1-19, a notary may charge "a fee up to $10" for taking an acknowledgment, and "a fee not to exceed $25" for an electronic document. The Secretary of the Commonwealth's notary handbook says the same. A notary may also recover agreed travel expenses.
Virginia has no fill-in statutory form, so if an attorney drafts the document, ask about the fee before the work starts.
Frequently asked questions
Does a power of attorney need to be notarized in Virginia?
Not to be valid. Va. Code § 64.2-1603 requires only your parent's signature. But a notarized signature is presumed genuine, the seven-business-day rule for banks applies only to notarized powers of attorney, and a power of attorney must be acknowledged, or proved by two witnesses, to be recorded with a county or city clerk.
Is a Virginia power of attorney durable?
Yes, by default. Under Va. Code § 64.2-1602, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." No special durability wording is needed, and the agent's authority continues despite the time that has passed since your parent signed it.
Where can I get a Virginia power of attorney form?
Virginia's act doesn't print a fill-in form for your parent. Its only statutory form is the agent's certification in § 64.2-1639. A document can grant powers by naming subjects described in the act, such as real property or banking. An attorney can draft one for your parent's situation, signed before a notary.
Can a Virginia power of attorney make medical decisions?
No. The act doesn't apply to "A power to make health care decisions." Virginia handles those through an advance directive under the Health Care Decisions Act, which can name a health care agent and needs two adult witnesses. Our guide to the Virginia advance directive explains it.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it. If your parent can no longer make that decision, a court guardianship or conservatorship may be the remaining route. A power of attorney can nominate a conservator or guardian for the court to consider.
Is a power of attorney from another state valid in Virginia?
Yes, if it met the right law when signed. Under Va. Code § 64.2-1604, a power of attorney executed outside Virginia is valid there if it complied with the law of the jurisdiction that governs its meaning, the federal requirements for a military power of attorney, or Virginia law.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Virginia a notary is what triggers the bank-acceptance rules. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Code of Virginia Title 64.2, Chapter 16, Uniform Power of Attorney Act: durability (§ 64.2-1602), execution (§ 64.2-1603), validity and out-of-state powers (§ 64.2-1604), effective date (§ 64.2-1607), termination (§ 64.2-1608), duties (§ 64.2-1612), acceptance (§ 64.2-1618), express grants (§ 64.2-1622) and the agent's certification (§ 64.2-1639).
- Code of Virginia Title 55.1, Chapter 6, Recordation of Documents: recording requirements (§§ 55.1-600, 55.1-602) and where a power of attorney may be recorded (§ 55.1-605).
- Va. Code § 47.1-19, Notary fees: the maximum notary fees.
- Secretary of the Commonwealth, Notary commissions: the Virginia Notary Public Handbook.
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