Virginia Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Virginia adopted the Uniform Power of Attorney Act (UPOAA), codified at Va. Code §§ 64.2-1600 through 64.2-1642, effective July 1, 2010. Under Virginia law, a financial power of attorney is durable by default: unless the document expressly states otherwise, the agent's authority continues even if the principal later becomes incapacitated. Execution requires the principal's signature acknowledged before a notary public; witnesses are not required for a financial POA. Healthcare decision-making authority is a completely separate matter governed by the Health Care Decisions Act, Va. Code §§ 54.1-2981 et seq.

What a Power of Attorney Does in Virginia

A power of attorney is a written document in which a principal grants an agent authority to act on the principal's behalf. In Virginia, financial powers of attorney are governed by the Uniform Power of Attorney Act at Va. Code Title 64.2, Chapter 16. The scope of the agent's authority depends entirely on what the document specifies: it can be broad, covering all property and financial affairs, or limited to a single transaction or category.

An agent under a Virginia financial POA acts as a fiduciary from the moment they accept the role. The agent must act in the principal's best interest, within the scope of the granted authority, and in good faith at all times.

A power of attorney ends automatically when the principal dies. After death, the personal representative of the estate, not the agent, controls the principal's property. An agent has no authority to act after the principal's death, regardless of what the document says.

Durable Power of Attorney in Virginia

Virginia's default rule under Va. Code § 64.2-1602 is that a power of attorney is durable unless the document says otherwise. The statute provides: "A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal."

This is the opposite of the common law rule. Under common law, a POA was automatically terminated by the principal's incapacity. Virginia's UPOAA reverses that default so that a POA continues through incapacity unless the principal specifically opts out. In practical terms, a Virginia POA is effective for long-term planning right from the day it is signed, without any special durability language being required.

A principal who wants a non-durable POA must include express language in the document stating that the power terminates upon the principal's incapacity. A principal who wants a springing POA, one that takes effect only upon incapacity, must also include language to that effect under § 64.2-1607.

How to Create a Valid Virginia Power of Attorney

Va. Code § 64.2-1603 sets out the execution requirements for a financial POA in Virginia.

Signature. The principal must sign the power of attorney, or direct another individual to sign the principal's name in the principal's presence.

Notarization. A signature on a Virginia POA is presumed genuine if the principal acknowledges the signature before a notary public or another individual authorized by law to take acknowledgments. Notarization is not technically required for validity, but a POA signed without acknowledgment does not carry the presumption of genuineness that third parties rely on. In practice, every financial POA intended for use with banks, title companies, or government agencies should be notarized.

No witnesses required. Virginia's financial POA statute does not require witness signatures. This distinguishes Virginia financial POAs from the advance directive for healthcare (discussed below), which does require two witnesses.

Recordation. When the authority granted involves real property transactions that must be recorded under Virginia law, the POA must be in recordable form satisfying Va. Code § 55.1-600. This requires the document to be notarized and in proper form for the circuit court clerk's office.

Copies. Under § 64.2-1604, a photocopy or electronically transmitted copy of an original power of attorney has the same legal effect as the original, unless another statute specifies otherwise.

What a Virginia Agent Can and Cannot Do

Fiduciary Duties

An agent who accepts a Virginia POA takes on mandatory duties under Va. Code § 64.2-1612. These duties are not optional and cannot be waived entirely, though the document may expand or restrict some of them.

The agent must:

• Act according to the principal's reasonable expectations and in the principal's best interest
• Act in good faith and within the scope of the authority granted
• Maintain loyalty to the principal, avoiding conflicts of interest
• Exercise reasonable care and competence
• Keep records of all receipts, disbursements, and transactions made on the principal's behalf
• Upon reasonable request, disclose financial records to the principal within 30 days, with a maximum of 60 days if more time is needed
• Cooperate with the principal's healthcare decision-maker where their responsibilities overlap
• Preserve the principal's estate plan to the extent reasonably possible, including considering tax minimization and eligibility for government benefits

Hot Powers Requiring Express Authorization

Certain high-stakes actions are off-limits unless the POA document specifically and expressly grants each one. Under Va. Code § 64.2-1622, an agent must have explicit written authority to do the following, with one exception for gift-making described just below the list:

• Create, amend, revoke, or terminate an inter vivos trust
• Make a gift
• Create or change rights of survivorship in property
• Create or change a beneficiary designation on any account or insurance policy
• Delegate authority granted under the POA to another person
• Waive the principal's right to a survivor annuity or benefit under a retirement plan
• Exercise fiduciary powers that the principal has authority to delegate
• Access the principal's electronic communications

A general grant of authority does not cover most of these powers; each one must be expressly identified in the document. Gift-making is the exception: under § 64.2-1622(H), if the POA grants the agent authority to do all acts the principal could do, the agent automatically has authority to make gifts consistent with the principal's personal history of lifetime giving, without a separate express gift clause, unless the document limits or removes that authority. An agent who is not an ancestor, spouse, or descendant of the principal faces an additional limit: absent express authorization, that agent may not use hot powers to create any interest in property for themselves or for persons they legally support.

