Can a power of attorney declare someone mentally incompetent in VA?

In Virginia, a power of attorney (POA) cannot unilaterally declare someone mentally incompetent. A POA is a legal document that allows one person to act on behalf of another in specified matters, but determining mental incompetence requires a formal assessment, typically by a licensed professional. If someone is deemed mentally incompetent, a court may appoint a guardian or conservator to make decisions on their behalf.