Does a Virginia power of attorney need to be notarized?
No. Virginia law does not require a notary or witnesses for it to be valid. Notarization is optional, but it adds proof of who signed and when: the session is recorded and the recording kept for 5 years, it is entered in the notary journal, and the document is sealed electronically. A Notriv notary can do it online.
- Law
- Va. Code § 64.2-1603 · checked October 14, 2026
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What makes a power of attorney valid in Virginia?
In Virginia, a power of attorney is valid if the principal signs it, or another person signs the principal's name at the principal's direction and in the principal's conscious presence; no notary or witnesses are required, though acknowledging the signature before a notary makes it presumed genuine.1 The rule is in Va. Code § 64.2-1603.2
Why notarize it anyway?
If the principal acknowledges the signature before a notary public or other officer authorized to take acknowledgments, the signature is presumed to be genuine.3
What must a power of attorney say in Virginia?
For a power of attorney created on or after July 1, 2026, a clause excusing the agent from the duty to disclose records is valid only if the principal (or a disinterested person signing in the principal's conscious presence at the principal's direction) signed or initialed an express statement. That statement must say the principal understands the clause and that it reflects the principal's wishes even if it is not in the principal's best interests should the principal later become incapacitated.4
What does Virginia law say about recording it?
To be recordable, a power of attorney must meet the requirements of § 55.1-600.5
How long does a power of attorney last in Virginia?
A power of attorney ends in any of these cases: the principal dies; the principal becomes a vulnerable adult and the document is not durable; the principal revokes it; its own terms say it ends; its purpose is accomplished; or the agent's authority ends (through revocation, the agent's death, the agent becoming a vulnerable adult, or resignation) and no other agent is named.6
How is a power of attorney revoked in Virginia?
Signing a new power of attorney does not cancel an earlier one unless the new one says that the earlier one, or all other powers of attorney, are revoked.7
Which other documents does Virginia law name with it?
The law provides an optional Agent's Certification form that an agent may use to certify facts about a power of attorney, such as its validity and the agent's authority.8
What is a power of attorney?
A power of attorney is a legal document that allows someone else to act on your behalf.9
Can I have it notarized anyway?
Notriv's commissioned notaries notarize documents online for signers in Virginia.
If you want proof of who signed and when, upload your power of attorney on Notriv to book an online notarization.
Where these facts come from
- 1. How it is validly signed: In Virginia, a power of attorney is valid if the principal signs it, or another person signs the principal's name at the principal's direction and in the principal's conscious presence; no notary or witnesses are required, though acknowledging the signature before a notary makes it presumed genuine. · law.lis.virginia.gov · checked October 12, 2026
- 2. Governing statute: Va. Code § 64.2-1603 · Va. Code § 64.2-1603 · law.lis.virginia.gov · checked October 12, 2026
- 3. What notarizing it gives: If the principal acknowledges the signature before a notary public or other officer authorized to take acknowledgments, the signature is presumed to be genuine. · law.lis.virginia.gov · checked October 13, 2026
- 4. Wording it must contain: For a power of attorney created on or after July 1, 2026, a clause excusing the agent from the duty to disclose records is valid only if the principal (or a disinterested person signing in the principal's conscious presence at the principal's direction) signed or initialed an express statement. That statement must say the principal understands the clause and that it reflects the principal's wishes even if it is not in the principal's best interests should the principal later become incapacitated. · law.lis.virginia.gov · checked October 13, 2026
- 5. Rules that apply only sometimes: To be recordable, a power of attorney must meet the requirements of § 55.1-600. · law.lis.virginia.gov · checked October 12, 2026
- 6. How long it stays valid: A power of attorney ends in any of these cases: the principal dies; the principal becomes a vulnerable adult and the document is not durable; the principal revokes it; its own terms say it ends; its purpose is accomplished; or the agent's authority ends (through revocation, the agent's death, the agent becoming a vulnerable adult, or resignation) and no other agent is named. · law.lis.virginia.gov · checked October 13, 2026
- 7. How to revoke it: Signing a new power of attorney does not cancel an earlier one unless the new one says that the earlier one, or all other powers of attorney, are revoked. · law.lis.virginia.gov · checked October 13, 2026
- 8. Related documents: The law provides an optional Agent's Certification form that an agent may use to certify facts about a power of attorney, such as its validity and the agent's authority. · law.lis.virginia.gov · checked October 13, 2026
- 9. What the document is: A power of attorney is a legal document that allows someone else to act on your behalf. · consumerfinance.gov · checked October 1, 2026