                                 CODE OF VIRGINIA

WHEN POWER OF ATTORNEY EFFECTIVE (§ 64.2-1607)

A. A power of attorney is effective when executed unless the principal provides
in the power of attorney that it becomes effective at a future date or upon the
occurrence of a future event or contingency.

B. If a power of attorney becomes effective upon the occurrence of a future
event or contingency, the principal, in the power of attorney, may authorize one
or more persons to determine in a writing or other record that the event or
contingency has occurred.

C. If a power of attorney becomes effective upon the principal&#8217;s
incapacity and the principal has not authorized a person to determine whether
the principal is incapacitated, or the person authorized is unable or unwilling
to make the determination, the power of attorney becomes effective upon a
determination in a writing or other record by (i) the principal&#8217;s
attending physician and a second physician or licensed clinical psychologist
after personal examination of the principal that the principal is incapacitated
within the meaning of subdivision 1 of the definition of incapacity in &#xA7;
64.2-1600 or (ii) an attorney-at-law, a judge, or an appropriate governmental
official that the principal is incapacitated within the meaning of subdivision 1
of the definition of incapacity in &#xA7; 64.2-1600.

D. A person authorized by the principal in the power of attorney to determine
that the principal is incapacitated may act as the principal&#8217;s personal
representative pursuant to the Health Insurance Portability and Accountability
Act, &#xA7;&#xA7; 1171 through 1179 of the Social Security Act, 42 U.S.C. &#xA7;
1320d, as amended, and applicable regulations, to obtain access to the
principal&#8217;s health care information and communicate with the
principal&#8217;s health care provider.

HISTORY: 2010, cc. 455, 632, § 26-80; 2012, c. 614.