State Codes and Statutes

Statutes > Virginia > Title-26 > Chapter-7 > 26-77

§ 26-77. Validity of power of attorney.

A. A power of attorney executed in the Commonwealth on or after July 1, 2010,is valid if its execution complies with § 26-76.

B. A power of attorney executed in the Commonwealth before July 1, 2010, isvalid if its execution complied with the law of the Commonwealth as itexisted at the time of execution.

C. A power of attorney executed other than in the Commonwealth is valid inthe Commonwealth if, when the power of attorney was executed, the executioncomplied with: (i) the law of the jurisdiction that determines the meaningand effect of the power of attorney pursuant to § 26-78; (ii) therequirements for a military power of attorney pursuant to 10 U.S.C. § 1044b,as amended; or (iii) the laws of the Commonwealth.

D. Except as otherwise provided by statute other than this act, a photocopyor electronically transmitted copy of an original power of attorney has thesame effect as the original.

E. An agent in possession of a general, special, or limited power of attorneyor other writing vesting any power or authority in him shall, where theinstrument is otherwise valid, be deemed to possess the powers and authoritygranted by such instrument notwithstanding any failure of the principal todeliver the instrument to him, and persons dealing with such agent shall haveno obligation to inquire into the manner or circumstances by which suchpossession was acquired; provided, however, that nothing herein shallpreclude the court from considering such manner or circumstances as relevantfactors in any proceeding brought to terminate, suspend, or limit theauthority of the agent.

(2010, cc. 455, 632.)

State Codes and Statutes

Statutes > Virginia > Title-26 > Chapter-7 > 26-77

§ 26-77. Validity of power of attorney.

A. A power of attorney executed in the Commonwealth on or after July 1, 2010,is valid if its execution complies with § 26-76.

B. A power of attorney executed in the Commonwealth before July 1, 2010, isvalid if its execution complied with the law of the Commonwealth as itexisted at the time of execution.

C. A power of attorney executed other than in the Commonwealth is valid inthe Commonwealth if, when the power of attorney was executed, the executioncomplied with: (i) the law of the jurisdiction that determines the meaningand effect of the power of attorney pursuant to § 26-78; (ii) therequirements for a military power of attorney pursuant to 10 U.S.C. § 1044b,as amended; or (iii) the laws of the Commonwealth.

D. Except as otherwise provided by statute other than this act, a photocopyor electronically transmitted copy of an original power of attorney has thesame effect as the original.

E. An agent in possession of a general, special, or limited power of attorneyor other writing vesting any power or authority in him shall, where theinstrument is otherwise valid, be deemed to possess the powers and authoritygranted by such instrument notwithstanding any failure of the principal todeliver the instrument to him, and persons dealing with such agent shall haveno obligation to inquire into the manner or circumstances by which suchpossession was acquired; provided, however, that nothing herein shallpreclude the court from considering such manner or circumstances as relevantfactors in any proceeding brought to terminate, suspend, or limit theauthority of the agent.

(2010, cc. 455, 632.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-26 > Chapter-7 > 26-77

§ 26-77. Validity of power of attorney.

A. A power of attorney executed in the Commonwealth on or after July 1, 2010,is valid if its execution complies with § 26-76.

B. A power of attorney executed in the Commonwealth before July 1, 2010, isvalid if its execution complied with the law of the Commonwealth as itexisted at the time of execution.

C. A power of attorney executed other than in the Commonwealth is valid inthe Commonwealth if, when the power of attorney was executed, the executioncomplied with: (i) the law of the jurisdiction that determines the meaningand effect of the power of attorney pursuant to § 26-78; (ii) therequirements for a military power of attorney pursuant to 10 U.S.C. § 1044b,as amended; or (iii) the laws of the Commonwealth.

D. Except as otherwise provided by statute other than this act, a photocopyor electronically transmitted copy of an original power of attorney has thesame effect as the original.

E. An agent in possession of a general, special, or limited power of attorneyor other writing vesting any power or authority in him shall, where theinstrument is otherwise valid, be deemed to possess the powers and authoritygranted by such instrument notwithstanding any failure of the principal todeliver the instrument to him, and persons dealing with such agent shall haveno obligation to inquire into the manner or circumstances by which suchpossession was acquired; provided, however, that nothing herein shallpreclude the court from considering such manner or circumstances as relevantfactors in any proceeding brought to terminate, suspend, or limit theauthority of the agent.

(2010, cc. 455, 632.)