Virginia · Va. Code §§64.2-1603–1618Virginia power of attorney at closing: signing, recording and acceptance

Under Virginia's Uniform Power of Attorney Act, a power of attorney is signed by the principal, or in the principal's conscious presence by another person the principal directs; a signature acknowledged before a notary is presumed genuine, and to be recordable the power must meet the recording requirements of §55.1-600 – signed with an original signature and acknowledged or proved (Va. Code §§64.2-1603, 55.1-600). A photocopy or electronically transmitted copy has the same effect as the original unless another statute provides otherwise (§64.2-1604(D)). A person that in good faith accepts an acknowledged, properly signed power of attorney without actual knowledge of a problem may rely on it – but not if the principal's signature is forged (§64.2-1617(B)). It may request an agent's certification under oath, an English translation, or an opinion of counsel with a written reason, and when the transaction requires recording an instrument, those must be in recordable form (§64.2-1617(C)–(E)). It must accept the power, or make one of those requests, within seven business days after presentation, and accept within five business days after receiving what it asked for; it can't require a different form (§64.2-1618(A)). It need not accept in listed cases, including a good-faith belief that the power isn't valid or the agent lacks authority, or a report of suspected abuse to adult protective services (§64.2-1618(B)). A wrongful refusal can bring a court order to accept and liability for reasonable attorney fees and costs (§64.2-1618(C)).