[VA] [VA] Who signs before a notary for a POA?

Lexi, Chatbot

I understand you have questions about the power of attorney agreement. Who is currently designated as the Agent in the document?

Lexi, Chatbot

Have you already consulted with a legal professional regarding the specifics of this power of attorney agreement?

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your power of attorney agreement.

Andres Sanchez

Hello, my name is Andres Sanchez, and I am an attorney with 20 years of experience. What state are you in?

Andres Sanchez

In Virginia, you're correct that only the principal (your mother) needs to sign the Power of Attorney in front of a notary to make it valid, along with you as the original agent if you want your signature acknowledged. Here's a clearer breakdown:

1. Principal’s Signature
   Your mother, as the principal, must sign the POA form—or direct someone to sign for her—in the presence of a notary. That notarization makes her signature presumed genuine, which is essential for validity.
2. Original Agent’s Acknowledgment
   In Virginia, the agent’s signature is not legally required at the time of creation—only the principal’s is. However, many institutions (banks, etc.) prefer or require the agent to sign an “agent certification” or acknowledgment affirming they accept the appointment. This can either be notarized at the time of signing or confirmed later.
3. Successor Agent (Your Brother)
   Your brother, as a successor agent, does not need to sign or notarize anything during the initial execution of the POA. He signs only if and when he needs to assume authority, after you've become unable or unwilling to act.

Summary

• Mother (Principal) – signs in front of a notary.
• You (Original Agent) – may sign (often recommended) and have notarized or certified to satisfy third-party requirements.
• Brother (Successor Agent) – signs/notarizes only if he steps in later.

Why This Matters

• Notarization of the principal’s signature is legally required to validate the document in Virginia.
• Delayed signature of successor agents is allowed, so long as the document names them clearly.
• It’s often best practice—though not required—for the original agent (you) to sign and acknowledge your acceptance of the role upfront, for clarity and institutional compliance.

Practical Tip

Make sure your POA form clearly states:

• Your mother's intent to appoint you as agent.
• You as the primary agent (optional: you sign/acknowledge now).
• Your brother as successor agent (with clear instructions for his signature when necessary).

Andres Sanchez

That’s an excellent observation — and you’re right to pause here.

How the Uniform Power of Attorney Act works in Virginia

• Under Virginia’s Uniform Power of Attorney Act (Va. Code § 64.2-1609), the principal’s signature must be notarized.
• Agents do not need to sign for the POA to be valid — but financial institutions and third parties may want proof that the agent accepts the role.
• The successor agent doesn’t have any authority until the primary agent (you) resigns, is incapacitated, or otherwise cannot serve.

Best Practice

Do not require the successor agent to sign now if the form places everyone into one paragraph with one notary line — that can cause confusion.

If the form’s notary block implies that your brother’s signature is being notarized now, it creates the appearance that he’s accepting authority now — but he has no authority until needed.

So:

• You can initial or sign your acceptance if you like (sometimes on the same page or an attached Agent Certification).
• Your brother can complete a separate Agent Certification later when he actually steps in.

Solution

Yes — prepare or plan for a separate Agent Certification or Acceptance of Appointment for your brother.

Many POA templates include this language as a simple one-page form:
“I, [Successor Agent], hereby accept my appointment as Agent under the Power of Attorney dated [Date] executed by [Principal].”

When he steps in, he signs and notarizes that acceptance then.

That keeps your mother’s signature and notarization clean and valid without confusing third parties about who is actually serving.

If your form lumps you together

Either:

• Cross out the successor’s signature line for now and note: “Successor Agent to sign only upon assumption of authority.”
• Or use an updated form that separates successor agents’ acceptance from the principal’s execution entirely.

Andres Sanchez

You're welcome. I hope everything works out for you.

Andres Sanchez

My pleasure!