How to Notarize a Power of Attorney for a Child in Virginia

Virginia Requires Notarization — No Exceptions

A parental power of attorney under Virginia Code § 20-166 is not legally valid without proper notarization. Every signature on the document — from the delegating parent (or both parents if they share joint legal custody) and from the caregiver accepting the delegation — must be acknowledged before a Notary Public.

This is not a formality. Schools and medical offices in Virginia routinely reject unnotarized POAs. Getting the notarization right the first time saves you a second trip and prevents gaps in your authority to act on the child's behalf.

Who Needs to Sign in Front of a Notary

The statutory form under Va. Code § 20-167 has separate notary blocks for:

1. The parent or legal custodian who is delegating authority. If both parents hold joint legal custody, both must appear before a notary and sign separately.
2. The attorney-in-fact (that is you, the relative caregiver) who accepts the delegation.

The notary must verify each signer's identity. Virginia permits specified forms of photo identification or qualifying credible-witness procedures; remote notarization has additional identity-verification rules. The notary completes an acknowledgment or verification for each signing block.

Where to Get a Document Notarized in Virginia

Several options exist. Virginia caps a notary's fee at $10 for a paper notarial act and $25 for an electronic notarial act; ask about any separate travel, platform, or service charges before booking.

Banks and credit unions — Many Virginia bank branches offer free notary services to account holders. Call ahead to confirm a notary is available and ask whether they will notarize a multi-page legal document (some banks only notarize their own forms).

UPS Store, FedEx Office, or shipping centers — Call the specific location to confirm notary availability, appointment requirements, and the total fee.

Public libraries — Some Virginia public library branches offer free or low-cost notary services during specific hours.

Your local Department of Social Services — If you are working with a kinship navigator or caseworker, ask whether the office has notary services available.

Attorney offices — If you consult a legal aid attorney about your kinship arrangement, the office may notarize the POA at no extra charge.

Remote Online Notarization (RON)

Virginia has allowed Remote Online Notarization under Title 47.1 since 2012; § 47.1-13 addresses the jurisdiction of Virginia notarial acts. A parent and caregiver can appear before a Virginia electronic notary by secure video and use the platform's identity-verification process to sign electronically.

RON is particularly useful when:

• The parent lives in a different city or state and cannot easily meet with a Virginia notary in person
• Schedules make it difficult for both parents and the caregiver to be in the same location
• The parent is in a location with limited access to notary services

Several RON platforms operate in Virginia, including Notarize, DocVerify, and Pavaso. Virginia caps the notary's fee for an electronic notarial act at $25; ask whether the platform charges separate fees. The parent does not need to be physically in Virginia to join a qualifying session, but confirm that the platform supports the signer's location and the POA form.

Notarization When a Parent Is Incarcerated

An incarcerated parent can sign and notarize a § 20-167 POA inside the correctional facility. Virginia Department of Corrections (VADOC) facilities and local regional jails provide institutional notary services. Here is what to do:

1. Contact the facility's designated staff and ask how the parent can request notary services.
2. Submit the unsigned § 20-167 form only through facility-approved channels.
3. Follow the facility's directions for signing before its notary and returning the document.

Procedures and turnaround depend on the facility. Start as early as possible and ask staff for the expected timeline.

Out-of-State Execution

If a parent signs the POA outside Virginia — while visiting family in North Carolina, for example — the document is valid in Virginia as long as it substantially complies with Virginia's statutory requirements or the laws of the state where it was signed. Most states have similar notarization standards, so a properly notarized out-of-state execution is generally accepted.

Common Mistakes That Invalidate the Notarization

• Signing before appearing in front of the notary. If the parent signs at home and then brings the document to a notary for the stamp, many notaries will refuse. The notary must witness the signature or receive a direct acknowledgment from the signer.
• Missing one parent's signature. If joint legal custody exists and only one parent signs, the POA is incomplete under § 20-166(A). The second parent's signature must also be notarized.
• Using a witness instead of a notary. Virginia's statute requires notarial acknowledgment, not just a witness signature. Two witnesses do not substitute for a notary.

After Notarization

Once the document is fully notarized, make several copies. Keep the original in a safe location and provide true or certified copies to the child's school, pediatrician, dentist, and any other institution that needs to verify your authority. The Virginia School and Medical Consent Guide includes a document distribution checklist so nothing gets missed.

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