Virginia: Power of Attorney Requirements

The short answer

Virginia's execution rule is one sentence: "a power of attorney 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" (§
64.2-1603). No witnesses are required, and notarization is not a validity
requirement — but "a signature on a power of attorney is presumed to be
genuine if the principal acknowledges the signature before a notary public,"
and the same sentence adds a practical trigger: "a power of attorney in
order to be recordable shall satisfy the requirements of § 55.1-600," which
means acknowledgment (or two-witness proof) before the circuit court clerk.

Two more Virginia basics: a power of attorney (POA) is durable by default (§
64.2-1602), and unlike a number of Uniform Power of Attorney Act states,
Virginia's Act does not include a fill-in statutory form for principals to
use — only an optional Agent's Certification form for later use (§ 64.2-1639).

Requirements one by one

Governing law

Virginia adopted the Uniform Power of Attorney Act, codified as Chapter 16 of
Title 64.2 (§§ 64.2-1600 to 64.2-1642), effective July 1, 2010. The Act also
carves out a handful of exclusions beyond the usual UPOAA list, including "a
power to make arrangements for burial or disposition of remains" under a
separate advance-directive statute (§ 64.2-1601).

Who must sign

The principal — or, if the principal cannot sign, "another individual
directed by the principal to sign the principal's name," acting "in the
principal's conscious presence" (§ 64.2-1603). Conscious presence means the
principal is aware of the signing as it happens.

Notarization

Optional for basic validity, effectively required for real estate. Virginia
follows the uniform act's presumption pattern: an acknowledged signature "is
presumed to be genuine" (§ 64.2-1603). But the same section ties recordability
directly to formality: "a power of attorney in order to be recordable shall
satisfy the requirements of § 55.1-600," which calls for the signature to be
"acknowledged," or "proved by two witnesses," before the circuit court clerk
(§ 55.1-600). No acknowledgment (or witness proof), no recordable power of
attorney — which matters the moment your agent needs to sign a deed.

Witnesses

Not required for basic execution. They surface only as an alternative route
to recordability: § 55.1-600 lets a writing be recorded once it is "proved by
two witnesses" before the clerk instead of acknowledged — a fallback path,
not an added requirement on top of notarization.

Statutory form

No. Unlike many Uniform Power of Attorney Act states, Virginia's General
Assembly did not enact the model act's optional long-form power of attorney.
Article 3 of Chapter 16 contains only "an optional form" for a different
purpose — an agent's after-the-fact certification "of facts concerning a
power of attorney" (§ 64.2-1639), not a document for a principal to fill out
and sign in the first place.

Durable by default?

Yes. A POA created under the Act "is durable unless it expressly provides
that it is terminated by the incapacity of the principal" (§ 64.2-1602). No
durability wording is needed.

Springing POA allowed?

Yes. A POA "is effective when executed unless the principal provides in the
power of attorney that it becomes effective at a future date or upon the
occurrence of a future event or contingency" (§ 64.2-1607(A)). You may name a
person to determine in writing that the trigger occurred (§ 64.2-1607(B)). If
the trigger is your incapacity and you named no one — or that person will
not act — the statute supplies two fallback paths: a written determination by
"the principal's attending physician and a second physician or licensed
clinical psychologist" who personally examined you, or, for incapacity based
on being missing or unable to return to the country, a determination by "an
attorney-at-law, a judge, or an appropriate governmental official" (§
64.2-1607(C)).

Real estate extras

Virginia doesn't impose a separate rule requiring the power of attorney to be
recorded before a real estate transfer the way some states do. Instead, it
conditions recordability itself on formality: to be recordable at all, the
power of attorney "shall satisfy the requirements of § 55.1-600" (§
64.2-1603) — acknowledgment, or proof by two witnesses, before the circuit
court clerk of the locality. In practice, if your agent will sign a deed,
deed of trust, or other instrument affecting real property, get the power of
attorney acknowledged so it can be recorded alongside (or ahead of) that
instrument.

Out-of-state POAs

Recognized. A POA executed outside Virginia "is valid in the Commonwealth if,
when the power of attorney was executed, the execution complied with" the
law of the jurisdiction governing its meaning and effect, the federal
military power of attorney statute, or Virginia's own law (§ 64.2-1604(C)).
Copies count too: a photocopy or electronically transmitted copy "has the
same effect as the original" unless another statute provides otherwise (§
64.2-1604(D)).

What trips people up

• Skipping the notary because you can. Validity needs only a signature,
  but without acknowledgment there's no presumption of genuineness and no way
  to record the document for a real estate transaction (§ 64.2-1603, §
  55.1-600).
• Looking for an official Virginia POA form. There isn't one — Virginia
  never enacted the uniform act's optional statutory form, so a template
  copied from a UPOAA state with a fill-in form may not match Virginia
  practice; only the Agent's Certification form is codified (§ 64.2-1639).
• Assuming the power of attorney is automatically recorded with the deed.
  Recording is conditioned on the power of attorney separately satisfying §
  55.1-600 — plan for that acknowledgment before the closing, not after.
• Springing triggers without a named determiner. The statutory fallback
  for incapacity requires two examiners (an attending physician plus a
  second physician or psychologist) (§ 64.2-1607(C)) — naming your own
  determiner in the document is usually simpler.

Common questions

Does Virginia require witnesses or a notary? Neither is required for
basic validity — just the principal's signature (§ 64.2-1603). Notarization
adds a presumption of genuineness and is needed to make the document
recordable for real estate use (§ 55.1-600).

Is a Virginia power of attorney durable automatically? Yes, unless the
document expressly says it terminates on your incapacity (§ 64.2-1602).

Can it take effect only if I become incapacitated? Yes. Say so in the
document, and ideally name someone to make the written determination; if you
don't, the statute requires two examiners (your attending physician plus a
second physician or licensed clinical psychologist) or, for other incapacity
grounds, an attorney, judge, or government official (§ 64.2-1607).

Will my out-of-state power of attorney work in Virginia? Yes, if its
execution complied with the law of the jurisdiction governing it (§
64.2-1604(C)). For Virginia real estate, the § 55.1-600 acknowledgment
requirement still applies before it can be recorded.

Statutes and sources

All quotations are from the Code of Virginia as published on the Virginia
General Assembly's Legislative Information System at law.lis.virginia.gov,
accessed 2026-07-04.

• § 64.2-1602 — durability by default. Quoted above.
  View official text (law.lis.virginia.gov)
• § 64.2-1603 — execution requirement, acknowledgment presumption, and
  recordability cross-reference. Quoted above.
  View official text (law.lis.virginia.gov)
• § 64.2-1604 — validity, out-of-state powers, and copies. Quoted above.
  View official text (law.lis.virginia.gov)
• § 64.2-1607 — when a power of attorney takes effect; springing
  mechanisms. Quoted above.
  View official text (law.lis.virginia.gov)
• § 55.1-600 — acknowledgment or two-witness proof required to record a
  writing. Quoted above.
  View official text (law.lis.virginia.gov)
• § 64.2-1639 — the optional Agent's Certification form (Article 3's
  only form). Quoted above.
  View official text (law.lis.virginia.gov)

Pending legislation: House Bill 929 (2026 Regular Session), described above,
passed the House but was continued to the 2027 session by a Senate committee
as of July 4, 2026.