{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1614.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1614.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1614.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1614.html"}],"law_id":87329,"edition_id":1,"section_id":87329,"structure_id":13095,"section_number":"64.2-1614","catch_line":"Judicial relief","history":"2010, cc. 455, 632, \u00a7 26-87; 2012, c. 614; 2019, c. 520.","full_text":"A\n\nIn addition to the remedies referenced in \u00a7 64.2-1621, the following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief:1\n\nThe principal or the agent;2\n\nA guardian, conservator, personal representative of the estate of a deceased principal, or other fiduciary acting for the principal;3\n\nA person authorized to make health care decisions for the principal;4\n\nThe principal’s spouse, parent, or descendant;5\n\nAn adult who is a brother, sister, niece, or nephew of the principal;6\n\nA person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;7\n\nThe adult protective services unit of the local department of social services for the county or city where the principal resides or is located;8\n\nThe principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and9\n\nA person asked to accept the power of attorney.B\n\n1. Whether or not supplemental relief is sought in the proceeding, where an agent has violated duties of disclosure imposed by \u00a7 64.2-1612, any person to whom such duties are owing may, for the purpose of obtaining information pertinent to the need or propriety of (i) instituting a proceeding under Chapter 20 (\u00a7 64.2-2000 et seq.); (ii) terminating, suspending, or limiting the authority of the agent; or (iii) bringing a proceeding to hold the agent, or a transferee from such agent, liable for breach of duty or to recover particular assets or the value of such assets of a principal or deceased principal, petition a circuit court for discovery from the agent of information and records pertaining to actions taken pursuant to a power of attorney.2\n\nThe petition may be filed in the circuit court of the county or city in which the agent resides or has his principal place of employment, or, if a nonresident, in any court in which a determination of incompetency or incapacity of the principal is proper under Chapter 20 (§ 64.2-2000 et seq.), or, if a conservator or guardian has been appointed for the principal, in the court that made the appointment. The court, after reasonable notice to the agent and to the principal, if no guardian or conservator has been appointed, or to the conservator or guardian, if one has been appointed, may conduct a hearing on the petition. The court, upon the hearing on the petition and upon consideration of the interest of the principal and his estate, may dismiss the petition or may enter such order or orders respecting discovery as it may deem appropriate, including an order that the agent respond to all discovery methods that the petitioner might employ in a civil action or suit subject to the Rules of Supreme Court of Virginia. Upon the failure of the agent to make discovery, the court may make and enforce further orders respecting discovery that would be proper in a civil action subject to such Rules and may award expenses, including reasonable attorney fees, as therein provided. Furthermore, upon completion of discovery, the court, if satisfied that prior to filing the petition the petitioner had requested the information or records that are the subject of ordered discovery pursuant to § 64.2-1612, may, upon finding that the failure to comply with the request for information was unreasonable, order the agent to pay the petitioner’s expenses in obtaining discovery, including reasonable attorney fees.3\n\nA determination to grant or deny in whole or in part discovery sought hereunder shall not be considered a finding regarding the competence, capacity, or impairment of the principal, nor shall the granting or denial of discovery hereunder preclude the availability of other remedies involving protection of the person or estate of the principal or the rights and duties of the agent.C\n\nThe agent may, after reasonable notice to the principal, petition the circuit court for authority to make gifts of the principal’s property to the extent not inconsistent with the express terms of the power of attorney or other writing. The court shall determine the amounts, recipients, and proportions of any gifts of the principal’s property after considering all relevant factors including, without limitation, those contained in subsection C of § 64.2-1638.D\n\nUpon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.E\n\nIn a judicial proceeding under this chapter, if the court finds that the agent breached his fiduciary duty in violation of the provisions of this chapter, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any person who petitions the court for relief under subdivisions A 1 through 8, to be paid by the agent found in violation. This provision applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2019.","order_by":null,"text":{"0":{"id":312727,"text":"In addition to the remedies referenced in \u00a7 64.2-1621, the following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":312728,"text":"The principal or the agent;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":312729,"text":"A guardian, conservator, personal representative of the estate of a deceased principal, or other fiduciary acting for the principal;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":312730,"text":"A person authorized to make health care decisions for the principal;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":312731,"text":"The principal’s spouse, parent, or descendant;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":312732,"text":"An adult who is a brother, sister, niece, or nephew of the principal;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":312733,"text":"A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":312734,"text":"The adult protective services unit of the local department of social services for the county or city where the principal resides or is located;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":312735,"text":"The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":312736,"text":"A person asked to accept the power of attorney.