Third-Party Acceptance and Refusal Sanctions

Under Va. Code § 64.2-1617, a person who acts in good faith and relies on an acknowledged POA signed under § 64.2-1603 is protected. Third parties may accept the POA as genuine, valid, and still in effect without independent investigation, as long as they do not have actual knowledge of invalidity.

Va. Code § 64.2-1618 imposes strict requirements on entities such as banks and financial institutions. After an acknowledged POA is presented, the entity must either accept it or request additional information within seven business days. If additional information is requested, acceptance must follow within five business days of receiving it. Entities that improperly refuse face two consequences: a court order compelling acceptance, and liability for the principal's reasonable attorney fees and costs incurred in any legal proceeding to confirm the POA's validity.

Refusal is permissible only in limited circumstances, including when the entity has actual knowledge that the agent's authority has terminated, when federal law prohibits the transaction, when the entity would not conduct the transaction with the principal directly, or when the entity has made a good-faith report of suspected financial exploitation to adult protective services.

Advance Medical Directive in Virginia

Healthcare decision-making authority in Virginia is entirely separate from financial POA authority and is governed by the Health Care Decisions Act, Va. Code §§ 54.1-2981 et seq. A financial POA cannot be used to authorize medical decisions, and a healthcare advance directive cannot be used to manage financial affairs.

Under Va. Code § 54.1-2983, an adult with decision-making capacity may execute a written advance directive that can do one or more of the following: specify what healthcare the person authorizes or refuses, appoint a healthcare agent to make decisions on the person's behalf, and designate the disposition of the person's body after death.

Execution of the advance directive. A written advance directive must be signed by the declarant in the presence of two subscribing witnesses. Unlike the financial POA, notarization is not mentioned as a requirement; witnesses are required instead. The witnesses must observe the signing but need not meet specific disqualification criteria that some other states impose (though the declarant should confirm the form's instructions for witness qualifications under § 54.1-2984's suggested form).

Agent authority. The healthcare agent appointed in the advance directive may make any healthcare decision the declarant could have made, subject to any limitations stated in the directive. The agent's authority under § 54.1-2986.1 applies when the declarant lacks capacity to make or communicate healthcare decisions.

Notification. Under § 54.1-2983, it is the declarant's responsibility to notify their attending physician that an advance directive exists. If the declarant cannot communicate, others may notify the physician on the declarant's behalf. Once notified, the physician must include the directive in the medical record.

Revocation. Under Va. Code § 54.1-2985, a declarant may revoke an advance directive at any time by: (1) a signed, dated writing; (2) physical destruction of the document by the declarant or by another person at the declarant's direction; or (3) oral expression of intent to revoke. Revocation is effective upon communication to the attending physician.

Virginia also provides a suggested form for advance directives under § 54.1-2984 that covers both treatment instructions and healthcare agent appointment. Use of the statutory form is not required; any document meeting the requirements of § 54.1-2983 is valid.

Revoking or Ending a Virginia Power of Attorney

A competent principal may revoke a financial POA at any time. Virginia law does not prescribe a specific form for revocation. Under Va. Code § 64.2-1608, a financial power of attorney terminates when:

• The principal dies
• The principal becomes a vulnerable adult, if the power of attorney is not durable
• The principal revokes the power of attorney
• The document provides for a termination date or condition, and it occurs
• The purpose of the POA is accomplished
• The agent dies, becomes a vulnerable adult, or resigns and no successor agent is named

An agent's individual authority also terminates when the principal revokes that authority, or when the agent is a spouse and the principal files for divorce, annulment, or legal separation (or files a petition for custody or visitation), unless the POA expressly provides otherwise. Authority terminates upon filing, not upon entry of a final decree. An agent convicted of financial exploitation of the principal also loses authority under the statute.

Revocation is not effective against a third party who, without actual knowledge that the POA has been revoked, relies on it and acts in good faith. The principal's successors in interest remain bound by those good-faith acts. For this reason, after revoking a POA, a principal should provide written notice to all institutions and individuals who hold or may be presented with the old document.

For the complete 50-state overview, see our national Power of Attorney guide.

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Legal information, not legal advice. This page summarizes Virginia statutory law governing powers of attorney and advance directives. It does not constitute legal advice and does not create an attorney-client relationship. Virginia estate planning involves individual circumstances that a Virginia-licensed attorney can evaluate. Consult a qualified Virginia attorney before executing or relying on any power of attorney document.

Statutes cited reflect their in-force version as of May 31, 2026.

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