Virginia Limited Power of Attorney Questionnaire

State:
Multi-State
Control #:
US-Q1025
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a limited power of attorney matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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.

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.

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.

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.

Under a limited power of attorney agreement, the agent can only act and make decisions on specified activities, and only to the extent that the principal authorizes. A principal does not need to choose a lawyer to be their agent; attorney in fact differs from an attorney at law.

Limited powers of attorney are valid for no more than 90 days, except those used by lessors, which are good for periods up to one year.

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.

While Virginia does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Virginia law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuinemeaning your POA is more ironclad.

Limitation of power of attorneyAt any moment, the POA cannot delegate authority to another Agent. After the Principal's death, the POA is no longer able to make legal or financial decisions, and the Executor of the Estate assumes control.

More info

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Virginia Limited Power of Attorney Questionnaire