{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1612.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1612.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1612.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1612.html"}],"law_id":59902,"edition_id":1,"section_id":59902,"structure_id":13095,"section_number":"64.2-1612","catch_line":"Agent’s duties","history":"2010, cc. 455, 632, \u00a7 26-85; 2012, c. 614.","full_text":"A\n\nNotwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:1\n\nAct in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;2\n\nAct in good faith; and3\n\nAct only within the scope of authority granted in the power of attorney.B\n\nExcept as otherwise provided in the power of attorney, an agent that has accepted appointment shall:1\n\nAct loyally for the principal’s benefit;2\n\nAct so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;3\n\nAct with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;4\n\nKeep a record of all receipts, disbursements, and transactions made on behalf of the principal;5\n\nCooperate with a person that has authority to make health care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and otherwise act in the principal’s best interest; and6\n\nAttempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:\n\t\t\t\ta. The value and nature of the principal’s property;\n\t\t\t\tb. The principal’s foreseeable obligations and need for maintenance;\n\t\t\t\tc. Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and\n\t\t\t\td. Eligibility for a benefit, a program, or assistance under a statute or regulation.C\n\nAn agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.D\n\nAn agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.E\n\nIf an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.F\n\nAbsent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.G\n\nAn agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person; however, nothing herein is intended to abrogate any duty of the agent under the Uniform Prudent Investor Act (§ 64.2-780 et seq.).H\n\nExcept as otherwise provided in the power of attorney, an agent shall disclose receipts, disbursements, or transactions conducted on behalf of the principal if requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.I\n\nExcept as otherwise provided in the power of attorney, an agent shall, on reasonable request made by a person listed in subdivisions A 3 through A 9 of § 64.2-1614 who has a good faith belief that the principal suffers an incapacity or, if deceased, suffered incapacity at the time the agent acted, disclose to such person the extent to which he has chosen to act and the actions taken on behalf of the principal within the five years prior to either (i) the date of the request or (ii) the date of the death of the principal, if the principal is deceased at the time such request is made, and shall permit reasonable inspection of records pertaining to such actions by such person. In all cases where the principal is deceased at the time such request is made, such request shall be made within one year after the date of the death of the principal. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.","order_by":null,"text":{"0":{"id":219400,"text":"Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":219401,"text":"Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":219402,"text":"Act in good faith; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":219403,"text":"Act only within the scope of authority granted in the power of attorney.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":219404,"text":"Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":219405,"text":"Act loyally for the principal’s benefit;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":219406,"text":"Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":219407,"text":"Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":219408,"text":"Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":219409,"text":"Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and otherwise act in the principal’s best interest; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"10":{"id":219410,"text":"Attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:\n\t\t\t\ta. The value and nature of the principal’s property;\n\t\t\t\tb. The principal’s foreseeable obligations and need for maintenance;\n\t\t\t\tc. Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and\n\t\t\t\td. Eligibility for a benefit, a program, or assistance under a statute or regulation.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"11":{"id":219411,"text":"An agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"12":{"id":219412,"text":"An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":219413,"text":"If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":219414,"text":"Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":219415,"text":"An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person; however, nothing herein is intended to abrogate any duty of the agent under the Uniform Prudent Investor Act (§ 64.2-780 et seq.).","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"16":{"id":219416,"text":"Except as otherwise provided in the power of attorney, an agent shall disclose receipts, disbursements, or transactions conducted on behalf of the principal if requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"17":{"id":219417,"text":"Except as otherwise provided in the power of attorney, an agent shall, on reasonable request made by a person listed in subdivisions A 3 through A 9 of § 64.2-1614 who has a good faith belief that the principal suffers an incapacity or, if deceased, suffered incapacity at the time the agent acted, disclose to such person the extent to which he has chosen to act and the actions taken on behalf of the principal within the five years prior to either (i) the date of the request or (ii) the date of the death of the principal, if the principal is deceased at the time such request is made, and shall permit reasonable inspection of records pertaining to such actions by such person. In all cases where the principal is deceased at the time such request is made, such request shall be made within one year after the date of the death of the principal. