[VA] How can I properly prepare and sign a quitclaim deed when the grantor is in a nursing home and a POA signs?

Lexi, Chatbot

I understand that transferring a deed can be a complex process. Can you please tell me if the property is currently under your name or if there are any co-owners involved?

Lexi, Chatbot

Have you already prepared the quitclaim deed, or do you need assistance in drafting it?

Gurney P

Welcome and thank you for your questions. I'm ready to draw on my years of experience as an attorney and former prosecutor to offer some guidance. Please keep in mind: this chat does not create an attorney-client relationship, but I am here with you and writing up a very thorough answer that should only take 3–5 minutes.

Gurney P

Are there any existing mortgages or liens on the property that we should be aware of?

Gurney P

I see, ok. And what state is the property located in?

Gurney P

1) Grantor address:

Use your grandmother’s legal residence address, which is typically the house being conveyed, not the nursing home. What you listed (the house address) is correct and preferred.

2) POA signing:

Yes, the form must change if a power of attorney signs. The grantor line and signature block must clearly state that the signer is acting as attorney-in-fact, and the POA must be recorded with the deed (VA Code § 55.1-605) (or already be of record). Otherwise, the clerk can reject it or the deed can be challenged later.

Critical corrections to make now:

• The county heading is wrong — Chesterfield is a county, not “County of Chester.”
• Prepared by: Step” should be your full legal name.
• The consideration statement is fine, but expect grantor tax on $340,000 unless an exemption applies.
• Ensure the notary block matches Virginia statutory language.

I’d recommend that you do not record this until the POA language and signature format are corrected.

Gurney P

Does that help?

Gurney P

Great question. You should not just write “POA” next to the signature. In Virginia, the deed should clearly show that the person is signing as attorney-in-fact for the grantor.

The signature block should look like this:

NAME
by [Name of Agent], her Attorney-in-Fact

Gurney P

Also make sure a copy of the power of attorney is recorded with the deed (or already recorded). The POA must be valid, notarized, and in effect at signing time.

Gurney P

No, that information does not need to be repeated on the quitclaim deed.

A quitclaim deed does not restate the full ownership history. It only needs to clearly identify:

• The current grantor (your grandmother)
• The grantee(s)
• The legal description of the property (lot, plat book, page, etc.)

The original purchase details stay in the chain of title at the courthouse. Including construction company language or purchase dates would be unnecessary and could create confusion.

Gurney P