                                 CODE OF VIRGINIA

JUDICIAL RELIEF (§ 64.2-1614)

A. In addition to the remedies referenced in § 64.2-1621, the following persons
may petition a court to construe a power of attorney or review the agent&#8217;s
conduct, and grant appropriate relief:

   1. The principal or the agent;

   2. A guardian, conservator, personal representative of the estate of a
   deceased principal, or other fiduciary acting for the principal;

   3. A person authorized to make health care decisions for the principal;

   4. The principal&#8217;s spouse, parent, or descendant;

   5. An adult who is a brother, sister, niece, or nephew of the principal;

   6. A person named as a beneficiary to receive any property, benefit, or
   contractual right on the principal&#8217;s death or as a beneficiary of a
   trust created by or for the principal that has a financial interest in the
   principal&#8217;s estate;

   7. The adult protective services unit of the local department of social
   services for the county or city where the principal resides or is located;

   8. The principal&#8217;s caregiver or another person that demonstrates
   sufficient interest in the principal&#8217;s welfare; and

   9. A person asked to accept the power of attorney.

B. 1. Whether or not supplemental relief is sought in the proceeding, where an
agent has violated duties of disclosure imposed by § 64.2-1612, any person to
whom such duties are owing may, for the purpose of obtaining information
pertinent to the need or propriety of (i) instituting a proceeding under Chapter
20 (§ 64.2-2000 et seq.); (ii) terminating, suspending, or limiting the
authority of the agent; or (iii) bringing a proceeding to hold the agent, or a
transferee from such agent, liable for breach of duty or to recover particular
assets or the value of such assets of a principal or deceased principal,
petition a circuit court for discovery from the agent of information and records
pertaining to actions taken pursuant to a power of attorney.

   2. The petition may be filed in the circuit court of the county or city in
   which the agent resides or has his principal place of employment, or, if a
   nonresident, in any court in which a determination of incompetency or
   incapacity of the principal is proper under Chapter 20 (&#xA7; 64.2-2000 et
   seq.), or, if a conservator or guardian has been appointed for the principal,
   in the court that made the appointment. The court, after reasonable notice to
   the agent and to the principal, if no guardian or conservator has been
   appointed, or to the conservator or guardian, if one has been appointed, may
   conduct a hearing on the petition. The court, upon the hearing on the petition
   and upon consideration of the interest of the principal and his estate, may
   dismiss the petition or may enter such order or orders respecting discovery as
   it may deem appropriate, including an order that the agent respond to all
   discovery methods that the petitioner might employ in a civil action or suit
   subject to the Rules of Supreme Court of Virginia. Upon the failure of the
   agent to make discovery, the court may make and enforce further orders
   respecting discovery that would be proper in a civil action subject to such
   Rules and may award expenses, including reasonable attorney fees, as therein
   provided. Furthermore, upon completion of discovery, the court, if satisfied
   that prior to filing the petition the petitioner had requested the information
   or records that are the subject of ordered discovery pursuant to &#xA7;
   64.2-1612, may, upon finding that the failure to comply with the request for
   information was unreasonable, order the agent to pay the petitioner&#8217;s
   expenses in obtaining discovery, including reasonable attorney fees.

   3. A determination to grant or deny in whole or in part discovery sought
   hereunder shall not be considered a finding regarding the competence,
   capacity, or impairment of the principal, nor shall the granting or denial of
   discovery hereunder preclude the availability of other remedies involving
   protection of the person or estate of the principal or the rights and duties
   of the agent.

C. The agent may, after reasonable notice to the principal, petition the circuit
court for authority to make gifts of the principal&#8217;s property to the
extent not inconsistent with the express terms of the power of attorney or other
writing. The court shall determine the amounts, recipients, and proportions of
any gifts of the principal&#8217;s property after considering all relevant
factors including, without limitation, those contained in subsection C of &#xA7;
64.2-1638.

D. Upon motion by the principal, the court shall dismiss a petition filed under
this section, unless the court finds that the principal lacks capacity to revoke
the agent&#8217;s authority or the power of attorney.

E. In a judicial proceeding under this chapter, if the court finds that the
agent breached his fiduciary duty in violation of the provisions of this
chapter, the court, as justice and equity may require, may award costs and
expenses, including reasonable attorney fees, to any person who petitions the
court for relief under subdivisions A 1 through 8, to be paid by the agent found
in violation. This provision applies to a judicial proceeding concerning a power
of attorney commenced on or after July 1, 2019.

HISTORY: 2010, cc. 455, 632, § 26-87; 2012, c. 614; 2019, c. 520.