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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; 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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":87329,"section_number":"64.2-1614","catch_line":"Judicial relief","order_by":null,"url":"\/64.2-1614\/"},{"id":79648,"section_number":"64.2-719","catch_line":"Methods of creating trust","order_by":null,"url":"\/64.2-719\/"},{"id":82573,"section_number":"64.2-751","catch_line":"Revocation or amendment of revocable trust","order_by":null,"url":"\/64.2-751\/"}],"refers_to":[{"id":87329,"section_number":"64.2-1614","catch_line":"Judicial relief","order_by":null,"url":"\/64.2-1614\/"},{"id":57841,"section_number":"64.2-780","catch_line":"Definition of terms","order_by":null,"url":"\/64.2-780\/"}],"permalink":{"id":275207,"object_type":"law","relational_id":59902,"identifier":"64.2-1612","token":"64.2\/IV\/B\/16\/1\/64.2-1612","url":"\/64.2-1612\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1612\/","token":"64.2\/IV\/B\/16\/1\/64.2-1612","dublin_core":{"Title":"Agent’s duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1612","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding provisions in the power of attorney<\/span>, an agent<\/span> that has accepted appointment shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Act in accordance with the principal<\/span>’s reasonable expectations to the extent actually known by the agent<\/span> and, otherwise, in the principal<\/span>’s best interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Act in good faith<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Act only within the scope of authority granted in the power of attorney<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in the power of attorney<\/span>, an agent<\/span> that has accepted appointment shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Act loyally for the principal<\/span>’s benefit; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Act so as not to create a conflict of interest<\/span> that impairs the agent<\/span>’s ability to act impartially in the principal<\/span>’s best interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Act with the care, competence, and diligence ordinarily exercised by agents<\/span> in similar circumstances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Keep a record<\/span> of all receipts, disbursements, and transactions made on behalf of the principal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Cooperate with a person<\/span> that has authority to make health care decisions for the principal<\/span> to carry out the principal<\/span>’s reasonable expectations to the extent actually known by the agent<\/span> and otherwise act in the principal<\/span>’s best interest; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Attempt to preserve the principal<\/span>’s estate plan, to the extent actually known by the agent<\/span>, if preserving the plan is consistent with the principal<\/span>’s best interest based on all relevant factors, including:\n\t\t\t\ta. The value<\/span> and nature of the principal<\/span>’s property<\/span>;\n\t\t\t\tb. The principal<\/span>’s foreseeable obligations and need for maintenance;\n\t\t\t\tc. Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and\n\t\t\t\td. Eligibility for a benefit, a program, or assistance under a statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An agent<\/span> that acts in good faith<\/span> is not liable to any beneficiary of the principal<\/span>’s estate plan for failure to preserve the plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An agent<\/span> that acts with care, competence, and diligence for the best interest of the principal<\/span> is not liable solely because the agent<\/span> also benefits from the act or has an individual or conflicting interest in relation to the property<\/span> or affairs of the principal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an agent<\/span> is selected by the principal<\/span> because of special skills or expertise possessed by the agent<\/span> or in reliance on the agent<\/span>’s representation that the agent<\/span> has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent<\/span> has acted with care, competence, and diligence under the circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Absent a breach of duty to the principal<\/span>, an agent<\/span> is not liable if the value<\/span> of the principal<\/span>’s property<\/span> declines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> An agent<\/span> that exercises authority to delegate to another person<\/span> the authority granted by the principal<\/span> or that engages another person<\/span> on behalf of the principal<\/span> is not liable for an act, error of judgment<\/span>, or default<\/span> of that person<\/span> if the agent<\/span> exercises care, competence, and diligence in selecting and monitoring the person<\/span>; however, nothing herein is intended to abrogate any duty of the agent<\/span> under the Uniform Prudent Investor Act (§ 64.2-780<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except as otherwise provided in the power of attorney<\/span>, an agent<\/span> shall disclose receipts, disbursements, or transactions conducted on behalf of the principal<\/span> if requested by the principal<\/span>, a guardian, a conservator, another fiduciary<\/span> acting for the principal<\/span>, or, upon the death of the principal<\/span>, by the personal representative<\/span> or successor in interest of the principal<\/span>’s estate. If so requested, within 30 days the agent<\/span> shall comply with the request or provide a writing or other record<\/span> substantiating why additional time is needed and shall comply with the request within an additional 30 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Except as otherwise provided in the power of attorney<\/span>, an