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":312737,"text":"1. Whether or not supplemental relief is sought in the proceeding, where an agent has violated duties of disclosure imposed by \u00a7 64.2-1612, any person to whom such duties are owing may, for the purpose of obtaining information pertinent to the need or propriety of (i) instituting a proceeding under Chapter 20 (\u00a7 64.2-2000 et seq.); (ii) terminating, suspending, or limiting the authority of the agent; or (iii) bringing a proceeding to hold the agent, or a transferee from such agent, liable for breach of duty or to recover particular assets or the value of such assets of a principal or deceased principal, petition a circuit court for discovery from the agent of information and records pertaining to actions taken pursuant to a power of attorney.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"B2"},"11":{"id":312738,"text":"The petition may be filed in the circuit court of the county or city in which the agent resides or has his principal place of employment, or, if a nonresident, in any court in which a determination of incompetency or incapacity of the principal is proper under Chapter 20 (§ 64.2-2000 et seq.), or, if a conservator or guardian has been appointed for the principal, in the court that made the appointment. The court, after reasonable notice to the agent and to the principal, if no guardian or conservator has been appointed, or to the conservator or guardian, if one has been appointed, may conduct a hearing on the petition. The court, upon the hearing on the petition and upon consideration of the interest of the principal and his estate, may dismiss the petition or may enter such order or orders respecting discovery as it may deem appropriate, including an order that the agent respond to all discovery methods that the petitioner might employ in a civil action or suit subject to the Rules of Supreme Court of Virginia. Upon the failure of the agent to make discovery, the court may make and enforce further orders respecting discovery that would be proper in a civil action subject to such Rules and may award expenses, including reasonable attorney fees, as therein provided. Furthermore, upon completion of discovery, the court, if satisfied that prior to filing the petition the petitioner had requested the information or records that are the subject of ordered discovery pursuant to § 64.2-1612, may, upon finding that the failure to comply with the request for information was unreasonable, order the agent to pay the petitioner’s expenses in obtaining discovery, including reasonable attorney fees.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"12":{"id":312739,"text":"A determination to grant or deny in whole or in part discovery sought hereunder shall not be considered a finding regarding the competence, capacity, or impairment of the principal, nor shall the granting or denial of discovery hereunder preclude the availability of other remedies involving protection of the person or estate of the principal or the rights and duties of the agent.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"13":{"id":312740,"text":"The agent may, after reasonable notice to the principal, petition the circuit court for authority to make gifts of the principal’s property to the extent not inconsistent with the express terms of the power of attorney or other writing. The court shall determine the amounts, recipients, and proportions of any gifts of the principal’s property after considering all relevant factors including, without limitation, those contained in subsection C of § 64.2-1638.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"14":{"id":312741,"text":"Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":312742,"text":"In a judicial proceeding under this chapter, if the court finds that the agent breached his fiduciary duty in violation of the provisions of this chapter, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any person who petitions the court for relief under subdivisions A 1 through 8, to be paid by the agent found in violation. This provision applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2019.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1614\/","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 2 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 2012, chapter 614<\/a>; in 2019, chapter 520<\/a>.<\/p>","references":[{"id":59902,"section_number":"64.2-1612","catch_line":"Agent's duties","order_by":null,"url":"\/64.2-1612\/"}],"refers_to":[{"id":59902,"section_number":"64.2-1612","catch_line":"Agent's duties","order_by":null,"url":"\/64.2-1612\/"},{"id":85258,"section_number":"64.2-1621","catch_line":"Remedies under other law","order_by":null,"url":"\/64.2-1621\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"}],"permalink":{"id":275215,"object_type":"law","relational_id":87329,"identifier":"64.2-1614","token":"64.2\/IV\/B\/16\/1\/64.2-1614","url":"\/64.2-1614\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1614\/","token":"64.2\/IV\/B\/16\/1\/64.2-1614","dublin_core":{"Title":"Judicial relief","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1614","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the remedies referenced in \u00a7 64.2-1621<\/a>, the following persons<\/span> may petition<\/span> a court<\/span> to construe<\/span> a power of attorney<\/span> or review the agent<\/span>’s conduct, and grant appropriate relief: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The principal<\/span> or the