                                 CODE OF VIRGINIA

LIMITED ACCESS TO SAFE DEPOSIT BOX UPON INCAPACITY OF LESSEE (§ 6.2-2303)

A. Upon receiving a letter from a licensed physician that in his professional
opinion an individual, who is the sole lessee of a box, is incapable of
receiving and evaluating information effectively or responding to people,
events, or environments to such an extent that the individual lacks the
capacity:

   1. To manage property or financial affairs or provide for his support or for
   the support of his legal dependents without the assistance or protection of
   another, the company may permit access to such box for the limited purpose of
   looking for a power of attorney executed by the lessee that relates to the
   management of his property or financial affairs; or

   2. To meet the essential requirements for his health, care, safety, or
   therapeutic needs without the assistance or protection of another, the company
   may permit access to the box for the limited purpose of looking for an advance
   medical directive executed by the lessee.

B. Such access shall only be granted to the lessee&#8217;s guardian,
conservator, spouse or next of kin or to a person asserting a knowledge or
belief:

   1. If the access is sought pursuant to subdivision A 1, that he is named as an
   agent in a power of attorney believed to be in the box; or

   2. If the access is sought pursuant to subdivision A 2, that he is named as an
   agent in an advance medical directive believed to be in the box.

C. Access to a box shall be under the supervision of a designated officer or
employee of the company, and nothing shall be removed from the box except (i) if
the access is sought pursuant to subdivision A 1, the power of attorney for
transmission to a person named as agent therein or (ii) if the access is sought
pursuant to subdivision A 2, the advance medical directive for transmission to a
person named as agent therein or in the absence of such a person, to the
lessee&#8217;s attending physician to be made a part of the lessee&#8217;s
medical records.

D. If the box is co-leased, the company may permit entry into the box by the
same persons and under the same circumstances and terms as specified above, upon
proof satisfactory to it that the then co-lessees are not reasonably available
for access to the box.

E. The company shall (i) make a photocopy of any document removed from a box
pursuant to this section, (ii) place the copy in the box prior to delivering the
original to any person, and (iii) not be liable except for acting in bad faith
or for permitting the removal of other items from the box.

HISTORY: 1984, c. 446, § 6.1-332.1; 2002, c. 312; 2003, c. 269; 2010, c. 794.