Using Power of Attorney with VA Loans

Active-duty military members and veterans are sometimes not present to fill out the appropriate home loan documents to obtain a VA loan. In this case, using a power of attorney is ideal for the military member.

A power of attorney allows someone appointed by the client (in this case, the military member or veteran) to make decisions or sign documents related to another person’s property, finances, or medical care. This designated person is called an attorney-in-fact. Let’s dive further into how this attorney-in-fact helps military members with VA loans.

Does the VA Recognize Power of Attorney?

The VA does recognize power of attorney as long as the attorney-in-fact is “valid and legally adequate” (VA). In order for the attorney-in-fact to complete the loan transaction for the veteran or military member, they will need to apply for a certificate of eligibility and comply with all state laws. Let’s dive into what the specific requirements are.

Power of Attorney Requirements for VA Loans

• The mortgage can be legally enforced in the specific state
• A clear title can be conveyed in the event of foreclosure
• The veteran's written consent to the transaction. This can include:
  • The veteran’s signature on both the sales contract and the Uniform Residential Loan Application, as long as the veteran’s intention to obtain a VA loan on the particular property is expressed somewhere in those documents, OR
  • A specific power of attorney or other document(s) signed by the veteran, which encompasses the following elements:
    • Entitlement — A clear intention to use all or a specified amount of entitlement.
    • Purpose — A clear intention to obtain a loan for purchase, construction, repair, alteration, improvement, or refinancing.
    • Property Identification — Identification of the specific property.
    • Price and Terms — The sales price, if applicable, and other relevant transaction terms.
    • Occupancy — The veteran’s intention to use the property as a home to be occupied by the veteran (or other applicable VA occupancy requirement).” State law may affect a borrower’s use of power of attorney. It’s best to speak with a legal expert to learn what might apply in your state.