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Virginia Real Estate Power of Attorney Form

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Virginia Real Estate Power of Attorney Form, usually prepared by the principal issuing it, allows a selected Agent to perform duties with regard to real property with physical proof that he or she is carrying out the issuing principal’s wishes. This document will not provide permission for the agent to make any other decisions on behalf of the principal because the agent will only have the approval to carry out the actions defined with it. It should be mentioned that if there are other power documents granting one or more agent(s) principal power, it will be up to the issuing principal to make sure they do not conflict with this one. This delegation of principal power must be notarized in order for it to be accepted as the principal’s intentions by other parties. The Principal reserves the right to revoke this document at any time with or without explanation.

Laws – § 64.2-1625

How to Write

1 – Virginia Principal Real Estate Powers Can Be Delegated Using This Form

Determine which file type is best compatible with your system, then use the caption buttons under the image to gain access to a workable copy of this template.

2 – Produce Material To Supplement The Introduction’s Language

A basic introduction has been placed at the beginning of this document. Several areas, however, will need to specifically name the individuals concerned with this designation of Powers. Each space has been placed so that it will support the language the introduction contains (with the requested material).

The individual serving this document as the Principal should be named on the first empty line. Fill in the Full, Middle, and Last Name of the Principal on this line. The next empty areas will call for the Principal’s Full Address. Use the line before the label “Street Address” to record the Principal’s Residential Street Address. Then, complete this Address report with the City and State in the available areas after the phrases “City Of” and “State Of” (respectively) This introductory declaration shall also call for the Name and Address of the Attorney-in-Fact. Such information should be produced utilizing the three empty areas after the terminology “Hereby Appoint.” Supply the Legal Name of the Attorney-in-Fact on the first line after this term, then his or her Street Address, City, and State to the last three areas in this paragraph.

3 – Assigning Authority Will Involve Principal Review And Approval

The language in the first section, “Article I. Assignment Of Authority,” functions as a tool for the Principal to report and approve the determined types of Principal Authority he or she wishes to designate to the Attorney-in-Fact. The four basic types of Principal Real Estate Authority (Sale, Purchase, Management, Refinancing) will each be presented with a paragraph description of Principal Actions the Attorney-in-Fact may take with a Property so long as Principal Approval is supplied. Principal Approval can only be supplied by the Principal through the act of initialing the blank line attached to the Authority Type defined by a paragraph. In addition to his or her initials, the Principal must mark the checkbox between his initials and the title of the paragraph (in bold letters). For each Power assigned to the Attorney-in-Fact, the Physical Address where the Property is located, and its Legal Description must be supplied to the blank areas in the approved Power Type. Any Authority Type that is not initialed and checked by the Principal or does not have the Real Property’s Physical Address and Legal Description documented will be excluded from this delegation of Principal Authority and thus, restricted from the Attorney-in-Fact’s Principal Authority.

4 – The Effective Date Of This Designation Must Be Submitted By The Principal

The Principal Authority the Attorney-in-Fact is appointed with should be defined with its lifespan as well. By default, such Powers will be designated to the Attorney-in-Fact as of the Signature Date but will need to have the Termination Date defined. This definition must come from the Principal. Three statement definitions to this paperwork’s lifespan have been presented for Principal review in the area titled “III. Term.” The Principal will have to personally initial and check the statement he or she wishes to use when defining Attorney-in-Fact’s ability to use the Principal Authority here.

The first statement choice allows the Principal to set the Date of Termination within it. To do so, enter the Date as a Two-Digit Calendar Day, a Month Name, and a Two-Digit Year using the spaces after the words “…Automatically On The.” The Principal will have to initial and checkmark the box for statement “a” to apply it. Another option will be to set the Termination Date to automatically occur upon the Principal’s revocation, disability, or death. The Principal can apply this parameter by initialing and checking statement “b”

The third choice will effectively set the Powers here to be durable. That is, they will only terminate if the Principal willfully issues a revocation or he or she dies. To apply this delegation as a durable Authority the Principal must initial and check statement “c.”

5 – Several Signatures Must Accompany The Principal Signing

“Article VI Revocation” will set up the finalization of this document. The Principal’s initials in the first article will not be enough proof that he or she intends to designate the named Attorney-in-Fact with Principal Power. Similarly, while also required, the lifespan selected for this Authority cannot be applied only with the initials of the Principal. He or she must then signify his or her understanding of the language of this document and verify his or her intention to issue the Attorney-in-Fact these Powers through the Principal Act of Signing. This action will need several participants for the purpose of execution. The first step to this process will be to report the Calendar Date when the Principal will sign this paperwork. The statement containing the words “…I Have Executed This Instrument This” will supply three empty spaces so that each component (Two-Digit Calendar Day, Month, Two-Digit Year) will have a distinct area where it can be recorded The Principal Signing must be produced on the “Principal’s Signature” line and this should be followed by his or her printed Name on the “Print Name” line. After the Principal has furnished these items, the Attorney-in-Fact must sign and print his or her Name as well. He or she can use the blank lines labeled “Agent’s Signature” and “Print Name” to accomplish this task. Next, each person who has witnessed the signing of this paperwork must have his or her Name printed in one of the “Affirmation By Witness” sections. Both must sign and print the blank lines at the end of the “Affirmation By Witness” statement containing his or her Name. Finally, the Notarization process will be performed. Only the Notary Public present can perform this process using the “Notary Acknowledgment” section.


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