{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-2303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-2303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-2303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-2303.html"}],"law_id":55226,"edition_id":1,"section_id":55226,"structure_id":13296,"section_number":"6.2-2303","catch_line":"Limited access to safe deposit box upon incapacity of lessee","history":"1984, c. 446, \u00a7 6.1-332.1; 2002, c. 312; 2003, c. 269; 2010, c. 794.","full_text":"A\n\nUpon receiving a letter from a licensed physician that in his professional opinion an individual, who is the sole lessee of a box, is incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity:1\n\nTo manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of another, the company may permit access to such box for the limited purpose of looking for a power of attorney executed by the lessee that relates to the management of his property or financial affairs; or2\n\nTo meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of another, the company may permit access to the box for the limited purpose of looking for an advance medical directive executed by the lessee.B\n\nSuch access shall only be granted to the lessee’s guardian, conservator, spouse or next of kin or to a person asserting a knowledge or belief:1\n\nIf the access is sought pursuant to subdivision A 1, that he is named as an agent in a power of attorney believed to be in the box; or2\n\nIf the access is sought pursuant to subdivision A 2, that he is named as an agent in an advance medical directive believed to be in the box.C\n\nAccess to a box shall be under the supervision of a designated officer or employee of the company, and nothing shall be removed from the box except (i) if the access is sought pursuant to subdivision A 1, the power of attorney for transmission to a person named as agent therein or (ii) if the access is sought pursuant to subdivision A 2, the advance medical directive for transmission to a person named as agent therein or in the absence of such a person, to the lessee’s attending physician to be made a part of the lessee’s medical records.D\n\nIf the box is co-leased, the company may permit entry into the box by the same persons and under the same circumstances and terms as specified above, upon proof satisfactory to it that the then co-lessees are not reasonably available for access to the box.E\n\nThe company shall (i) make a photocopy of any document removed from a box pursuant to this section, (ii) place the copy in the box prior to delivering the original to any person, and (iii) not be liable except for acting in bad faith or for permitting the removal of other items from the box.","order_by":null,"text":{"0":{"id":202506,"text":"Upon receiving a letter from a licensed physician that in his professional opinion an individual, who is the sole lessee of a box, is incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":202507,"text":"To manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of another, the company may permit access to such box for the limited purpose of looking for a power of attorney executed by the lessee that relates to the management of his property or financial affairs; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":202508,"text":"To meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of another, the company may permit access to the box for the limited purpose of looking for an advance medical directive executed by the lessee.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":202509,"text":"Such access shall only be granted to the lessee’s guardian, conservator, spouse or next of kin or to a person asserting a knowledge or belief:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":202510,"text":"If the access is sought pursuant to subdivision A 1, that he is named as an agent in a power of attorney believed to be in the box; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":202511,"text":"If the access is sought pursuant to subdivision A 2, that he is named as an agent in an advance medical directive believed to be in the box.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":202512,"text":"Access to a box shall be under the supervision of a designated officer or employee of the company, and nothing shall be removed from the box except (i) if the access is sought pursuant to subdivision A 1, the power of attorney for transmission to a person named as agent therein or (ii) if the access is sought pursuant to subdivision A 2, the advance medical directive for transmission to a person named as agent therein or in the absence of such a person, to the lessee’s attending physician to be made a part of the lessee’s medical records.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"7":{"id":202513,"text":"If the box is co-leased, the company may permit entry into the box by the same persons and under the same circumstances and terms as specified above, upon proof satisfactory to it that the then co-lessees are not reasonably available for access to the box.