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Bill Attorney
Bill Attorney, Lawyer
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Can a family member witness a durable power of attorney if

Customer Question

can a family member witness a durable power of attorney if the witness is not named in the POA?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Virginia, no paperwork file to date. want to get prepared in case of future need.
JA: Has anything been filed or reported?
Customer: NO and we do not plan on file durable POAs with county or state at this point
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Bill Attorney replied 2 months ago.

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."

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Thank You

Attorney Bill

Expert:  Bill Attorney replied 2 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.

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Thank You

Attorney Bill