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A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.
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.
The Virginia general power of attorney form is a legal instrument that allows a person to select someone else, referred to as an agent, to handle all facets of their finances on their behalf.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
THE NOTARY'S POWERS - Virginia notaries may notarize powers of attorney and wills. - Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates.
A general power of attorney allows the agent to act on behalf of the principal in any matters, as allowed by state laws. The agent under such an agreement may be authorized to handle bank accounts, sign checks, sell property, manage assets, and file taxes for the principal.
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 lawyer should write a general power of attorney for you because you want to be sure that the agent will be able to use it if it becomes necessary. Banks and other institutions may not accept a power of attorney that has not been prepared by a lawyer because it may not have the exact wording that is necessary.
Virginia has adopted the Uniform Power of Attorney Act, Va Code § 65.2-1600 et seq. Power of attorney means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
General Power of Attorney vs. Special Power of Attorney. While a special power of attorney gives the agent authority for a limited set of actions under a restricted set of circumstancessuch as buying or selling a home, withdrawing money from an account, or running a businessa general power of attorney is more broad.