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":202514,"text":"The company shall (i) make a photocopy of any document removed from a box pursuant to this section, (ii) place the copy in the box prior to delivering the original to any person, and (iii) not be liable except for acting in bad faith or for permitting the removal of other items from the box.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13296,"edition_id":1,"name":"Safe Deposit Boxes","identifier":"23","label":"chapter","depth":3,"order_by":1,"parent_id":12856,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":267077,"object_type":"structure","relational_id":13296,"identifier":"23","token":"6.2\/IV\/23","url":"\/6.2\/IV\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12856,"edition_id":1,"name":"Other Financial Activities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":267075,"object_type":"structure","relational_id":12856,"identifier":"IV","token":"6.2\/IV","url":"\/6.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86550,"structure_id":13296,"section_number":"6.2-2300","catch_line":"Definitions","url":"\/6.2-2300\/","token":"6.2\/IV\/23\/6.2-2300","metadata":false},{"id":72416,"structure_id":13296,"section_number":"6.2-2301","catch_line":"Access to joint safe deposit box","url":"\/6.2-2301\/","token":"6.2\/IV\/23\/6.2-2301","metadata":false},{"id":78070,"structure_id":13296,"section_number":"6.2-2302","catch_line":"Limited access to safe deposit box upon death of lessee","url":"\/6.2-2302\/","token":"6.2\/IV\/23\/6.2-2302","metadata":false},{"id":55226,"structure_id":13296,"section_number":"6.2-2303","catch_line":"Limited access to safe deposit box upon incapacity of lessee","url":"\/6.2-2303\/","token":"6.2\/IV\/23\/6.2-2303","metadata":false},{"id":81316,"structure_id":13296,"section_number":"6.2-2304","catch_line":"Duty to deny access to safe deposit boxes under certain conditions","url":"\/6.2-2304\/","token":"6.2\/IV\/23\/6.2-2304","metadata":false},{"id":70240,"structure_id":13296,"section_number":"6.2-2305","catch_line":"Notice to lessee upon nonpayment of rent","url":"\/6.2-2305\/","token":"6.2\/IV\/23\/6.2-2305","metadata":false},{"id":60132,"structure_id":13296,"section_number":"6.2-2306","catch_line":"Opening box; marking contents","url":"\/6.2-2306\/","token":"6.2\/IV\/23\/6.2-2306","metadata":false},{"id":66790,"structure_id":13296,"section_number":"6.2-2307","catch_line":"Disposition of contents","url":"\/6.2-2307\/","token":"6.2\/IV\/23\/6.2-2307","metadata":false},{"id":84566,"structure_id":13296,"section_number":"6.2-2308","catch_line":"Certificate of notary public","url":"\/6.2-2308\/","token":"6.2\/IV\/23\/6.2-2308","metadata":false},{"id":54286,"structure_id":13296,"section_number":"6.2-2309","catch_line":"Subsequent right of lessee to contents","url":"\/6.2-2309\/","token":"6.2\/IV\/23\/6.2-2309","metadata":false},{"id":61305,"structure_id":13296,"section_number":"6.2-2310","catch_line":"Sale of contents after two years","url":"\/6.2-2310\/","token":"6.2\/IV\/23\/6.2-2310","metadata":false},{"id":72283,"structure_id":13296,"section_number":"6.2-2311","catch_line":"Disposition of proceeds of sale","url":"\/6.2-2311\/","token":"6.2\/IV\/23\/6.2-2311","metadata":false},{"id":81337,"structure_id":13296,"section_number":"6.2-2312","catch_line":"Rental for storage unpaid for three years","url":"\/6.2-2312\/","token":"6.2\/IV\/23\/6.2-2312","metadata":false},{"id":72757,"structure_id":13296,"section_number":"6.2-2313","catch_line":"Documents having pretium affectionis","url":"\/6.2-2313\/","token":"6.2\/IV\/23\/6.2-2313","metadata":false},{"id":82502,"structure_id":13296,"section_number":"6.2-2314","catch_line":"Provisions confer cumulative remedy","url":"\/6.2-2314\/","token":"6.2\/IV\/23\/6.2-2314","metadata":false}],"previous_section":{"id":78070,"structure_id":13296,"section_number":"6.2-2302","catch_line":"Limited access to safe deposit box upon death of lessee","url":"\/6.2-2302\/","token":"6.2\/IV\/23\/6.2-2302","metadata":false},"next_section":{"id":81316,"structure_id":13296,"section_number":"6.2-2304","catch_line":"Duty to deny access to safe deposit boxes under certain conditions","url":"\/6.2-2304\/","token":"6.2\/IV\/23\/6.2-2304","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-2303\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 446 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapter 312<\/a>; in 2003, chapter 269<\/a>; in 2010, chapter 794<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":267091,"object_type":"law","relational_id":55226,"identifier":"6.2-2303","token":"6.2\/IV\/23\/6.2-2303","url":"\/6.2-2303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-2303\/","token":"6.2\/IV\/23\/6.2-2303","dublin_core":{"Title":"Limited access to safe deposit box upon incapacity of lessee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-2303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receiving a letter from a licensed physician that in his professional opinion<\/span> an individual, who is the sole lessee<\/span> of a box<\/span>, is incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of another, the company<\/span> may permit access to such box<\/span> for