Virginia has several types of powers of attorney. Some people might use different names for the following powers of attorney, but these are the important ones to know.

Durable power of attorney

A durable power of attorney remains effective when the principal is incapacitated. In Virginia, a power of attorney is considered durable unless it expressly states that is terminated by the principal’s incapacity.

Nondurable power of attorney

This power of attorney terminates when the principal is incapacitated. Under the Virginia Uniform Power of Attorney Act, incapacity includes situations when the principal is missing or outside the United States and unable to return.

Springing power of attorney

A power of attorney is effective immediately, unless it is springing power of attorney. A springing power of attorney states that it becomes effective on a specific date or upon a future event.

People mostly use springing powers of attorney when they want to withhold authority from their agents until they are incapacitated. However, be cautious using a springing power of attorney for incapacity. Determining incapacity can cause unnecessary delay, and your agent will need strong proof that you are incapacitated if they want banks and businesses to accept your authority.

Limited or special power of attorney

A limited or special power of attorney grants limited authority to an agent to handle specific deal or type of transaction. For example, you may want an agent to sell your home for you if you move out of state and are unable to do sign closing documents remotely.

Power of attorney to delegate parental or legal custodial powers

A parent or legal custodian of a minor child can use this power of attorney to name another adult to care for the child for a period up to 180 days. The agent will have the authority to make all decisions regarding the child’s care, except they cannot consent to marriage or adoption of the child, an abortion, or termination of parental rights.

If you are concerned about who your agent should be or how much power to give them, then you might want to speak with a licensed attorney in Virginia.

If you are comfortable filling out a form and know who you trust to be your agent, then you might not need a lawyer to help you create a power of attorney. If you use the easy-to-complete forms we offer and follow their instructions, you can create your own power of attorney.

If you no longer want your agent to have authority, you can revoke a power of attorney.

If you want to revoke a power of attorney in Virginia, you should sign a written revocation and have it notarized. You should give it to your agent, all your banks and financial institutions, and any other business that has dealt with your agent.

A business or person can reject a power of attorney without penalty for several reasons. For example, an agent might ask them to conduct an illegal transaction, or a business might know the power of attorney is invalid. Virginia Code Section 64.2–1618(B) lists all the acceptable reasons for a business or person to reject a power of attorney.

If someone does not have a good reason to refuse your agent’s authority, a court can order them to accept the power of attorney and to pay attorney fees and costs.

As your parents age, you may need to discuss who will take care of them if they are incapacitated. If your parents are competent and understand what they are signing, you can use the steps above to help them complete their own power of attorney.

If they do not have the mental or physical capacity to understand what they are signing, then you should not help them complete a power of attorney. You should get legal advice from an attorney licensed in Virginia. An attorney can help you get a court-appointed guardian or conservator for your parents.