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However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.
File a copy of your POA with your local land records office if it involves real estate. In Virginia, this is a division of the circuit court clerk's office.
To whom it may concern: I'm writing to inform you that I'll be stepping down as your power of attorney agent. My retirement is fast approaching, and I am in the process of organizing all of my affairs in preparation.
The specific requirements are different in each state; however, in Virginia, your document will need the signature of a notary. If your agent(s) will have the authority to engage in real estate transactions, the Power of Attorney must be notarized and recorded or filed with the county.
Requirements for a Power of Attorney The power of attorney must be signed by the principal or by another adult in the principal's presence and under the direction of the principal. The power of attorney is signed and acknowledged before a notary public or is signed by two witnesses.
If you are competent and wish to revoke a power of attorney, you will need to send a signed notarized letter revoking the power of attorney to every place your agent used the power of attorney, as well as every place the agent might use the power of attorney.
A Power of Attorney Could Leave You Vulnerable to Abuse Often, this does not happen ? at least not unless or until abuse of power becomes egregious. Because of the potential that an agent could take advantage of you or steal from you, it is very important that you select the right person to act as your agent.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
§ 64.2-1603. A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.
To resign, an agent must compose a formal letter notifying the principal, any co-agents and all parties with which the original POA has been filed, such as banks, elder care providers, etc.