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Do I Need a Notary for My Power of Attorney in Virginia?

Short answer: In almost every practical case, yes. Virginia law does not strictly require notarization for every power of attorney, but a notary’s acknowledgment makes the document presumptively valid, and most banks, title companies, hospitals, and government agencies will refuse a POA that isn’t notarized. If you want the document to actually be usable, get it notarized.

Here’s the longer version.

What Virginia law says

Virginia follows the Uniform Power of Attorney Act (Va. Code § 64.2-1600 et seq.) for financial powers of attorney and a separate statute for advance medical directives (Va. Code § 54.1-2981 et seq.).

Financial powers of attorney: Under § 64.2-1603, a power of attorney signed in Virginia is presumed genuine if the principal’s signature is acknowledged before a notary public. Technically, a POA can be effective without notarization—but in practice, that presumption of genuineness is what makes the document usable at a bank or recorder’s office. Always notarize a financial POA.

Healthcare powers of attorney / advance medical directives: Virginia requires the directive to be signed in the presence of two witnesses who are not (1) the agent, (2) related by blood or marriage, or (3) entitled to inherit. Notarization is not strictly required by statute, but it’s strongly recommended and most hospitals expect it.

Real estate–specific POA: If your POA will be used to sign a deed, mortgage, or other recorded document, it must be notarized and recorded in the same jurisdiction where the property is located.

When witnesses are also required

Most general financial POAs in Virginia do not need witnesses—just notarization. But:

  • Advance medical directives need two qualified witnesses
  • Some attorney-drafted POAs include witness lines as a precaution
  • Out-of-state POAs may have witness requirements from another state that you should follow

If your document has witness lines, they need to be filled in by witnesses with valid photo IDs, present at the signing.

Who can witness and notarize

A Virginia notary cannot serve as one of the two qualifying witnesses for an advance medical directive if doing so would create a conflict—safer to have three separate people: signer, two witnesses, and the notary. Witnesses must be:

  • At least 18 years old
  • Not the agent named in the document
  • Not related to the signer by blood or marriage (for medical directives)
  • Not entitled to inherit from the signer (for medical directives)

The practical process

  1. Draft or download the POA. Use a Virginia-specific form or one prepared by an attorney. Generic out-of-state forms may not be accepted.
  2. Do not sign it in advance. The signer must sign in front of the notary.
  3. Gather IDs. The signer needs a valid, unexpired government-issued photo ID. So do any witnesses.
  4. Schedule a notary. A mobile notary can come to a home, hospital, or care facility—especially useful when the signer is elderly or unable to travel.
  5. Sign and notarize. The notary verifies identity, witnesses the signature, applies the seal, and completes the journal entry.
  6. Store the original. Keep the notarized original somewhere safe. Provide copies to the agent and any institution (bank, hospital, title company) that will rely on it.

Why mobile notaries handle a lot of POAs

Powers of attorney are commonly executed when someone is preparing for surgery, entering a care facility, traveling internationally, or planning ahead for an aging parent. In those situations, the signer often cannot easily travel to a courthouse or bank. A mobile notary comes to the home, hospital room, or assisted living facility on a weekend if needed.

Pricing and availability

Precisive Books charges $35 travel + $10 per notarized document. A typical POA notarization is one stamp, so a full appointment usually runs $45 total. Weekend hours are Saturday and Sunday, 10:00 AM–8:00 PM, throughout Fairfax, Loudoun, and Prince William counties.

Schedule a POA notarization → or call (571) 306-3551.

This article is general information, not legal advice. For questions specific to your situation, consult a Virginia attorney.