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Virginia Power of Attorney Forms

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Virginia power of attorney can allow an individual to designate another person to stand in their place and act for them in specified situations. There are many different types which cover a broad range of situations and circumstances. There are POAs that cover financial affairs. Others may cover health care decisions or decisions involving taxes. Before you choose a form, read through the different types to determine which one fits your needs. Then think about who would be the right person to be your agent. Because your agent would have the authority to make decisions involving your property, assets and/or health, it is important to consider certain qualities such as trustworthiness, accessibility and availability.

LawsChapter 16 (Uniform Power of Attorney Act)

All Types

Advance Medical Directive (Medical POA) – This allows you to appoint another to make health care decisions and communicate with your medical providers on your behalf in the event you can no longer communicate your wishes competently.

Durable (Financial) Power of Attorney – This type is for use when you want to have someone in place to handle your financial matters. Because this type stays in effect even after you can no longer make your own decisions, many use this for long-term planning purposes.

General (Financial) Power of Attorney – This is similar to the durable form because it allows you to appoint someone to handle your financial affairs. However, it is different from the “durable ” form in that it automatically becomes void if you become incapacitated.

Limited (Springing) Power of Attorney – This can be used in discreet, limited situations of your own choosing. You can write with specificity how and when you want your agent to act.

Minor (Parental) Power of Attorney – Allows a parent to select a family member or close friend to take responsibility over the health-care, well-being, and education of their child.

Real Estate Power of Attorney – Select a representative to handle the sale, management, or purchase of real property for a specified period of time or on a durable basis.

Revocation of Power of Attorney – This form is to revoke any type of power of attorney that you may have entered into in the past.

Tax Power of Attorney (Form PAR 101) – You can use this when you want a tax professional to handle your dealings with the tax authority in Virginia.

Vehicle Power of Attorney (Form VSA-70) – This form is for use when you wish to designate a representative to act for you with regard to the Virginia Department of Motor Vehicles.

How to Write

1 – The Virginia Template To Designate Powers Should Be Accessed And Download

Download and complete this document by supplying the required information. This paperwork can be saved as a PDF, Word, or ODT file and may be done so at your discretion

2 – An Introduction Requiring Information Must Be Completed

The first paragraph of this paperwork has been developed with six blank lines. This declaration will serve nearly all situations where a Principal must designate an Agent with his or her Authority, however, it will need information placed directly onto these blank lines.

The first three blank areas call for the Principal’s Legal Name, Street Address, and State provided in that order. The last three empty spaces require the Attorney-in-Fact’s Full Name, Legal Address, and State of Residence presented on them.

3 – The Effective Date Defined Here Will Determine When These Powers Are Active

The “Effective Date” statement must have a Principal’s report on when he or she desires the Attorney-in-Fact to have the right to wield Principal Authority. The Calendar Date when the Principal signs this paperwork can be designated as the Effective Date if the Principal initials the first statement (“A”). If the Principal prefers, he or she can attach this document’s Effective Date as the day a Physician declares (in writing) the Principal as unable to make his or her own decisions by initialing the second statement (“B”).

4 – A Personal Approval Of Each Delivered Principal Approval Must Be Demonstrated

The area titled “Powers Of Attorney-in-Fact” will contain a listing of the various types of Principal Authority that can be designated to the Attorney-in-Fact’s scope of Principal Powers. The Principal named in this paperwork bears the responsibility of reviewing this list then determining precisely what he or she wishes the Attorney-in-Fact to have the Principal Power to perform in his or her name. This report can be produced when the Principal has initialed the statements that he or she wishes applied. Any Principal Power that has not been initialed by the Principal will be excluded from the deliverance of Principal Power this document enables.

The Principal can use the wording in the first list item, “Banking,” to give the Agent the ability to perform such actions on his or her behalf. Thus, by initialing the blank space preceding this word, the Principal will approve the Agent’s Principal Authority to make deposits, withdrawals, and various other actions with Principal Accounts with the same Authority to do so the Principal holds. If the Attorney-in-Fact must be able to handle the Safe Deposit Boxes that fall under the Authority of the Principal as if he or she were the Principal, then the Principal must initial the label “Safe Deposit Box” The next type of Principal Authority is that of “Lending Or Borrowing” and will be described in the third list item here. The Principal’s initials must appear on this line to grant the Attorney-in-Fact this type of Principal Authority If the Principal initials the list item with the label “Government Benefits” then he or she will deliver the Principal Authority to handle such affairs in his or her Name to the Attorney-in-Fact. Any “Retirement Plan” regarding the Principal can be acted on by the Attorney-in-Fact with Principal Authority if the Principal initials the blank line corresponding to the bold label “Retirement Plan.” The Principal Powers to represent the Principal with Principal “Taxes” can only be delivered with this paperwork if the Principal initials the blank line attached to this label In the seventh description, “Insurance,” the terminology presented will allow the Attorney-in-Fact to be appointed with the Principal Power to handle Insurance Matters on behalf of the Principal. If the Principal has determined the Agent should receive these Powers he or she must initial the “Insurance” paragraph. The Attorney-in-Fact will have the Authority to represent the Principal’s interests regarding “Real Estate” when the Principal initials the blank space attached to the eighth paragraph. The ninth item on this list, bearing the label “Personal Property,” should be initialed by the Principal if he or she wishes to grant the Attorney-in-Fact with the Principal Power to obtain or release the Principal’s Personal Property using the Name of the Principal The language in the next description, “Power To Manage Personal Property,” will give the Principal Authority to handle the Principal’s Personal Affairs. This gives the Attorney-in-Fact the ability to perform actions such as managing, renting, or encumbering Principal Property on behalf of the Principal. The “Gifts” statement will appoint the Attorney-in-Fact with the right to act with Principal Authority to make decisions and carry out actions such as forgiving debts once the Principal initials the blank space preceding it. If the Principal has determined the Attorney-in-Fact should take care of matters regarding his or her “Legal Advice And Proceedings” requirements or concerns with Principal Power, then he or she should initial the twelfth list item The next paragraph, designated as “Special Instructions,” serves as a tool for the Principal to directly communicate his or her preferences regarding the Powers being delivered to the Attorney-in-Fact. Any provisions (i.e. extensions, limitations, restrictions) that should be applied should be reported here. If there is not enough room, then continue on an attachment

5 – Additional Principal Approval Of This Entire Document Is Mandatory

The Principal will have to sign this document personally if he or she wishes to execute this delegation. This will begin with the Principal’s documentation of his or her Signature Date. The Principal should locate the statement “In Witness Whereof, I Have On This…”

The empty line under the Signature Date calls for the Signature of the Principal to be produced by the Principal. This must be done on the Signature Date. Once signed, the Principal should relinquish this paperwork to the two Witnesses who have watched him or her supply the signature above. Both Witnesses must sign one of the “Witness’s Signature” line and supply his or her Complete Address. Next, the Notary Public serving this signing must take possession of this paperwork so that he or she may notarize it using the section below the Witness Signature section. The “Specimen Signature And Acceptance Of Appointment” page requires the Attorney-in-Fact’s Name to be re-entered on the first blank space in its main statement. The Attorney-in-Fact must show his or her agreement to this statement by signing the “Attorney-in-Fact’s Signature line.” The area below this will serve the Notary Public’s purposes by supplying an area where he or she can subject it to the notarization process.


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