Clarke County Special Power of Attorney for the Sale of Property Form (Virginia)

The following Virginia and Clarke County supplemental forms are included as a courtesy with your order:

When using these Special Power of Attorney for the Sale of Property forms, the subject real estate must be physically located in Clarke County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Clarke County include:

• Berryville
• Bluemont
• Boyce
• Millwood
• Paris
• White Post

In this form the principal(s) empower(s) an agent to act on the principal's behalf, for the Sale of a real property located in the Commonwealth of Virginia. The agent is authorized to perform every act necessary and requisite to negotiate, agree to and consummate, on whatever terms the Attorney in Fact deems appropriate, the sale or conveyance, or both, of the real property described. This power of attorney terminates on a date that is provided by the principal. A "Special Instructions" section is included where the agent's powers can be further limited or defined.

This power of attorney is not affected by any subsequent disability or incapacity of the principal and shall be considered a "Durable Power of Attorney."
(ii) shall be governed, as to its validity, terms and enforcement, by those laws of the Commonwealth of Virginia that apply to instruments negotiated, executed, delivered and performed solely within the Commonwealth of Virginia

64.2-1603. (Effective until October 1, 2019) 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.

64.2-1603. (Effective October 1, 2019) 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 55.1-600.

64.2-1604. (A) Validity of power of attorney.
A power of attorney executed in the Commonwealth on or after July 1, 2010, is valid if its execution complies with 64.2-1603.

64.2-1604 (E) Validity of power of attorney.
An agent in possession of a general, special, or limited power of attorney or other writing vesting any power or authority in him shall, where the instrument is otherwise valid, be deemed to possess the powers and authority granted by such instrument notwithstanding any failure of the principal to deliver the instrument to him, and persons dealing with such agent shall have no obligation to inquire into the manner or circumstances by which such possession was acquired, provided, however, that nothing herein shall preclude the court from considering such manner or circumstances as relevant factors in any proceeding brought to terminate, suspend, or limit the authority of the agent.

(Virginia SPOA-Sale Package includes form, guidelines, and completed example)

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