{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1618.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1618.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1618.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1618.html"}],"law_id":72094,"edition_id":1,"section_id":72094,"structure_id":13095,"section_number":"64.2-1618","catch_line":"Liability for refusal to accept acknowledged power of attorney","history":"2010, cc. 455, 632, \u00a7 26-91; 2012, c. 614.","full_text":"A\n\nExcept as otherwise provided in subsection B:1\n\nA person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 no later than seven business days after presentation of the power of attorney for acceptance;2\n\nIf a person requests a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and3\n\nA person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.B\n\nA person is not required to accept an acknowledged power of attorney for a transaction if:1\n\nThe person is not otherwise required to engage in the transaction with the principal in the same circumstances, or the principal has otherwise relieved the person from an obligation to engage in the transaction with an agent representing the principal under a power of attorney;2\n\nEngaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;3\n\nThe person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;4\n\nA request for a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 is refused;5\n\nThe person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 has been requested or provided; or6\n\nThe person makes, or has actual knowledge that another person has made, a report to the local adult protective services department or adult protective services hotline stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.C\n\nA person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:1\n\nA court order mandating acceptance of the power of attorney; and2\n\nLiability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.D\n\nFor purposes of this section, “business day” shall refer to any day other than Saturday, Sunday, or any day designated as a holiday by the Commonwealth or the federal government.","order_by":null,"text":{"0":{"id":259766,"text":"Except as otherwise provided in subsection B:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":259767,"text":"A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 no later than seven business days after presentation of the power of attorney for acceptance;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":259768,"text":"If a person requests a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":259769,"text":"A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":259770,"text":"A person is not required to accept an acknowledged power of attorney for a transaction if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":259771,"text":"The person is not otherwise required to engage in the transaction with the principal in the same circumstances, or the principal has otherwise relieved the person from an obligation to engage in the transaction with an agent representing the principal under a power of attorney;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":259772,"text":"Engaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":259773,"text":"The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":259774,"text":"A request for a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 is refused;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":259775,"text":"The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 has been requested or provided; or","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"10":{"id":259776,"text":"The person makes, or has actual knowledge that another person has made, a report to the local adult protective services department or adult protective services hotline stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"11":{"id":259777,"text":"A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"C1"},"12":{"id":259778,"text":"A court order mandating acceptance of the power of attorney; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"13":{"id":259779,"text":"Liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"14":{"id":259780,"text":"For purposes of this section, “business day” shall refer to any day other than Saturday, Sunday, or any day designated as a holiday by the Commonwealth or the federal government.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"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":61617,"section_number":"64.2-1617","catch_line":"Acceptance of and reliance upon acknowledged power of attorney","order_by":null,"url":"\/64.2-1617\/"}],"refers_to":[{"id":61617,"section_number":"64.2-1617","catch_line":"Acceptance of and reliance upon acknowledged power of attorney","order_by":null,"url":"\/64.2-1617\/"}],"permalink":{"id":275231,"object_type":"law","relational_id":72094,"identifier":"64.2-1618","token":"64.2\/IV\/B\/16\/1\/64.2-1618","url":"\/64.2-1618\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1618\/","token":"64.2\/IV\/B\/16\/1\/64.2-1618","dublin_core":{"Title":"Liability for refusal to accept acknowledged power of attorney","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1618","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection B: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A person<\/span> shall either accept an acknowledged power of attorney<\/span> or request a certification, a translation, or an opinion<\/span> of counsel<\/span> under subsection C of § 64.2-1617<\/a> no later than seven business days after presentation of the power of attorney<\/span> for acceptance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a person<\/span> requests a certification, a translation, or an opinion<\/span> of counsel<\/span> under subsection C of § 64.2-1617<\/a>, the