How do I execute a durable power of attorney?
In the State of Virginia, a durable power of attorney must be executed in accordance with the Virginia law. The basic requirements for executing a durable power of attorney are as follows: 1. The principal must be 18 years of age or older and must have legal capacity to sign. 2. The durable power of attorney must be in writing and signed by the principal in the presence of two witnesses. 3. The witnesses must be at least 18 years of age, must be disinterested parties who are not related to the principal or beneficiary, and must be able to demonstrate that they understand the nature and effect of the durable power of attorney. 4. The durable power of attorney must be accompanied by a signed and witnessed acknowledgement that the principal is not under duress or undue influence. 5. The durable power of attorney must be properly notarized. Once these requirements have been met, the durable power of attorney can be legally binding and enforced. The durable power of attorney can be revoked at any time by the principal, who can also amend or cancel it in writing. It is important to remember to keep a copy of the durable power of attorney, as any changes must be in writing in order to be effective.
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