agent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A guardian, conservator, personal representative<\/span> of the estate of a deceased principal<\/span>, or other fiduciary<\/span> acting for the principal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A person<\/span> authorized to make health care decisions for the principal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The principal<\/span>’s spouse, parent, or descendant; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An adult who is a brother, sister, niece, or nephew of the principal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A person<\/span> named as a beneficiary to receive any property<\/span>, benefit, or contractual right on the principal<\/span>’s death or as a beneficiary of a trust created by or for the principal<\/span> that has a financial interest in the principal<\/span>’s estate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The adult protective services unit of the local department of social services for the county or city where the principal<\/span> resides or is located; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The principal<\/span>’s caregiver or another person<\/span> that demonstrates sufficient interest in the principal<\/span>’s welfare; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A person<\/span> asked to accept the power of attorney<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Whether or not supplemental relief is sought in the proceeding, where an agent<\/span> has violated duties of disclosure imposed by \u00a7 64.2-1612<\/a>, any person<\/span> to whom such duties are owing may, for the purpose of obtaining information pertinent to the need or propriety of (i) instituting a proceeding under Chapter 20 (\u00a7 64.2-2000<\/a> et seq.); (ii) terminating, suspending, or limiting the authority of the agent<\/span>; or (iii) bringing a proceeding to hold the agent<\/span>, or a transferee from such agent<\/span>, liable for breach of duty or to recover particular assets<\/span> or the value<\/span> of such assets<\/span> of a principal<\/span> or deceased principal<\/span>, petition<\/span> a circuit<\/span> court<\/span> for discovery<\/span> from the agent<\/span> of information and records<\/span> pertaining to actions taken pursuant to a power of attorney<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The petition<\/span> may be filed in the circuit<\/span> court<\/span> of the county or city in which the agent<\/span> resides or has his principal<\/span> place of employment, or, if a nonresident, in any court<\/span> in which a determination of incompetency or incapacity<\/span> of the principal<\/span> is proper under Chapter 20 (§ 64.2-2000<\/a> et seq.), or, if a conservator or guardian has been appointed for the principal<\/span>, in the court<\/span> that made the appointment. The court<\/span>, after reasonable notice to the agent<\/span> and to the principal<\/span>, if no guardian or conservator has been appointed, or to the conservator or guardian, if one has been appointed, may conduct a hearing<\/span> on the petition<\/span>. The court<\/span>, upon the hearing<\/span> on the petition<\/span> and upon consideration of the interest of the principal<\/span> and his estate, may dismiss the petition<\/span> or may enter such order<\/span> or orders<\/span> respecting discovery<\/span> as it may deem appropriate, including an order<\/span> that the agent<\/span> respond to all discovery<\/span> methods that the petitioner might employ in a civil action<\/span> or suit subject to the Rules of Supreme Court<\/span> of Virginia. Upon the failure of the agent<\/span> to make discovery<\/span>, the court<\/span> may make and enforce further orders<\/span> respecting discovery<\/span> that would be proper in a civil action<\/span> subject to such Rules and may award expenses, including reasonable attorney fees, as therein provided. Furthermore, upon completion of discovery<\/span>, the court<\/span>, if satisfied that prior to filing the petition<\/span> the petitioner had requested the information or records<\/span> that are the subject of ordered discovery<\/span> pursuant to § 64.2-1612<\/a>, may, upon finding<\/span> that the failure to comply with the request for information was unreasonable, order<\/span> the agent<\/span> to pay the petitioner’s expenses in obtaining discovery<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A determination to grant or deny in whole or in part discovery<\/span> sought hereunder shall not be considered a finding<\/span> regarding the competence, capacity, or impairment of the principal<\/span>, nor shall the granting or denial of discovery<\/span> hereunder preclude the availability of other remedies involving protection of the person<\/span> or estate of the principal<\/span> or the rights and duties of the agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The agent<\/span> may, after reasonable notice to the principal<\/span>, petition<\/span> the circuit<\/span> court<\/span> for authority to make gifts of the principal<\/span>’s property<\/span> to the extent not inconsistent with the express terms of the power of attorney<\/span> or other writing. The court<\/span> shall determine the amounts, recipients, and proportions of any gifts of the principal<\/span>’s property<\/span> after considering all relevant factors including, without limitation, those contained in subsection C of § 64.2-1638<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon motion<\/span> by the principal<\/span>, the court<\/span> shall dismiss a petition<\/span> filed under this section, unless the court<\/span> finds that the principal<\/span> lacks capacity to revoke the agent<\/span>’s authority or the power of attorney<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In a judicial proceeding under this chapter, if the court<\/span> finds that the agent<\/span> breached his fiduciary<\/span> duty in violation of the provisions of this chapter, the court<\/span>, as justice and equity<\/span> may require, may award costs and expenses, including reasonable attorney fees, to any person<\/span> who petitions<\/span> the court<\/span> for relief under subdivisions A 1 through 8, to be paid by the agent<\/span> found in violation. This provision applies to a judicial proceeding concerning a power of attorney<\/span> commenced on or after July 1, 2019. