Power of Attorney - April 2008 - Virginia Department for the Aging

Sep 15, 2026

Uploaded by Bulrr

Guidance on creating and using Power of Attorney documents in Virginia, distinguishing regular power of attorney from durable power of attorney and explaining how durable authority continues after mental incapacity. Covers springing power of attorney and the conditions under which it becomes effective, plus general and limited power of attorney scopes, including limits on making wills. Includes practical cautions about fiduciary rules without formal oversight and discusses potential alternatives to guardianship to manage business and personal affairs.

LanguageEnglish

CategoryForms

FormatPDF

Pages7

Reading Time3 min

AccessFree to download

SPECIFIC LEGAL INFORMATION

What is a power of attorney?

What is a durable power of attorney?

What is a springing power of attorney?

What is a general power of attorney?

What is a limited power of attorney?

OTHER FREQUENTLY ASKED QUESTIONS

Why should I sign a power of attorney?

When does the power of attorney take effect?

COMMONWEALTH of VIRGINIA DEPARTMENT FOR THE AGING POWER OF ATTORNEY Power of Attorney and Durable Power of Attorney A Power of Attorney is a written document that allows you (the “principal”) to appoint another person that you trust (the “agent”) to act on your behalf. The “power” that you choose to give can be very narrow (for example, to sell a car) or it can be very broad to include buying and selling your property, making contracts on your behalf, making gifts, etc. A regular power of attorney is good only as long as you are capable of handling your affairs. However, a durable power of attorney document will remain effective even if you become incapacitated. Both the power of attorney and the durable power of attorney are created using specific language according to State law and are permitted in Virginia. A WORD OF CAUTION: Even though your agent must follow certain legal rules in Virginia as a“fiduciary,” there is no formal oversight of the agent. If there is no one you fully trust to act as your agent, this tool is not recommended. Please see the material that follows for more specific information on different types of Power of Attorney documents. The Virginia Department for the Aging gratefully acknowledges the assistance of the Virginia Poverty Law Center (Richmond, Virginia), for written material and Jackie Bedard,(T. C. Williams School of Law at the University of Richmond) who designed the original format while serving at VDA as an intern in 2005/2006. Virginia Department for the Aging – Power of Attorney Document (April 2008) Page 1 of 7 SPECIFIC LEGAL INFORMATION By: Virginia Poverty Law Center (April 2008) What is a power of attorney? A power of attorney is a written document that authorizes one person to act on behalf of another. The person giving the power of attorney is the ‘principal’ and the person who is authorized to act on behalf of the principal is the ‘attorney-in-fact’ or ‘agent’. The principal must be able to understand the nature and consequences of the power of attorney at the time he or she signs it in order for the power of attorney to be legally valid. This decision is made at the time you sign it, so it is still valid even if you later become incapacitated (if the power of attorney is "durable") . What is a durable power of attorney? A durable power of attorney will remain in effect if you later become mentally incapacitated. Virginia law requires language indicating that you intend for the power of attorney to remain in effect upon your disability; otherwise, the power of attorney would automatically terminate. What is a springing power of attorney? A power of attorney is normally effective as soon as you sign it unless it contains language stating that it will not go into effect until a specified time in the future (for example, if you later become unable to handle your own affairs). A power of attorney with this language is called a springing power of attorney. What is a general power of attorney? The general power of attorney gives the agent broad power to do almost anything for you, the principal. Virginia Department for the Aging – Power of Attorney Document (April 2008) Page 2 of 7 While the power of attorney may give the agent authority to make medical decisions, this authority is generally granted separately in an advanced medical directive or health care power of attorney. An agent cannot make a Will for you. What is a limited power of attorney? A limited power of attorney gives the agent authority to do only certain specific things spelled out in the document. OTHER FREQUENTLY ASKED QUESTIONS 1. Why should I sign a power of attorney? A durable general power of attorney could be very useful to you if you ever become temporarily or permanently incapacitated and unable to handle some or all of your business and personal affairs. Your agent could step in and take care of your affairs for you without delay. Having a powe

FAQs

What is a power of attorney in Virginia?

A power of attorney is a written document that authorizes one person to act on behalf of another. The person granting it is the principal, and the authorized person is the agent or attorney-in-fact.

How does a durable power of attorney differ from a regular one?

A durable power of attorney remains effective even if the principal becomes mentally incapacitated. Virginia law requires specific language showing the document should continue upon disability.

When does a springing power of attorney take effect?

It normally becomes effective only when a specified future condition occurs, such as when the principal becomes unable to handle affairs. Using it may require proof of disability each time the agent attempts to act.

Sep 15, 2026

Uploaded by Bulrr