Power of Attorney in Virginia: Guide and Requirements

Virginia allows medical and financial powers of attorney, plus power of attorney for minors.

Many, or all, of the products featured on this page are from our advertising partners who compensate us when you take certain actions on our website or click to take an action on their website. However, this does not influence our evaluations. Our opinions are our own. Here is a list of our partners and here's how we make money.


The investing information provided on this page is for educational purposes only. NerdWallet, Inc. does not offer advisory or brokerage services, nor does it recommend or advise investors to buy or sell particular stocks, securities or other investments.

Published · 2 min read
Profile photo of Roberta Pescow
Written by Roberta Pescow
Profile photo of Dalia Ramirez
Edited by Dalia Ramirez
Lead Writer
Fact Checked

A power of attorney in Virginia is a legal document giving someone authority to act on your behalf. A POA can be for medical, financial or other matters

Virginia Legal Aid. Power of Attorney. Accessed Aug 4, 2023.
. The person granting the authority is theprincipal.” The person you let act on your behalf is the “agent” or “attorney-in-fact.”

Power of attorney requirements vary from state to state. Here’s what to know about a power of attorney designation in Virginia and how to get one.

What are the requirements to get a POA in Virginia?

In order for a power of attorney to be valid in Virginia, the following requirements must be met:

  • The principal must have mental capacity. This means they are able to understand the agreement being made and willingly agree to it without being coerced. According to Virginia law, all adults are assumed to have mental capacity unless determined otherwise

    Virginia's Legislative Information System. Capacity; required determinations. Accessed Aug 4, 2023.
    .

  • Proper signatures and notarization are required. The principal must sign the POA document or be present if someone signs for them. Virginia also requires that a notary public or someone authorized to “take acknowledgments” be present

    Virginia's Legislative Information System. Execution of power of attorney. Accessed Aug 4, 2023.
    .

  • Your agent must be a mentally competent adult. This should also be someone you trust completely and who is willing and able to make difficult medical or financial decisions if needed.

What are the different types of POA in Virginia?

In Virginia, there are three basic POA types:

  • Financial power of attorney. This document allows someone else to handle financial matters for you, such as paying bills or purchasing stocks.

  • Medical power of attorney. Known in Virginia as an advance medical directive, this POA allows someone to make medical decisions on your behalf, including treatments, choosing health care facilities and surgery.

  • Minor power of attorney. This document allows parents to select another trusted individual to care for their child and make decisions regarding the child’s education, health care and well-being.

A medical or financial power of attorney can also be one or more of the following:

  • Durable power of attorney. A durable POA remains valid if you become incapacitated and unable to make your own decisions. In Virginia, all powers of attorney are durable unless they clearly state otherwise

    Virginia's Legislative Information System. Validity of power of attorney. Accessed Aug 4, 2023.
    .

  • General power of attorney. This document gives the agent all the rights and powers of the principal and allows the agent to perform a broad range of duties on the principal’s behalf. It is durable by default but can be nondurable if specifically stated to be so.

  • Limited power of attorney. This document allows the agent to perform specific functions for the principal, often for a limited time period. For example, a limited power of attorney might allow someone to pay your bills or care for your minor child while you’re hospitalized or traveling on business. In Virginia, you can have a limited POA for real estate, taxes or even for your vehicle to represent you at the DMV

    dmv.virginia.gov. Party of attorney to sign for owner. Accessed Aug 4, 2023.
    .

  • Springing power of attorney. This POA doesn’t take effect until a specified time or circumstance (such as the principal becoming incapacitated) takes place.

» Estate planning? Here’s a 7-step guide

What are the steps for getting a POA in Virginia?

Follow these simple steps to create a power of attorney in Virginia:

  1. Decide what type of power of attorney best suits your situation, including what general or specific powers you want to grant to your agent.

  2. Select a person you trust to be your agent and name a co-agent or successor agent if desired.

  3. Draft a power of attorney document with an attorney, through an online legal service or by downloading a template. Because all powers of attorney are durable by default in Virginia, you’ll need to specify if you want your POA to be nondurable.

  4. Sign your document with a notary public present.

  5. Provide your agent with a copy of your POA and store the original in a safe place that your loved ones can access. You may also want to provide your financial or medical institutions with a copy. In Virginia, an electronically transmitted copy, such as an email or a photocopy of your document, carries the same authority as the original POA.

  6. File a copy of your POA with your local land records office if it involves real estate. In Virginia, this is a division of the circuit court clerk’s office. 

