Free Virginia Power of Attorney Form

It’s important to have your affairs in order, and the right hands whether you are going for an international business trip or you are going to see a doctor after the incessant headaches become unbearable. But, you cannot just ask your spouse to take care of such important things without putting those wishes on paper, the level of trust notwithstanding. Under pressure, we tend to do the opposite of what we would in ordinary circumstances and so, having your directives on a legally binding document signed by you and your trusted person is essential.

In legal, medical, and business circles, that document is a power of attorney. A power of attorney, also called a POA or a letter of attorney refers to a legal document authorizing your trusted person to take certain actions on your behalf in the event of your incapacitation or disability, as well as unavailability. To access the document, you will need a free Virginia power of attorney form. The document recognizes you as the principal, and your confidant is your agent.

  • Types of POA

    • 1. Virginia Durable Power of Attorney

It’s also referred to as the Virginia DPOA or the healthcare POA. It’s the legal instrument that authorizes the signee or the principal to assign a trusted person with authority to make tough calls regarding the principal’s health on their behalf. The DPOA follows the advance directives of the principal’s living will on matters regarding the principal’s end of life wishes.

The document follows the provisions of Virginia’s Healthcare Decisions Act covered under section 54.1-2981 of the laws.

The law grants the agent the following powers:

The power to decide whether the agent consents to or refuses to issue consent for treatments, medical procedures, medical interventions, the use of artificial or the use of mechanical life-sustaining machines to restore, sustain or supplant the principal’s vital functions. The measures taken will often apply to a patient suffering from a terminal condition and one whose chances of recovery are slim. The powers also include the use of artificial nutrition and hydration, as well as CPR.

However, the powers do not include comfort and pain alleviation measures.

  • DPOA Requirements

    • It should be prepared by a competent adult, and it should come with their advanced written directives for healthcare.

    • It should be signed with at least two subscribing witnesses present

    • It also passes if an oral declaration is given in the presence of an attending physician and two other witnesses if the patient is terminally ill

    • The agent must notify the attending about the DPOA as suggested in form §54.1-2984. Ensure that your free power of attorney form in Virginia follows the statutory format.

Revocation of the DPOA

  • The document is revocable at any particular time as long as it is:

    • Signed and dated in writing

    • Physically destroyed or canceled

    • Revoked expressly by the principal through an oral expression of the intention to revoke the powers. This intention should be communicated to the attending physician for its effectiveness.

Interstate validity

If the DPOA complies with the laws of Virginia or if it complies with the laws of the state where it was executed, then it will be used as a valid document.

Unwillingness of an attending physician

If a physician is not willing to follow the directives of the DPOA because they think it’s unethically or medically inappropriate, then they are required to act appropriately and to help in transferring the patient to a different physician.

  • However, if an attending acts in good faith, they will not be held professionally, civilly, or criminally liable for their actions.

    • 2. Virginia Limited POA

  • The limited POA is a revocable document that grants an agent power to act on specific affairs in the event of incapacitation or unavailability. A revocation notice issued to the agent and affected third parties takes power from the agent.

    • 3. Virginia Limited POA For Sale of Motor Vehicle Law

This limited POA allows an agent the power to sale a motor vehicle. It limits the powers of the agent to the sale of motor vehicles and any other tasks listed in the document so that the agent cannot act out of the powers granted and they cannot act out of these powers.

  • The POA remains in effect for as long as the agent allows so that it only loses its validity if it’s revoked. For revocation, the principal has to send a signed revocation notice to the agent and all the third parties acting on the directives of the agent.

    • 4. Virginia Limited Power of Attorney for Stock Transactions Law

This is a special POA used by a principal when they wish to entrust an agent with power over their transactions in stocks acted upon only when the principal is incapacitated or unavailable. Once granted, these powers are not revoked until the principal issues a revocation notice sent out to the agent and the third parties acting on the directives of the agent.

If interested, you could get our free power of attorney form now online, wherever you are in Arlington, Richmond, Norfolk, Chesapeake, Newport News, Alexandria, Virginia Beach, Hampton or any other city of Virginia.

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