A springing power of attorney is a power of attorney that takes effect after the expiration of a specified time or after the occurrence or non-occurrence of a specified event. The event could be the issuance of a letter by a doctor that the principal has lost capacity or something similar. After such incapacitation the power is identical to a durable power, but cannot be invoked before the incapacity. The power has been created but lies dormant. It is brought to life on the happening of the specified event: it springs into effect at that time. If a springing power is used, care should be given to specifying exactly how and when the power springs into effect.
Va Power Of Attorney
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How to fill out Virginia Springing Power Of Attorney?
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To create a POA in Virginia, you must be at least 18 years of age and have the capacity to make decisions and understand what you are doing. You complete the form, naming your agent and choosing the powers you want to give them. You must choose the powers you are specifically granting to your agent.
A POA used for real estate purposes may need to be recorded: Virginia Code § 64.2- 1603 provides that in order to be recordable a POA shall satisfy the requirements of A§ 55-106. Recordation requirements as set forth in Virginia Code A§ 17.1-223 may require the surnames of the Principal and Agent be capitalized and
You must comply with Virginia's signature requirements. You must sign your power of attorney or direct another person in your presence to sign your name for you if you are physically unable to sign. You do not need witnesses, but you should have it notarized by a notary public.
A power of attorney is not required to be acknowledged before a notary public but the party's signature is deemed to be genuine if acknowledged before a notary public. Any power of attorney that is presented for recording with the Circuit Court must be acknowledged before a notary public or deputy clerk.
A power of attorney can be created without legal assistance and almost free of charge. In fact, one can find a free POA form online and simply print it and fill it out. One can also have a POA created online for as little as $35.