source:
  type: guide
  id: va-m26-7-ch09-t08
  authority: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 8 — Power of
    Attorney (POA)
  description: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 8 — Power
    of Attorney (POA).
  coverage_tier: operative
obligations:
- id: va-m26-7-ch09-t08-full
  canonical_id: va-m26-7-ch09-t08-full
  section: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 8 — Power of Attorney
    (POA)
  type: do
  tags:
  - regulator-direct
  - va
  - va-handbook
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 8 — Power
      of Attorney (POA)
    source_class: va-handbook
    source_url: https://www.benefits.va.gov/warms/pam26_7.asp
    snapshot_id: 23782f6842a5daf5
    fetched_at: '2026-05-23T01:53:53Z'
    content_hash: sha256:b7c7fcb001b1097e51e4479c70f74c0d981cc1a7a38109e8cd455e205071d9e8
    paragraph_quote: '8. Power of Attorney (POA) Change Date July 30, 2019 • This
      chapter has been revised in its entirety. a. Policy VA will allow a Veteran
      to use an attorney-in-fact to execute any documents necessary to obtain a VA-guaranteed
      loan. This enables active duty servicepersons stationed overseas, and other
      Veterans who cannot be present to execute loan documents, to obtain VA loans.
      b. Requirements The Veteran must execute a general or specific POA which is
      valid and legally adequate. The Veteran’s attorney-in-fact (as specified in
      the POA) must use this POA to apply for a Certificate of Eligibility (COE) and
      initiate processing of a loan on behalf of the Veteran. A military POA is considered
      a general POA and is only valid during the Active Duty Servicemembers’ (ADSM)
      period of deployment, not to exceed 1 year. To complete the loan transaction
      using an attorney-in-fact, ensure that the general or specific POA complies
      with state law to the extent that: • the mortgage can be legally enforced in
      that jurisdiction, and • clear title can be conveyed in the event of foreclosure.
      To complete the loan transaction using an attorney-in-fact, VA also requires
      the Veteran’s written consent to the specifics of the transaction either through
      a general POA or a specific POA. General POA - 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. Continued on next page VA Pamphlet 26-7, Revised
      Chapter 9: Legal Instruments, Liens, Escrows, and Related Issues 9-15 8. Power
      of Attorney (POA), continued b. Requirements, continued Specific POA. A specific
      power of attorney or other document(s) signed by the Veteran, which encompasses
      the elements below. • 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 refinance. • Property Identification:
      Identification of the specific property. • Price and Terms: The sales price,
      if applicable, and other relevant terms of the transaction. • Occupancy: The
      Veteran’s intention to use the property as a home to be occupied by the Veteran
      (or other applicable VA occupancy requirement or spouse and/or guardian for
      dependent child(ren)). c. Veteran’s Status as Alive and not MIA The lender must
      always verify that the Veteran is alive at the time of loan closing, whether
      or not the Veteran is an ADSM in the military. If on active military duty, the
      Veteran must not be missing in action (MIA). The lender must make the following
      certification at the time of loan closing: “The undersigned lender certifies
      that written evidence in the form of correspondence from the Veteran or, if
      on active military duty, statement of his or her commanding officer (including
      statement of person authorized to act for said officer), affirmatively indicating
      that the Veteran was alive and, if the Veteran is on active military duty, not
      missing in action status on (date), was examined by the undersigned and that
      the said date is on or subsequent (not prior) to the date the note and security
      instruments were executed on the Veteran’s behalf by the attorney-in-fact.”
      VA may deny guaranty on a loan if the lender failed to properly verify the Veteran’s
      status and the Veteran was deceased (or MIA) at the time the loan was closed.
      d. Digital Signature Digital signatures can be accepted as an original signature
      or wet signature as defined by the Electronic Signatures in Global and National
      Commerce Act, commonly referred to as the E-sign Act. Continued on next page
      VA Pamphlet 26-7, Revised Chapter 9: Legal Instruments, Liens, Escrows, and
      Related Issues 9-16 8. Power of Attorney (POA), continued e. Prior Approval
      Loans VA will issue a Certificate of Commitment only if the Veteran has executed
      a valid and legally adequate POA and consented to the specific transaction (as
      described under the “Requirement” heading). If VA has information that the Veteran
      is MIA or deceased, VA will not issue a commitment. The Certificate of Commitment
      issued in POA cases contains the condition indicated under “Conditional Commitments”
      in Topic 5.04e of Chapter 5 in the Lender’s Handbook. f. Hardship Exceptions
      VA may consider an exceptional case if serious hardship may result due to the
      time or other pertinent factors involved in obtaining the Veteran’s consent
      to the specific transaction. Submit the facts of the case to the VA RLC where
      the property is located for a determination. VA Pamphlet 26-7, Revised Chapter
      9: Legal Instruments, Liens, Escrows, and Related Issues 9-17'
  judgment: false
