{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1600.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1600.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1600.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1600.html"}],"law_id":68410,"edition_id":1,"section_id":68410,"structure_id":13095,"section_number":"64.2-1600","catch_line":"Definitions","history":"2010, cc. 455, 632, \u00a7 26-73; 2012, c. 614.","full_text":"For the purposes of this chapter, unless the context requires otherwise:\n\t\t“Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated.\n\t\t“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.\n\t\t“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t“Good faith” means honesty in fact.\n\t\t“Incapacity” means inability of an individual to manage property or business affairs because the individual:\n\n1\n\nHas an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or2\n\nIs missing or outside the United States and unable to return.\n\t\t\t“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.\n\t\t\t“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.\n\t\t\t“Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.\n\t\t\t“Principal” means an individual who grants authority to an agent in a power of attorney.\n\t\t\t“Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.\n\t\t\t“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\t\t\t“Sign” means, with present intent to authenticate or adopt a record: (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the record an electronic sound, symbol, or process.\n\t\t\t“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\t\t\t“Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.","order_by":null,"text":{"0":{"id":247707,"text":"For the purposes of this chapter, unless the context requires otherwise:\n\t\t“Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated.\n\t\t“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.\n\t\t“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t“Good faith” means honesty in fact.\n\t\t“Incapacity” means inability of an individual to manage property or business affairs because the individual:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":247708,"text":"Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":247709,"text":"Is missing or outside the United States and unable to return.\n\t\t\t“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.\n\t\t\t“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.\n\t\t\t“Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.\n\t\t\t“Principal” means an individual who grants authority to an agent in a power of attorney.\n\t\t\t“Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.\n\t\t\t“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n\t\t\t“Sign” means, with present intent to authenticate or adopt a record: (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the record an electronic sound, symbol, or process.\n\t\t\t“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\t\t\t“Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13095,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":12907,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":275157,"object_type":"structure","relational_id":13095,"identifier":"1","token":"64.2\/IV\/B\/16\/1","url":"\/64.2\/IV\/B\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12907,"edition_id":1,"name":"Uniform Power of Attorney Act","identifier":"16","label":"chapter","depth":4,"order_by":1,"parent_id":12906,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":275155,"object_type":"structure","relational_id":12907,"identifier":"16","token":"64.2\/IV\/B\/16","url":"\/64.2\/IV\/B\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12906,"edition_id":1,"name":"Powers of Attorney","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":275153,"object_type":"structure","relational_id":12906,"identifier":"B","token":"64.2\/IV\/B","url":"\/64.2\/IV\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68410,"structure_id":13095,"section_number":"64.2-1600","catch_line":"Definitions","url":"\/64.2-1600\/","token":"64.2\/IV\/B\/16\/1\/64.2-1600","metadata":false},{"id":54138,"structure_id":13095,"section_number":"64.2-1601","catch_line":"Applicability","url":"\/64.2-1601\/","token":"64.2\/IV\/B\/16\/1\/64.2-1601","metadata":false},{"id":67093,"structure_id":13095,"section_number":"64.2-1602","catch_line":"Power of attorney is durable","url":"\/64.2-1602\/","token":"64.2\/IV\/B\/16\/1\/64.2-1602","metadata":false},{"id":58550,"structure_id":13095,"section_number":"64.2-1603","catch_line":"Execution of power of attorney","url":"\/64.2-1603\/","token":"64.2\/IV\/B\/16\/1\/64.2-1603","metadata":false},{"id":84185,"structure_id":13095,"section_number":"64.2-1604","catch_line":"Validity of power of attorney","url":"\/64.2-1604\/","token":"64.2\/IV\/B\/16\/1\/64.2-1604","metadata":false},{"id":61356,"structure_id":13095,"section_number":"64.2-1605","catch_line":"Meaning and effect of power of attorney","url":"\/64.2-1605\/","token":"64.2\/IV\/B\/16\/1\/64.2-1605","metadata":false},{"id":70946,"structure_id":13095,"section_number":"64.2-1606","catch_line":"Nomination of conservator or guardian; relation of agent to court-appointed