Permitted in Virginia?
Yes, a power of attorney may be drafted so that it only becomes effective in the event that the principal becomes incapacitated.[1]
Signing Requirements
The principal’s signature must be acknowledged before a notary public or someone authorized by law to take such acknowledgments.[2]
“Incapacity” Definition
“Incapacity” means inability of an individual to manage property or business affairs because the individual:[3]
- Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
- Is missing or outside the United States and unable to return.