                                 CODE OF VIRGINIA

TERMINATION OF POWER OF ATTORNEY OR AGENT&#8217;S AUTHORITY (§ 64.2-1608)

A. A power of attorney terminates when:

   1. The principal dies;

   2. The principal becomes a vulnerable adult, if the power of attorney is not
   durable;

   3. The principal revokes the power of attorney;

   4. The power of attorney provides that it terminates;

   5. The purpose of the power of attorney is accomplished; or

   6. The principal revokes the agent&#8217;s authority or the agent dies,
   becomes a vulnerable adult, or resigns, and the power of attorney does not
   provide for another agent to act under the power of attorney.

B. An agent&#8217;s authority terminates when:

   1. The principal revokes the authority;

   2. The agent dies, becomes a vulnerable adult, or resigns;

   3. Unless the power of attorney otherwise provides, an action is filed (i) for
   the divorce or annulment of the agent&#8217;s marriage to the principal or
   their legal separation, (ii) by either the agent or principal for separate
   maintenance from the other, or (iii) by either the agent or principal for
   custody or visitation of a child in common with the other;

   4. The agent is convicted of financial exploitation of the principal under
   &#xA7; 18.2-178.2; or

   5. The power of attorney terminates.

C. Unless the power of attorney otherwise provides, an agent&#8217;s authority
is exercisable until the authority terminates under subsection B,
notwithstanding a lapse of time since the execution of the power of attorney.

D. Termination of an agent&#8217;s authority or of a power of attorney is not
effective as to the agent or another person that, without actual knowledge of
the termination, acts in good faith under the power of attorney. An act so
performed, unless otherwise invalid or unenforceable, binds the principal and
the principal&#8217;s successors in interest.

E. Incapacity of the principal of a power of attorney that is not durable does
not revoke or terminate the power of attorney as to an agent or other person
that, without actual knowledge of the incapacity, acts in good faith under the
power of attorney. An act so performed, unless otherwise invalid or
unenforceable, binds the principal and the principal&#8217;s successors in
interest.

F. The execution of a power of attorney does not revoke a power of attorney
previously executed by the principal unless the subsequent power of attorney
provides that the previous power of attorney is revoked or that all other powers
of attorney are revoked.

HISTORY: 2010, cc. 455, 632, § 26-81; 2012, cc. 57, 614; 2022, cc. 397, 654.