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL RELIEF (\u00a7 64.2-1614)\n\nA. In addition to the remedies referenced in \u00a7 64.2-1621, the following persons\nmay petition a court to construe a power of attorney or review the agent’s\nconduct, and grant appropriate relief:\n\n 1. The principal or the agent;\n\n 2. A guardian, conservator, personal representative of the estate of a\n deceased principal, or other fiduciary acting for the principal;\n\n 3. A person authorized to make health care decisions for the principal;\n\n 4. The principal’s spouse, parent, or descendant;\n\n 5. An adult who is a brother, sister, niece, or nephew of the principal;\n\n 6. A person named as a beneficiary to receive any property, benefit, or\n contractual right on the principal’s death or as a beneficiary of a\n trust created by or for the principal that has a financial interest in the\n principal’s estate;\n\n 7. The adult protective services unit of the local department of social\n services for the county or city where the principal resides or is located;\n\n 8. The principal’s caregiver or another person that demonstrates\n sufficient interest in the principal’s welfare; and\n\n 9. A person asked to accept the power of attorney.\n\nB. 1. Whether or not supplemental relief is sought in the proceeding, where an\nagent has violated duties of disclosure imposed by \u00a7 64.2-1612, any person to\nwhom such duties are owing may, for the purpose of obtaining information\npertinent to the need or propriety of (i) instituting a proceeding under Chapter\n20 (\u00a7 64.2-2000 et seq.); (ii) terminating, suspending, or limiting the\nauthority of the agent; or (iii) bringing a proceeding to hold the agent, or a\ntransferee from such agent, liable for breach of duty or to recover particular\nassets or the value of such assets of a principal or deceased principal,\npetition a circuit court for discovery from the agent of information and records\npertaining to actions taken pursuant to a power of attorney.\n\n 2. The petition may be filed in the circuit court of the county or city in\n which the agent resides or has his principal place of employment, or, if a\n nonresident, in any court in which a determination of incompetency or\n incapacity of the principal is proper under Chapter 20 (§ 64.2-2000 et\n seq.), or, if a conservator or guardian has been appointed for the principal,\n in the court that made the appointment. The court, after reasonable notice to\n the agent and to the principal, if no guardian or conservator has been\n appointed, or to the conservator or guardian, if one has been appointed, may\n conduct a hearing on the petition. The court, upon the hearing on the petition\n and upon consideration of the interest of the principal and his estate, may\n dismiss the petition or may enter such order or orders respecting discovery as\n it may deem appropriate, including an order that the agent respond to all\n discovery methods that the petitioner might employ in a civil action or suit\n subject to the Rules of Supreme Court of Virginia. Upon the failure of the\n agent to make discovery, the court may make and enforce further orders\n respecting discovery that would be proper in a civil action subject to such\n Rules and may award expenses, including reasonable attorney fees, as therein\n provided. Furthermore, upon completion of discovery, the court, if satisfied\n that prior to filing the petition the petitioner had requested the information\n or records that are the subject of ordered discovery pursuant to §\n 64.2-1612, may, upon finding that the failure to comply with the request for\n information was unreasonable, order the agent to pay the petitioner’s\n expenses in obtaining discovery, including reasonable attorney fees.\n\n 3. A determination to grant or deny in whole or in part discovery sought\n hereunder shall not be considered a finding regarding the competence,\n capacity, or impairment of the principal, nor shall the granting or denial of\n discovery hereunder preclude the availability of other remedies involving\n protection of the person or estate of the principal or the rights and duties\n of the agent.\n\nC. The agent may, after reasonable notice to the principal, petition the circuit\ncourt for authority to make gifts of the principal’s property to the\nextent not inconsistent with the express terms of the power of attorney or other\nwriting. The court shall determine the amounts, recipients, and proportions of\nany gifts of the principal’s property after considering all relevant\nfactors including, without limitation, those contained in subsection C of §\n64.2-1638.\n\nD. Upon motion by the principal, the court shall dismiss a petition filed under\nthis section, unless the court finds that the principal lacks capacity to revoke\nthe agent’s authority or the power of attorney.\n\nE. In a judicial proceeding under this chapter, if the court finds that the\nagent breached his fiduciary duty in violation of the provisions of this\nchapter, the court, as justice and equity may require, may award costs and\nexpenses, including reasonable attorney fees, to any person who petitions the\ncourt for relief under subdivisions A 1 through 8, to be paid by the agent found\nin violation. This provision applies to a judicial proceeding concerning a power\nof attorney commenced on or after July 1, 2019.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-87; 2012, c. 614; 2019, c. 520.","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}}