What Are the Different Types of POA in Virginia?

January 15, 2025 – Matthew S. Akers & Douglas McCarthy

Winchester, VA Power of Attorney lawyer explains types of POA in Virginia. Call (540) 722-2181 to schedule your consultation for assistance with protecting your future.

When it comes to making decisions about your future, one of the most important estate planning tools you can consider is a Power of Attorney (POA). In Virginia, POAs give someone you trust the authority to act on your behalf in specific circumstances.

Whether it’s managing finances, making healthcare decisions, or handling day-to-day responsibilities, a POA can provide the peace of mind you need when planning for the unexpected. This blog explains the various types of POA in Virginia, helping you choose the one that best suits your situation.

What Is a Power of Attorney in Virginia?

A Power of Attorney is a legal document that grants another person, called an agent or attorney-in-fact, the authority to act on your behalf. The scope of that authority depends on the type of POA you create. Virginia law, specifically outlined in the Virginia Uniform Power of Attorney Act, governs these documents.

To create a valid POA in Virginia, you must be of sound mind and sign the document in the presence of a notary public. POAs can be broad or limited in scope, temporary or permanent, depending on your needs.

General Power of Attorney

A General Power of Attorney gives your agent authority over a wide range of financial and legal matters. This type of POA is useful if you want someone to handle all your affairs while you’re unavailable or incapacitated.

Examples of tasks your agent can perform under a General POA include:

  • Managing bank accounts
  • Paying bills
  • Filing taxes
  • Buying or selling property

A General POA becomes invalid if you become incapacitated unless it’s explicitly stated as “durable.”

Durable Power of Attorney

A Durable Power of Attorney remains in effect even if you become mentally or physically incapacitated. This type of POA is particularly valuable for long-term planning, as it allows your agent to step in and make decisions when you’re no longer able to do so.

Virginia law requires clear language in the document to make it durable. For example, it must specify that the POA will not terminate upon your incapacity.

Limited Power of Attorney

A Limited Power of Attorney, also known as a Specific Power of Attorney, grants your agent authority over a single transaction or limited set of tasks.

For instance, you might use a Limited POA if:

  • You need someone to sell property on your behalf while you’re out of town
  • You want your agent to handle a single financial account

Once the task is complete, this type of POA automatically expires.

Springing Power of Attorney

A Springing Power of Attorney becomes effective only when a specific event occurs, such as your incapacity. This type of POA provides flexibility for those who want to maintain control over their affairs until absolutely necessary.

In Virginia, the language of a Springing POA must clearly define the triggering event. Typically, this involves a formal determination by a physician or court.

Healthcare Power of Attorney

A Healthcare Power of Attorney allows your agent to make medical decisions on your behalf if you’re unable to communicate your wishes. This type of POA respects your healthcare preferences in situations where you cannot speak for yourself.

Tasks your agent might handle include:

  • Approving or declining medical treatments
  • Deciding on long-term care options
  • Discussing your care plan with healthcare providers

This document is often paired with an Advance Medical Directive to provide a comprehensive approach to healthcare planning in Virginia.

Financial Power of Attorney

A Financial Power of Attorney is similar to a General POA but focuses solely on financial matters. It can be durable or non-durable, depending on your preference.

Your agent may:

  • Manage investments
  • Oversee retirement accounts
  • Handle real estate transactions

A Financial POA offers a targeted solution for managing your monetary affairs, providing flexibility for both short- and long-term needs.

Revoking a Power of Attorney in Virginia

You can revoke a POA at any time as long as you are of sound mind. To do so, you should:

  • Create a written revocation document.
  • Notify your agent and any institutions or individuals that relied on the original POA.
  • File the revocation with your local circuit court if the original POA was recorded.

Virginia law outlines the process for revocation and ceases your agent’s authority upon your decision.

Choosing the Right Type of POA for Your Needs

Selecting the right POA depends on your circumstances and the level of trust you have in your agent. It’s important to carefully consider the authority you’re granting and consult a Virginia Power of Attorney lawyer to draft or review the document. A poorly worded POA can create confusion or lead to unintended consequences, so it’s worth taking the time to make informed choices.

A Power of Attorney can be a vital part of your legal and financial planning. From managing finances to making healthcare decisions, the right POA ensures that your wishes are followed when you’re unable to act for yourself. Whether you’re planning for the future or addressing a specific need, understanding the different types of POA in Virginia helps you make the best decision for your circumstances.

Plan Ahead with Trusted Guidance from McCarthy & Akers

Creating a Power of Attorney is a critical step in protecting your future and making sure your wishes are followed. At McCarthy & Akers, we understand the importance of crafting a document that reflects your needs and provides clarity for your loved ones.

Our knowledgeable Power of Attorney lawyers can assist you in drafting a POA tailored to your circumstances, whether you’re planning for financial decisions, healthcare directives, or both. We’ll explain Virginia’s legal requirements and provide personalized advice to ensure your POA serves its intended purpose.

With offices in Strasburg, Woodstock, Front Royal, Winchester, Manassas, and Warrenton, we’re here to assist families throughout Virginia. If you’ve been searching online for a “Power of Attorney near me” or “estate planning lawyers near me,” call us instead at (540) 722-2181(540) 722-2181 or fill out our confidential online form to schedule your consultation today. Gain peace of mind knowing your affairs are in trusted hands.

Copyright © 2025. McCarthy & Akers, PLC | Estate Planning Attorneys. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

McCarthy & Akers, PLC | Estate Planning Attorneys
302 W Boscawen St.
Winchester, VA 22601
(540) 722-2181(540) 722-2181
https://mccarthyakers.com/

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