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Can a family member witness a durable power of attorney if…

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Can a family member...

Can a family member witness a durable power of attorney if the witness is not named in the POA?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Virginia, no paperwork file to date. want to get prepared in case of future need.

Lawyer's Assistant: Has anything been filed or reported?

NO and we do not plan on file durable POAs with county or state at this point

Submitted: 10 months ago.Category: Legal
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Answered in 10 minutes by:
8/10/2017
Lawyer: Bill Attorney, Lawyer replied 10 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,453
Experience: Attorney
Verified

Dear Customer,

Thank you for posting your question today. A family member can serve as a witness to durable power of attorney in Virginia. There is no strict witnessing requirement by law.

The signature need only be notarized for the POA to be enforceable.

"

§ 64.2-1603. Execution of power of attorney.

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. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. A power of attorney in order to be recordable shall satisfy the requirements of § 55-106."

So there a witness requirement is only necessary should you the document need to be recorded and acknowledged with the circuit court.

"

§ 55-106. When and where writings admitted to record.

Except when it is otherwise provided, the circuit court of any county or city, or the clerk of any such court, or his duly qualified deputy, in his office, shall admit to record any such writing as to any person whose name is ***** ***** with an original signature, when it shall have been acknowledged by him, or proved by two witnesses as to him in such court, or before such clerk, or his duly qualified deputy, in his office, or the manner prescribed in Articles 2 (§ 55-113 et seq.), 2.1 (§ 55-118.1 et seq.), and 3 (§ 55-119 et seq.) of this chapter. When such writing is signed by a person acting on behalf of another, or in any representative capacity, the signature of such representative may be acknowledged or proved in the same manner."

Please follow up with me if you require additional information.

A positive rating is how I get a credit for my response and answer; so please take the time to rate positively before exiting,

You do this by rating 5*****, 4**** or better.

I hope you rate FIVE STARS today

Thank You

Attorney Bill

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Lawyer: Bill Attorney, Lawyer replied 10 months ago

Dear Customer,

I would like to follow up with you on your recent question.

Do you need any more information or clarification ?

Just a reminder that we experts count on positive ratings to get a credit for our reponses.

I'm not an employee of justanswer.

You do this by rating 5*****, 4**** or better.

So I hope you RATE FIVE STARS today.

Thank You

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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