Does A Power Of Attorney Have To Be Recorded In Virginia?
If you’re in Virginia and dealing with a Power of Attorney (POA), you might be wondering if it needs to be recorded.
The short answer is that it depends. For most everyday situations, you don’t have to record a POA. However, if you’re planning to use it for certain property transactions, then yes—it usually has to be recorded.
In this post, we’ll shed some light on if and when power of attorney has to be recorded in Virginia. Plus, we’ll also show you how to record it.
Does A Power Of Attorney Need To Be Recorded?
No, a power of attorney doesn’t need to be recorded in Virginia.
For example, if you’re simply giving someone permission to handle your finances or healthcare decisions, you don’t need to record the document.
But when it comes to real estate or anything tied to land titles, it generally has to be recorded in the county or city where the property is located. This is because recording the POA makes it part of the public record.
So, if the agent needs to deal with a piece of real estate, the county clerk can look up the POA and confirm that the agent has the authority to act.
Also Read: 5 Types of Power of Attorney
If you plan on using your POA for any legal matters involving real estate or other property, you should check if it needs to be recorded.
Otherwise, you’re good to go without the extra step.
How To Record A Power Of Attorney In Virginia
So, let’s say you’ve got a POA and you need to record it. Here’s how you can do it, step by step. It’s not as complicated as it sounds, but you’ll want to make sure you do everything properly:
#1 Make Sure The POA Is Properly Executed
Before you can record your POA, it must be properly signed and executed.
This means you’ll need to follow all the legal requirements, like having it signed by the principal (the person who is granting authority) and notarized.
Without notarization, the document may not be valid.
It’s also a good idea to make sure that all the necessary parties have signed and that the POA clearly states the powers being granted.
If you’re working with a lawyer, they’ll make sure everything’s done right. If you’re not, just double-check the document to be sure that all the info is there and that it’s notarized.
Also Check Out Our Power Of Attorney Services
#2 Verify That The POA Meets Recording Requirements
Once your POA is executed, you’ll need to make sure it meets the recording requirements.
Generally, this means that the POA must be specific about what powers the agent has and the scope of those powers.
If the POA is related to real estate, make sure it mentions the property clearly. You might also want to check if there are any additional forms required by the county or city.
The best way to verify everything is to contact the circuit court in the county where you plan to record the POA. They can tell you exactly what the requirements are for recording.
Every county might have slightly different rules, so it’s a good idea to confirm all the details before you show up.
#3 Submit The POA To The Circuit Court
Next, head to the local circuit court. They’re the ones who handle property-related documents.
Take your original, notarized POA to the clerk’s office. If you have multiple POAs for different properties, make sure to submit them for each location.
The court clerk will review the document to make sure it meets all requirements and that everything is in order.
#4 Pay The Recording Fee
Yes, there is typically a fee to record a POA.
This varies depending on the county, but expect to pay somewhere between $10 and $25 for recording it. It’s not a huge cost, but it’s still something to keep in mind.
Make sure to have a check or cash ready, as most courts don’t accept credit cards for recording fees.
#5 Obtain Certified Copies
Once the POA is recorded, you can request certified copies. These are official copies of the document, marked by the court to show that they are true and accurate.
You’ll need certified copies if you plan to use the POA in multiple places or with different entities, like banks or the Department of Motor Vehicles.
It’s a good idea to get a few copies, just to be safe.
Certified copies will come with a small fee, but they’re crucial if you need proof that the POA is officially recorded.
Also Read: 5 Tips for Using Power of Attorney
What Happens If You Don’t Record A Power Of Attorney When Required?
If you skip the recording step when it’s required, you might run into some problems—especially with real estate transactions.
Without a recorded POA, banks, title companies, and other institutions may not recognize it as valid.
Basically, the agent won’t be able to use the POA to make decisions regarding the property. This could cause delays in your transaction or even make it impossible to go forward with certain dealings, like selling a property or transferring titles. It’s not a good place to be in.
Plus, if you realize later on that you didn’t record it when needed, you might have to go back and fix it, which could be a hassle.
The best advice here is to record your POA as soon as you know it’s necessary. It saves a lot of headaches later on and ensures everything runs smoothly.
Bottom Line
In Virginia, a POA doesn’t always need to be recorded. It depends on how you plan to use it.
If you’re dealing with real estate or property, recording it is usually a must. Otherwise, for most other situations, you don’t have to worry about it.
Just make sure your POA is properly executed, check with the local court about any specific requirements, and pay the recording fee.
Once it’s recorded, you can go about your business knowing that the document is official.