person<\/span> shall accept the power of attorney<\/span> no later than five business days after receipt of the certification, translation, or opinion<\/span> of counsel<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A person<\/span> may not require an additional or different form of power of attorney<\/span> for authority granted in the power of attorney<\/span> presented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> is not required to accept an acknowledged power of attorney<\/span> for a transaction if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person<\/span> is not otherwise required to engage in the transaction with the principal<\/span> in the same circumstances, or the principal<\/span> has otherwise relieved the person<\/span> from an obligation to engage in the transaction with an agent<\/span> representing the principal<\/span> under a power of attorney<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Engaging in the transaction with the agent<\/span> or the principal<\/span> in the same circumstances would be inconsistent with federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The person<\/span> has actual knowledge of the termination of the agent<\/span>’s authority or of the power of attorney<\/span> before exercise of the power; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A request for a certification, a translation, or an opinion<\/span> of counsel<\/span> under subsection C of § 64.2-1617<\/a> is refused; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The person<\/span> in good faith<\/span> believes that the power is not valid or that the agent<\/span> does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion<\/span> of counsel<\/span> under subsection C of § 64.2-1617<\/a> has been requested or provided; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The person<\/span> makes, or has actual knowledge that another person<\/span> has made, a report to the local adult protective services department or adult protective services hotline stating a good faith<\/span> belief that the principal<\/span> may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent<\/span> or a person<\/span> acting for or with the agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person<\/span> that refuses in violation of this section to accept an acknowledged power of attorney<\/span> is subject to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A court order<\/span> mandating acceptance of the power of attorney<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney<\/span> or mandates<\/span> acceptance of the power of attorney<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of this section, “business day” shall refer to any day other than Saturday, Sunday, or any day designated as a holiday by the Commonwealth or the federal government. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR REFUSAL TO ACCEPT ACKNOWLEDGED POWER OF ATTORNEY (\u00a7 64.2-1618)\n\nA. Except as otherwise provided in subsection B:\n\n 1. A person shall either accept an acknowledged power of attorney or request a\n certification, a translation, or an opinion of counsel under subsection C of\n § 64.2-1617 no later than seven business days after presentation of the\n power of attorney for acceptance;\n\n 2. If a person requests a certification, a translation, or an opinion of\n counsel under subsection C of § 64.2-1617, the person shall accept the\n power of attorney no later than five business days after receipt of the\n certification, translation, or opinion of counsel; and\n\n 3. A person may not require an additional or different form of power of\n attorney for authority granted in the power of attorney presented.\n\nB. A person is not required to accept an acknowledged power of attorney for a\ntransaction if:\n\n 1. The person is not otherwise required to engage in the transaction with the\n principal in the same circumstances, or the principal has otherwise relieved\n the person from an obligation to engage in the transaction with an agent\n representing the principal under a power of attorney;\n\n 2. Engaging in the transaction with the agent or the principal in the same\n circumstances would be inconsistent with federal law;\n\n 3. The person has actual knowledge of the termination of the agent’s\n authority or of the power of attorney before exercise of the power;\n\n 4. A request for a certification, a translation, or an opinion of counsel\n under subsection C of § 64.2-1617 is refused;\n\n 5. The person in good faith believes that the power is not valid or that the\n agent does not have the authority to perform the act requested, whether or not\n a certification, a translation, or an opinion of counsel under subsection C of\n § 64.2-1617 has been requested or provided; or\n\n 6. The person makes, or has actual knowledge that another person has made, a\n report to the local adult protective services department or adult protective\n services hotline stating a good faith belief that the principal may be subject\n to physical or financial abuse, neglect, exploitation, or abandonment by the\n agent or a person acting for or with the agent.\n\nC. A person that refuses in violation of this section to accept an acknowledged\npower of attorney is subject to:\n\n 1. A court order mandating acceptance of the power of attorney; and\n\n 2. Liability for reasonable attorney fees and costs incurred in any action or\n proceeding that confirms the validity of the power of attorney or mandates\n acceptance of the power of attorney.\n\nD. For purposes of this section, “business day” shall refer to any\nday other than Saturday, Sunday, or any day designated as a holiday by the\nCommonwealth or the federal government.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-91; 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}}