fiduciary","url":"\/64.2-1606\/","token":"64.2\/IV\/B\/16\/1\/64.2-1606","metadata":false},{"id":75967,"structure_id":13095,"section_number":"64.2-1607","catch_line":"When power of attorney effective","url":"\/64.2-1607\/","token":"64.2\/IV\/B\/16\/1\/64.2-1607","metadata":false},{"id":86198,"structure_id":13095,"section_number":"64.2-1608","catch_line":"Termination of power of attorney or agent's authority","url":"\/64.2-1608\/","token":"64.2\/IV\/B\/16\/1\/64.2-1608","metadata":false},{"id":59868,"structure_id":13095,"section_number":"64.2-1609","catch_line":"Coagents and successor agents","url":"\/64.2-1609\/","token":"64.2\/IV\/B\/16\/1\/64.2-1609","metadata":false},{"id":54960,"structure_id":13095,"section_number":"64.2-1610","catch_line":"Reimbursement and compensation of agent","url":"\/64.2-1610\/","token":"64.2\/IV\/B\/16\/1\/64.2-1610","metadata":false},{"id":74007,"structure_id":13095,"section_number":"64.2-1611","catch_line":"Agent's acceptance","url":"\/64.2-1611\/","token":"64.2\/IV\/B\/16\/1\/64.2-1611","metadata":false},{"id":59902,"structure_id":13095,"section_number":"64.2-1612","catch_line":"Agent's duties","url":"\/64.2-1612\/","token":"64.2\/IV\/B\/16\/1\/64.2-1612","metadata":false},{"id":64188,"structure_id":13095,"section_number":"64.2-1613","catch_line":"Exoneration of agent","url":"\/64.2-1613\/","token":"64.2\/IV\/B\/16\/1\/64.2-1613","metadata":false},{"id":87329,"structure_id":13095,"section_number":"64.2-1614","catch_line":"Judicial relief","url":"\/64.2-1614\/","token":"64.2\/IV\/B\/16\/1\/64.2-1614","metadata":false},{"id":71588,"structure_id":13095,"section_number":"64.2-1615","catch_line":"Agent's liability","url":"\/64.2-1615\/","token":"64.2\/IV\/B\/16\/1\/64.2-1615","metadata":false},{"id":78718,"structure_id":13095,"section_number":"64.2-1616","catch_line":"Agent's resignation; notice","url":"\/64.2-1616\/","token":"64.2\/IV\/B\/16\/1\/64.2-1616","metadata":false},{"id":61617,"structure_id":13095,"section_number":"64.2-1617","catch_line":"Acceptance of and reliance upon acknowledged power of attorney","url":"\/64.2-1617\/","token":"64.2\/IV\/B\/16\/1\/64.2-1617","metadata":false},{"id":72094,"structure_id":13095,"section_number":"64.2-1618","catch_line":"Liability for refusal to accept acknowledged power of attorney","url":"\/64.2-1618\/","token":"64.2\/IV\/B\/16\/1\/64.2-1618","metadata":false},{"id":66367,"structure_id":13095,"section_number":"64.2-1619","catch_line":"Principles of law and equity","url":"\/64.2-1619\/","token":"64.2\/IV\/B\/16\/1\/64.2-1619","metadata":false},{"id":75462,"structure_id":13095,"section_number":"64.2-1620","catch_line":"Laws applicable to financial institutions and entities","url":"\/64.2-1620\/","token":"64.2\/IV\/B\/16\/1\/64.2-1620","metadata":false},{"id":85258,"structure_id":13095,"section_number":"64.2-1621","catch_line":"Remedies under other law","url":"\/64.2-1621\/","token":"64.2\/IV\/B\/16\/1\/64.2-1621","metadata":false}],"next_section":{"id":54138,"structure_id":13095,"section_number":"64.2-1601","catch_line":"Applicability","url":"\/64.2-1601\/","token":"64.2\/IV\/B\/16\/1\/64.2-1601","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1600\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapters 455<\/a> and 632<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":67231,"section_number":"18.2-178.2","catch_line":"Financial exploitation by an agent; penalty","order_by":null,"url":"\/18.2-178.2\/"},{"id":56890,"section_number":"6.2-2040","catch_line":"Licensees providing debt settlement services; prohibited and required business methods","order_by":null,"url":"\/6.2-2040\/"},{"id":79522,"section_number":"6.2-619","catch_line":"Certain duties of parties to joint accounts in financial institutions","order_by":null,"url":"\/6.2-619\/"},{"id":75967,"section_number":"64.2-1607","catch_line":"When power of attorney effective","order_by":null,"url":"\/64.2-1607\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":65289,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","order_by":null,"url":"\/64.2-2009\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"},{"id":78923,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","order_by":null,"url":"\/64.2-2022\/"}],"refers_to":false,"permalink":{"id":275159,"object_type":"law","relational_id":68410,"identifier":"64.2-1600","token":"64.2\/IV\/B\/16\/1\/64.2-1600","url":"\/64.2-1600\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1600\/","token":"64.2\/IV\/B\/16\/1\/64.2-1600","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1600","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For the purposes of this chapter, unless the context requires otherwise:\n\t\t“Agent<\/span>” means a person<\/span> granted authority to act for a principal<\/span> under a power of attorney<\/span>, whether denominated an agent<\/span>, attorney-in-fact<\/span><\/span>, or otherwise. The term includes an original agent<\/span>, coagent, successor agent<\/span>, and a person<\/span> to which an agent<\/span>’s authority is delegated.\n\t\t“Durable,” with respect to a power of attorney<\/span>, means not terminated by the principal<\/span>’s incapacity<\/span>.\n\t\t“Electronic<\/span>” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t“Good faith<\/span>” means honesty in fact<\/span>.