What the rule says
Virginia adopted the Uniform Power of Attorney Act effective July 1, 2010, codified at Va. Code § 64.2-1600 et seq. The Act provides Virginia with a modern, comprehensive POA framework similar to those in Ohio, Georgia, and North Carolina.
Default durability
A Virginia POA executed under the Uniform Act is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Hot powers requiring express grant
Under Va. Code § 64.2-1622, certain powers are "hot powers" requiring specific authorization:
- Creating, amending, modifying, revoking, or terminating an inter vivos trust - Making a gift - Creating or changing rights of survivorship - Creating or changing a beneficiary designation - Delegating fiduciary authority - Waiving the principal's right to be a beneficiary of a joint and survivor annuity - Disclaiming property
Third-party acceptance
Under Va. Code § 64.2-1620, third parties generally must accept a properly executed Virginia POA. Unreasonable refusal exposes the third party to liability.
Execution requirements
A valid Virginia POA must be:
- Signed by the principal (or by another at the principal's direction) - Acknowledged before a notary public
Notarial acknowledgment is required.
Healthcare power of attorney is separate
Virginia separates property and healthcare frameworks. Healthcare decisions require a separate Virginia Advance Medical Directive under Va. Code § 54.1-2981 et seq.
Statutory form
Va. Code § 64.2-1638 provides a statutory form. Use of the statutory form is not mandatory but provides reliable structure.
What happens without a POA
If a Virginia resident becomes incapacitated without an executed POA, the family must seek court appointment of a guardian or conservator under Va. Code § 64.2-2000 et seq. Costs typically exceed $3,000-$10,000 in initial fees.
What you can do about it
For Virginia residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Medical Directive. - Update older POAs. POAs from before July 1, 2010 may not benefit from the current framework.
Who this affects most
VA's Uniform POA Act is most consequential for VA adults without executed POAs, households with older POAs, and adult children caring for aging parents.