agent<\/span> shall, on reasonable request made by a person<\/span> listed in subdivisions A 3 through A 9 of § 64.2-1614<\/a> who has a good faith<\/span> belief that the principal<\/span> suffers an incapacity<\/span> or, if deceased, suffered incapacity<\/span> at the time the agent<\/span> acted, disclose to such person<\/span> the extent to which he has chosen to act and the actions taken on behalf of the principal<\/span> within the five years prior to either (i) the date of the request or (ii) the date of the death of the principal<\/span>, if the principal<\/span> is deceased at the time such request is made, and shall permit reasonable inspection of records<\/span> pertaining to such actions by such person<\/span>. In all cases where the principal<\/span> is deceased at the time such request is made, such request shall be made within one year after the date of the death of the principal<\/span>. If so requested, within 30 days the agent<\/span> shall comply with the request or provide a writing or other record<\/span> substantiating why additional time is needed and shall comply with the request within an additional 30 days. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGENT’S DUTIES (\u00a7 64.2-1612)\n\nA. Notwithstanding provisions in the power of attorney, an agent that has\naccepted appointment shall:\n\n 1. Act in accordance with the principal’s reasonable expectations to the\n extent actually known by the agent and, otherwise, in the principal’s\n best interest;\n\n 2. Act in good faith; and\n\n 3. Act only within the scope of authority granted in the power of attorney.\n\nB. Except as otherwise provided in the power of attorney, an agent that has\naccepted appointment shall:\n\n 1. Act loyally for the principal’s benefit;\n\n 2. Act so as not to create a conflict of interest that impairs the\n agent’s ability to act impartially in the principal’s best\n interest;\n\n 3. Act with the care, competence, and diligence ordinarily exercised by agents\n in similar circumstances;\n\n 4. Keep a record of all receipts, disbursements, and transactions made on\n behalf of the principal;\n\n 5. Cooperate with a person that has authority to make health care decisions\n for the principal to carry out the principal’s reasonable expectations\n to the extent actually known by the agent and otherwise act in the\n principal’s best interest; and\n\n 6. Attempt to preserve the principal’s estate plan, to the extent\n actually known by the agent, if preserving the plan is consistent with the\n principal’s best interest based on all relevant factors, including:\n \t\t\t\ta. The value and nature of the principal’s property;\n \t\t\t\tb. The principal’s foreseeable obligations and need for maintenance;\n \t\t\t\tc. Minimization of taxes, including income, estate, inheritance,\n generation-skipping transfer, and gift taxes; and\n \t\t\t\td. Eligibility for a benefit, a program, or assistance under a statute or\n regulation.\n\nC. An agent that acts in good faith is not liable to any beneficiary of the\nprincipal’s estate plan for failure to preserve the plan.\n\nD. An agent that acts with care, competence, and diligence for the best interest\nof the principal is not liable solely because the agent also benefits from the\nact or has an individual or conflicting interest in relation to the property or\naffairs of the principal.\n\nE. If an agent is selected by the principal because of special skills or\nexpertise possessed by the agent or in reliance on the agent’s\nrepresentation that the agent has special skills or expertise, the special\nskills or expertise shall be considered in determining whether the agent has\nacted with care, competence, and diligence under the circumstances.\n\nF. Absent a breach of duty to the principal, an agent is not liable if the value\nof the principal’s property declines.\n\nG. An agent that exercises authority to delegate to another person the authority\ngranted by the principal or that engages another person on behalf of the\nprincipal is not liable for an act, error of judgment, or default of that person\nif the agent exercises care, competence, and diligence in selecting and\nmonitoring the person; however, nothing herein is intended to abrogate any duty\nof the agent under the Uniform Prudent Investor Act (§ 64.2-780 et seq.).\n\nH. Except as otherwise provided in the power of attorney, an agent shall\ndisclose receipts, disbursements, or transactions conducted on behalf of the\nprincipal if requested by the principal, a guardian, a conservator, another\nfiduciary acting for the principal, or, upon the death of the principal, by the\npersonal representative or successor in interest of the principal’s\nestate. If so requested, within 30 days the agent shall comply with the request\nor provide a writing or other record substantiating why additional time is\nneeded and shall comply with the request within an additional 30 days.\n\nI. Except as otherwise provided in the power of attorney, an agent shall, on\nreasonable request made by a person listed in subdivisions A 3 through A 9 of\n§ 64.2-1614 who has a good faith belief that the principal suffers an\nincapacity or, if deceased, suffered incapacity at the time the agent acted,\ndisclose to such person the extent to which he has chosen to act and the actions\ntaken on behalf of the principal within the five years prior to either (i) the\ndate of the request or (ii) the date of the death of the principal, if the\nprincipal is deceased at the time such request is made, and shall permit\nreasonable inspection of records pertaining to such actions by such person. In\nall cases where the principal is deceased at the time such request is made, such\nrequest shall be made within one year after the date of the death of the\nprincipal. If so requested, within 30 days the agent shall comply with the\nrequest or provide a writing or other record substantiating why additional time\nis needed and shall comply with the request within an additional 30 days.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-85; 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}}