Virginia Limited (Special) Power of Attorney Form
The Virginia Limited (Special) Power of Attorney is a form that can be utilized by any person (referred to as the Principal) who only wants to permit their elected Agent to act on their behalf in a manner reflective of the limitations they have stated within. The limitations the Principal sets will be connected to the specific area in which the Principal wants the Agent to represent them and/or the specific way in which they wish for the Agent to exercise their authority in such an area.
As aforementioned, a Limited Power of Attorney’s limitations regards two primary areas of concern. An example of a Limited Power of Attorney that only allows the Agent to deal with a specific area is one that only permits the Agent to act on the Principal’s behalf for real estate issues. Whereas, an example of a Limited Power of Attorney that specifies the way in which the Principal wishes for the Agent to exercise their authority in such an area is one that only permits the Agent to collect payments from the Principal’s tenants when they are overseas.
State Laws & Signing Requirements
State Laws – Uniform Power of Attorney Act
Signing Requirements (VA Code § 64.2-1603) – Two (2) signing requirements need to be attended to by any Principal to a Virginia Limited (Special) Power of Attorney: the Principal needs to sign the form, and it must be acknowledged by a Notary Public or other authorized figure.
The Principal is permitted to direct another person to sign the form on their behalf, but this person must do so in the Principal’s conscious presence.