{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1617.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1617.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1617.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1617.html"}],"law_id":61617,"edition_id":1,"section_id":61617,"structure_id":13095,"section_number":"64.2-1617","catch_line":"Acceptance of and reliance upon acknowledged power of attorney","history":"2010, cc. 455, 632, \u00a7 26-90; 2012, c. 614.","full_text":"A\n\nFor purposes of this section and § 64.2-1618, “acknowledged” means verified before a notary public or other individual authorized to take acknowledgments.B\n\nA person that in good faith accepts an acknowledged power of attorney that has been signed in accordance with § 64.2-1603 without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent’s authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. The preceding sentence shall not apply to an acknowledged power of attorney that contains a forged signature of the principal.C\n\nA person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation, any or all of the following:1\n\nAn agent’s certification under oath of any factual matter concerning the principal, agent, or power of attorney;2\n\nAn English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and3\n\nAn opinion of the counsel for the principal or the agent, or the opinion of counsel for the person, as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.D\n\nAn English translation or an opinion of counsel for the principal or the agent requested under this section shall be provided at the principal’s expense.E\n\nAn agent’s certification, an English translation, or an opinion of counsel shall be in recordable form if the exercise of the power requires recordation of any instrument under the laws of the Commonwealth.F\n\nFor purposes of this section and § 64.2-1618, a person that conducts activities through employees and exercises commercially reasonable procedures to communicate information concerning powers of attorney among its employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney has followed such procedures and is nonetheless without actual knowledge of the fact.","order_by":null,"text":{"0":{"id":224955,"text":"For purposes of this section and § 64.2-1618, “acknowledged” means verified before a notary public or other individual authorized to take acknowledgments.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224956,"text":"A person that in good faith accepts an acknowledged power of attorney that has been signed in accordance with § 64.2-1603 without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent’s authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. The preceding sentence shall not apply to an acknowledged power of attorney that contains a forged signature of the principal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224957,"text":"A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation, any or all of the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":224958,"text":"An agent’s certification under oath of any factual matter concerning the principal, agent, or power of attorney;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":224959,"text":"An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":224960,"text":"An opinion of the counsel for the principal or the agent, or the opinion of counsel for the person, as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":224961,"text":"An English translation or an opinion of counsel for the principal or the agent requested under this section shall be provided at the principal’s expense.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":224962,"text":"An agent’s certification, an English translation, or an opinion of counsel shall be in recordable form if the exercise of the power requires recordation of any instrument under the laws of the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":224963,"text":"For purposes of this section and § 64.2-1618, a person that conducts activities through employees and exercises commercially reasonable procedures to communicate information concerning powers of attorney among its employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney has followed such procedures and is nonetheless without actual knowledge of the fact.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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 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acknowledged power of attorney","url":"\/64.2-1618\/","token":"64.2\/IV\/B\/16\/1\/64.2-1618","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1617\/","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":72094,"section_number":"64.2-1618","catch_line":"Liability for refusal to accept acknowledged power of attorney","order_by":null,"url":"\/64.2-1618\/"}],"refers_to":[{"id":58550,"section_number":"64.2-1603","catch_line":"Execution of power of attorney","order_by":null,"url":"\/64.2-1603\/"},{"id":72094,"section_number":"64.2-1618","catch_line":"Liability for refusal to accept acknowledged power of attorney","order_by":null,"url":"\/64.2-1618\/"}],"permalink":{"id":275227,"object_type":"law","relational_id":61617,"identifier":"64.2-1617","token":"64.2\/IV\/B\/16\/1\/64.2-1617","url":"\/64.2-1617\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1617\/","token":"64.2\/IV\/B\/16\/1\/64.2-1617","dublin_core":{"Title":"Acceptance of and reliance upon acknowledged power of attorney","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1617","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section and § 64.2-1618<\/a>, “acknowledged<\/span>” means verified before a notary public or other