Virginia Durable Power of Attorney Form

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A Virginia Durable Power of Attorney Form is used when the Principal wants the agreement to continue functioning even after the Principal has been declared incapable of making their own decisions. There are a variety of medical conditions that might make a Principal incapable of making their own decisions, but the most common are being rendered comatose or being diagnosed with dementia.

In Virginia, if the Principal and Attorney-in-Fact are married and get a divorce, a Durable Power of Attorney agreement will not automatically be terminated. While this may be useful for a Principal who wants their former spouse to retain their powers, it is generally recommended that the Principal revoke their Power of Attorney and, if necessary, draft a new agreement.

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