A Virginia durable power of attorney is a legal document that enables an individual (the “principal”) to select a trusted agent to act on their behalf past the point of the principal’s incapacitation. Whereas a general, non-durable power of attorney becomes ineffective once the principal can no longer accurately represent their wishes, the authority granted in this document perpetuates until the principal’s death. It is imperative that the agent in question operate in a manner that reflects the principal’s best interests. The execution of the durable power of attorney document must be in accordance with the Uniform Power of Attorney Act.

Agent’s Duties – § 64.2-1612

Laws – Title 64.2, Chapter 16 (Uniform Power of Attorney Act)

Signing Requirements (§ 64.2-1603) – Notary Public

Statutory Form – Not found in state statutes.

State Definition

Statute – § 64.2-1600

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.