Where can I get a power of attorney form?

The State of Virginia doesn't have an official general power of attorney form. A lot of third-party websites offer templates, but you'll need to make sure they contain the required components, that you get the appropriate signatures and notarizations and that the end product reflects your wishes.

However, the state does have a form you can fill out if you want to give someone power of attorney to act on your behalf in front of the Virginia Department of Taxation (Form PAR 101)

Virginia Department of Taxation. Power of Attorney and Tax Information Authorization. Accessed Jun 22, 2024.
. Also, if you'd like to give someone power of attorney to act on your behalf with the Virginia Department of Motor Vehicles, there's a form for that too (Form VSA 70) .

How much does it cost to get a power of attorney in Virginia?

How much a POA document costs depends on the method you choose. Here are some options:

  • Download POA templates for free online and only pay a notary fee, which is sometimes free and can cost up to $5 in Virginia. 

  • Hire an estate planning attorney to guide you through the process, which will likely cost at least $200 to $500. If you wish to hire a lawyer but can’t afford one, you can call the Legal Service Corporation of Virginia at 804-782-9438 or visit valegalaid.org to help you locate your local legal aid office.

  • Use an online legal service, which could cost less than $40 for a basic POA document. 

» Looking for estate planning software? Here are our top picks

Frequently asked questions

To give someone the power to file your taxes in Virginia, you’ll need a Power of Attorney and Declaration of Representative (Form PAR 101). You’ll also fill out Form R-7 (Application for Enrollment as a Virginia Authorized Agent) if you want your agent to automatically receive copies of all your tax correspondence. You can find more detailed instructions for these forms with the Virginia Department of Taxation.

In Virginia, all powers of attorney are durable, meaning they last until you die. Your durable power of attorney will end if:

  • You revoke it. You can do this at any time as long as you’re mentally competent.

  • You have no available agent. To avoid this happening, consider appointing a successor agent in case your agent dies, resigns or becomes incapacitated.

  • Your POA is invalidated by a court. This rarely happens but could occur if a court finds you were forced to sign your POA or weren’t mentally competent at the time you created it.

  • You or your agent take legal action against one another for divorce, alimony, child custody or child visitation (unless your POA states otherwise).

Advertisement
Trust & Will - Will

GoodTrust

LegalZoom - Last Will

Price (one-time)

Will: one-time fee of $199 per individual or $299 for couples. Trust: one-time fee of $499 per individual or $599 for couples.

Price (one-time)

$149 for estate plan bundle. Promotion: NerdWallet users can save up to $10.

Price (one-time)

Will: $199 for Basic, $299 for Premium with attorney assist. Trust: $499 for Basic, $599 for Premium with attorney assist.

Price (annual)

$19 annual membership fee.

Price (annual)

$39

Price (annual)

$199 per year for attorney assistance after the first year.

Access to attorney support

Yes

Access to attorney support

No

Access to attorney support

Yes

Compare online will makers

Advertisement
Company
NerdWallet
rating
Price
(one-time)
Price
(annual)
Access to
attorney support
Learn more
Ease of use
Trust & Will - Will
Trust & Will - Will
Get started

on Trust & Will's website

Will: one-time fee of $199 per individual or $299 for couples. Trust: one-time fee of $499 per individual or $599 for couples. $19 annual membership fee.Yes
Get started

on Trust & Will's website

Digital Assets
GoodTrust
GoodTrust
Get started

on GoodTrust's website

$149 for estate plan bundle. Promotion: NerdWallet users can save up to $10.$39No
Get started

on GoodTrust's website

State-specific legal advice
LegalZoom - Last Will
LegalZoom - Last Will
Get started

on LegalZoom's website

Will: $199 for Basic, $299 for Premium with attorney assist. Trust: $499 for Basic, $599 for Premium with attorney assist.$199 per year for attorney assistance after the first year.Yes
Get started

on LegalZoom's website

Comprehensive services
Nolo’s Quicken WillMaker - WillMaker
Nolo’s Quicken WillMaker - WillMaker
Get started

on Nolo's website

None$99 to $209 per year.No
Get started

on Nolo's website

Get more smart money moves – straight to your inbox
Sign up and we’ll send you Nerdy articles about the money topics that matter most to you along with other ways to help you get more from your money.
Nerdwallet advisors logo

Work on an estate plan with a financial advisor by your side. Find a trusted advisor for free with NerdWallet Advisors Match.

Illustration
Advertisement