{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1609.html"}],"law_id":59868,"edition_id":1,"section_id":59868,"structure_id":13095,"section_number":"64.2-1609","catch_line":"Coagents and successor agents","history":"2010, cc. 455, 632, \u00a7 26-82; 2012, c. 614.","full_text":"A\n\nA principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.B\n\nA principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent (i) has the same authority as that granted to the original agent; and (ii) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.C\n\nExcept as otherwise provided in the power of attorney and subsection D, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.D\n\nAn agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.","order_by":null,"text":{"0":{"id":219297,"text":"A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219298,"text":"A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent (i) has the same authority as that granted to the original agent; and (ii) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219299,"text":"Except as otherwise provided in the power of attorney and subsection D, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":219300,"text":"An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1609\/","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":false,"refers_to":false,"permalink":{"id":275195,"object_type":"law","relational_id":59868,"identifier":"64.2-1609","token":"64.2\/IV\/B\/16\/1\/64.2-1609","url":"\/64.2-1609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1609\/","token":"64.2\/IV\/B\/16\/1\/64.2-1609","dublin_core":{"Title":"Coagents and successor agents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A principal<\/span> may designate two or more persons<\/span> to act as coagents. Unless the power of attorney<\/span> otherwise provides, each coagent may exercise its authority independently. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A principal<\/span> may designate one or more successor agents<\/span> to act if an agent<\/span> resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal<\/span> may grant authority to designate one or more successor agents<\/span> to an agent<\/span> or other person<\/span> designated by name, office, or function. Unless the power of attorney<\/span> otherwise provides, a successor agent<\/span> (i) has the same authority as that granted to the original agent<\/span>; and (ii) may not act until all predecessor agents<\/span> have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as otherwise provided in the power of attorney<\/span> and subsection D, an agent<\/span> that does not participate in or conceal a breach of fiduciary<\/span> duty committed by another agent<\/span>, including a predecessor agent<\/span>, is not liable for the actions of the other agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An agent<\/span> that has actual knowledge of a breach or imminent breach of fiduciary<\/span> duty by another agent<\/span> shall notify the principal<\/span> and, if the principal<\/span> is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal<\/span>’s best interest. An agent<\/span> that fails to notify the principal<\/span> or take action as required by this subsection is liable for the reasonably foreseeable damages<\/span> that could have been avoided if the agent<\/span> had notified the principal<\/span> or taken such action. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOAGENTS AND SUCCESSOR AGENTS (\u00a7 64.2-1609)\n\nA. A principal may designate two or more persons to act as coagents. Unless the\npower of attorney otherwise provides, each coagent may exercise its authority\nindependently.\n\nB. A principal may designate one or more successor agents to act if an agent\nresigns, dies, becomes incapacitated, is not qualified to serve, or declines to\nserve. A principal may grant authority to designate one or more successor agents\nto an agent or other person designated by name, office, or function. Unless the\npower of attorney otherwise provides, a successor agent (i) has the same\nauthority as that granted to the original agent; and (ii) may not act until all\npredecessor agents have resigned, died, become incapacitated, are no longer\nqualified to serve, or have declined to serve.\n\nC. Except as otherwise provided in the power of attorney and subsection D, an\nagent that does not participate in or conceal a breach of fiduciary duty\ncommitted by another agent, including a predecessor agent, is not liable for the\nactions of the other agent.\n\nD. An agent that has actual knowledge of a breach or imminent breach of\nfiduciary duty by another agent shall notify the principal and, if the principal\nis incapacitated, take any action reasonably appropriate in the circumstances to\nsafeguard the principal’s best interest. An agent that fails to notify the\nprincipal or take action as required by this subsection is liable for the\nreasonably foreseeable damages that could have been avoided if the agent had\nnotified the principal or taken such action.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-82; 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}}