§ 64.2-1608 Termination of power of attorney or agent’s authority
2. The principal becomes a vulnerable adult, if the power of attorney is not durable;
6. The principal revokes the agent’s authority or the agent dies, becomes a vulnerable adult, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
3. Unless the power of attorney otherwise provides, an action is filed (i) for the divorce or annulment of the agent’s marriage to the principal or their legal separation, (ii) by either the agent or principal for separate maintenance from the other, or (iii) by either the agent or principal for custody or visitation of a child in common with the other;
4. The agent is convicted of financial exploitation of the principal under § 18.2-178.2; or
C. Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection B, notwithstanding a lapse of time since the execution of the power of attorney.
D. Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
E. Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
F. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
History
This law was first created in 2010. The record of its establishment is cataloged in chapters 455 and 632 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2012, chapters 57 and 614; in 2022, chapters 397 and 654.
2010, cc. 455, 632, § 26-81; 2012, cc. 57, 614; 2022, cc. 397, 654.