the limited purpose of looking for a power of attorney<\/span> executed by the lessee<\/span> that relates to the management of his property or financial affairs; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of another, the company<\/span> may permit access to the box<\/span> for the limited purpose of looking for an advance medical directive executed by the lessee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such access shall only be granted to the lessee<\/span>’s guardian, conservator, spouse or next of kin or to a person<\/span> asserting a knowledge or belief: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the access is sought pursuant to subdivision A 1, that he is named as an agent in a power of attorney<\/span> believed to be in the box<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the access is sought pursuant to subdivision A 2, that he is named as an agent in an advance medical directive believed to be in the box<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Access to a box<\/span> shall be under the supervision of a designated officer or employee of the company<\/span>, and nothing shall be removed from the box<\/span> except (i) if the access is sought pursuant to subdivision A 1, the power of attorney<\/span> for transmission to a person<\/span> named as agent therein or (ii) if the access is sought pursuant to subdivision A 2, the advance medical directive for transmission to a person<\/span> named as agent therein or in the absence of such a person<\/span>, to the lessee<\/span>’s attending physician to be made a part of the lessee<\/span>’s medical records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the box<\/span> is co-leased, the company<\/span> may permit entry into the box<\/span> by the same persons<\/span> and under the same circumstances and terms as specified above, upon proof satisfactory to it that the then co-lessees<\/span> are not reasonably available for access to the box<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The company<\/span> shall (i) make a photocopy of any document removed from a box<\/span> pursuant to this section, (ii) place the copy in the box<\/span> prior to delivering the original to any person<\/span>, and (iii) not be liable except for acting in bad faith or for permitting the removal of other items from the box<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITED ACCESS TO SAFE DEPOSIT BOX UPON INCAPACITY OF LESSEE (\u00a7 6.2-2303)\n\nA. Upon receiving a letter from a licensed physician that in his professional\nopinion an individual, who is the sole lessee of a box, is incapable of\nreceiving and evaluating information effectively or responding to people,\nevents, or environments to such an extent that the individual lacks the\ncapacity:\n\n 1. To manage property or financial affairs or provide for his support or for\n the support of his legal dependents without the assistance or protection of\n another, the company may permit access to such box for the limited purpose of\n looking for a power of attorney executed by the lessee that relates to the\n management of his property or financial affairs; or\n\n 2. To meet the essential requirements for his health, care, safety, or\n therapeutic needs without the assistance or protection of another, the company\n may permit access to the box for the limited purpose of looking for an advance\n medical directive executed by the lessee.\n\nB. Such access shall only be granted to the lessee’s guardian,\nconservator, spouse or next of kin or to a person asserting a knowledge or\nbelief:\n\n 1. If the access is sought pursuant to subdivision A 1, that he is named as an\n agent in a power of attorney believed to be in the box; or\n\n 2. If the access is sought pursuant to subdivision A 2, that he is named as an\n agent in an advance medical directive believed to be in the box.\n\nC. Access to a box shall be under the supervision of a designated officer or\nemployee of the company, and nothing shall be removed from the box except (i) if\nthe access is sought pursuant to subdivision A 1, the power of attorney for\ntransmission to a person named as agent therein or (ii) if the access is sought\npursuant to subdivision A 2, the advance medical directive for transmission to a\nperson named as agent therein or in the absence of such a person, to the\nlessee’s attending physician to be made a part of the lessee’s\nmedical records.\n\nD. If the box is co-leased, the company may permit entry into the box by the\nsame persons and under the same circumstances and terms as specified above, upon\nproof satisfactory to it that the then co-lessees are not reasonably available\nfor access to the box.\n\nE. The company shall (i) make a photocopy of any document removed from a box\npursuant to this section, (ii) place the copy in the box prior to delivering the\noriginal to any person, and (iii) not be liable except for acting in bad faith\nor for permitting the removal of other items from the box.\n\nHISTORY: 1984, c. 446, \u00a7 6.1-332.1; 2002, c. 312; 2003, c. 269; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}