\n\t\t“Incapacity<\/span>” means inability of an individual to manage property<\/span> or business affairs because the individual:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is missing or outside the United States<\/span> and unable to return.\n\t\t\t“Person<\/span>” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.\n\t\t\t“Power of attorney<\/span>” means a writing or other record<\/span> that grants authority to an agent<\/span> to act in the place of the principal<\/span>, whether or not the term power of attorney<\/span> is used.\n\t\t\t“Presently exercisable general power of appointment,” with respect to property<\/span> or a property<\/span> interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal<\/span> individually, the principal<\/span>’s estate, the principal<\/span>’s creditors<\/span>, or the creditors<\/span> of the principal<\/span>’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary<\/span> capacity or only by will<\/span>.\n\t\t\t“Principal<\/span>” means an individual who grants authority to an agent<\/span> in a power of attorney<\/span>.\n\t\t\t“Property<\/span>” means anything that may be the subject of ownership, whether real or personal, or legal or equitable<\/span>, or any interest or right therein.\n\t\t\t“Record<\/span>” means information that is inscribed on a tangible medium or that is stored in an electronic<\/span> or other medium and is retrievable in perceivable form.\n\t\t\t“Sign” means, with present intent<\/span> to authenticate or adopt a record<\/span>: (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the record<\/span> an electronic<\/span> sound, symbol, or process.\n\t\t\t“State<\/span>” means a state<\/span> of the United States<\/span>, the District of Columbia, Puerto Rico, the United States<\/span> Virgin Islands, or any territory or insular possession<\/span> subject to the jurisdiction<\/span> of the United States<\/span>.\n\t\t\t“Stocks and bonds<\/span>” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts<\/span> and call or put options on stocks or stock indexes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 64.2-1600)\n\nFor the purposes of this chapter, unless the context requires otherwise:\n\t\t“Agent” means a person granted authority to act for a principal\nunder a power of attorney, whether denominated an agent, attorney-in-fact, or\notherwise. The term includes an original agent, coagent, successor agent, and a\nperson to which an agent’s authority is delegated.\n\t\t“Durable,” with respect to a power of attorney, means not\nterminated by the principal’s incapacity.\n\t\t“Electronic” means relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n\t\t“Good faith” means honesty in fact.\n\t\t“Incapacity” means inability of an individual to manage property\nor business affairs because the individual:\n\n1. Has an impairment in the ability to receive and evaluate information or make\nor communicate decisions even with the use of technological assistance; or\n\n2. Is missing or outside the United States and unable to return.\n\t\t\t“Person” means an individual, corporation, business trust,\nestate, trust, partnership, limited liability company, association, joint\nventure, public corporation, government or governmental subdivision, agency, or\ninstrumentality, or any other legal or commercial entity.\n\t\t\t“Power of attorney” means a writing or other record that grants\nauthority to an agent to act in the place of the principal, whether or not the\nterm power of attorney is used.\n\t\t\t“Presently exercisable general power of appointment,” with\nrespect to property or a property interest subject to a power of appointment,\nmeans power exercisable at the time in question to vest absolute ownership in\nthe principal individually, the principal’s estate, the principal’s\ncreditors, or the creditors of the principal’s estate. The term includes a\npower of appointment not exercisable until the occurrence of a specified event,\nthe satisfaction of an ascertainable standard, or the passage of a specified\nperiod only after the occurrence of the specified event, the satisfaction of the\nascertainable standard, or the passage of the specified period. The term does\nnot include a power exercisable in a fiduciary capacity or only by will.\n\t\t\t“Principal” means an individual who grants authority to an agent\nin a power of attorney.\n\t\t\t“Property” means anything that may be the subject of ownership,\nwhether real or personal, or legal or equitable, or any interest or right\ntherein.\n\t\t\t“Record” means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n\t\t\t“Sign” means, with present intent to authenticate or adopt a\nrecord: (i) to execute or adopt a tangible symbol or (ii) to attach to or\nlogically associate with the record an electronic sound, symbol, or process.\n\t\t\t“State” means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any territory or\ninsular possession subject to the jurisdiction of the United States.\n\t\t\t“Stocks and bonds” means stocks, bonds, mutual funds, and all\nother types of securities and financial instruments, whether held directly,\nindirectly, or in any other manner. The term does not include commodity futures\ncontracts and call or put options on stocks or stock indexes.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-73; 2012, c. 614.","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}}