individual authorized to take acknowledgments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> that in good faith<\/span> accepts an acknowledged<\/span> power of attorney<\/span> that has been signed in accordance with § 64.2-1603<\/a> without actual knowledge that the power of attorney<\/span> is void, invalid, or terminated, that the purported agent<\/span>’s authority is void, invalid, or terminated, or that the agent<\/span> is exceeding or improperly exercising the agent<\/span>’s authority may rely upon the power of attorney<\/span> as if the power of attorney<\/span> were genuine, valid, and still in effect, the agent<\/span>’s authority were genuine, valid, and still in effect, and the agent<\/span> had not exceeded and had properly exercised the authority. The preceding sentence shall not apply to an acknowledged<\/span> power of attorney<\/span> that contains a forged signature of the principal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person<\/span> that is asked to accept an acknowledged<\/span> power of attorney<\/span> may request, and rely upon, without further investigation, any or all of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An agent<\/span>’s certification under oath<\/span> of any factual matter concerning the principal<\/span>, agent<\/span>, or power of attorney<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An English translation of the power of attorney<\/span> if the power of attorney<\/span> contains, in whole or in part, language other than English; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An opinion<\/span> of the counsel<\/span> for the principal<\/span> or the agent<\/span>, or the opinion<\/span> of counsel<\/span> for the person<\/span>, as to any matter of law<\/span> concerning the power of attorney<\/span> if the person<\/span> making the request provides in a writing or other record<\/span> the reason for the request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An English translation or an opinion<\/span> of counsel<\/span> for the principal<\/span> or the agent<\/span> requested under this section shall be provided at the principal<\/span>’s expense. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An agent<\/span>’s certification, an English translation, or an opinion<\/span> of counsel<\/span> shall be in recordable form if the exercise of the power requires recordation of any instrument under the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this section and § 64.2-1618<\/a>, a person<\/span> that conducts activities through employees and exercises commercially reasonable procedures to communicate information concerning powers of attorney among its employees is without actual knowledge of a fact<\/span> relating to a power of attorney<\/span>, a principal<\/span>, or an agent<\/span> if the employee conducting the transaction involving the power of attorney<\/span> has followed such procedures and is nonetheless without actual knowledge of the fact<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCEPTANCE OF AND RELIANCE UPON ACKNOWLEDGED POWER OF ATTORNEY (\u00a7 64.2-1617)\n\nA. For purposes of this section and § 64.2-1618, “acknowledged”\nmeans verified before a notary public or other individual authorized to take\nacknowledgments.\n\nB. A person that in good faith accepts an acknowledged power of attorney that\nhas been signed in accordance with § 64.2-1603 without actual knowledge\nthat the power of attorney is void, invalid, or terminated, that the purported\nagent’s authority is void, invalid, or terminated, or that the agent is\nexceeding or improperly exercising the agent’s authority may rely upon the\npower of attorney as if the power of attorney were genuine, valid, and still in\neffect, the agent’s authority were genuine, valid, and still in effect,\nand the agent had not exceeded and had properly exercised the authority. The\npreceding sentence shall not apply to an acknowledged power of attorney that\ncontains a forged signature of the principal.\n\nC. A person that is asked to accept an acknowledged power of attorney may\nrequest, and rely upon, without further investigation, any or all of the\nfollowing:\n\n 1. An agent’s certification under oath of any factual matter concerning\n the principal, agent, or power of attorney;\n\n 2. An English translation of the power of attorney if the power of attorney\n contains, in whole or in part, language other than English; and\n\n 3. An opinion of the counsel for the principal or the agent, or the opinion of\n counsel for the person, as to any matter of law concerning the power of\n attorney if the person making the request provides in a writing or other\n record the reason for the request.\n\nD. An English translation or an opinion of counsel for the principal or the\nagent requested under this section shall be provided at the principal’s\nexpense.\n\nE. An agent’s certification, an English translation, or an opinion of\ncounsel shall be in recordable form if the exercise of the power requires\nrecordation of any instrument under the laws of the Commonwealth.\n\nF. For purposes of this section and § 64.2-1618, a person that conducts\nactivities through employees and exercises commercially reasonable procedures to\ncommunicate information concerning powers of attorney among its employees is\nwithout actual knowledge of a fact relating to a power of attorney, a principal,\nor an agent if the employee conducting the transaction involving the power of\nattorney has followed such procedures and is nonetheless without actual\nknowledge of the fact.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-90; 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}}