                                 CODE OF VIRGINIA

LIABILITY FOR REFUSAL TO ACCEPT ACKNOWLEDGED POWER OF ATTORNEY (§ 64.2-1618)

A. Except as otherwise provided in subsection B:

   1. 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
   &#xA7; 64.2-1617 no later than seven business days after presentation of the
   power of attorney for acceptance;

   2. If a person requests a certification, a translation, or an opinion of
   counsel under subsection C of &#xA7; 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

   3. A person may not require an additional or different form of power of
   attorney for authority granted in the power of attorney presented.

B. A person is not required to accept an acknowledged power of attorney for a
transaction if:

   1. 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;

   2. Engaging in the transaction with the agent or the principal in the same
   circumstances would be inconsistent with federal law;

   3. The person has actual knowledge of the termination of the agent&#8217;s
   authority or of the power of attorney before exercise of the power;

   4. A request for a certification, a translation, or an opinion of counsel
   under subsection C of &#xA7; 64.2-1617 is refused;

   5. 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
   &#xA7; 64.2-1617 has been requested or provided; or

   6. 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.

C. A person that refuses in violation of this section to accept an acknowledged
power of attorney is subject to:

   1. A court order mandating acceptance of the power of attorney; and

   2. 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.

D. For purposes of this section, &#8220;business day&#8221; shall refer to any
day other than Saturday, Sunday, or any day designated as a holiday by the
Commonwealth or the federal government.

HISTORY: 2010, cc. 455, 632, § 26-91; 2012, c. 614.