State Codes and Statutes

Statutes > Virginia > Title-26 > Chapter-7 > 26-81

§ 26-81. Termination of power of attorney or agent's authority.

A. A power of attorney terminates when:

1. The principal dies;

2. The principal becomes incapacitated, if the power of attorney is notdurable;

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's authority or the agent dies, becomesincapacitated, or resigns, and the power of attorney does not provide foranother agent to act under the power of attorney.

B. An agent's authority terminates when:

1. The principal revokes the authority;

2. The agent dies, becomes incapacitated, or resigns;

3. An action is filed for the divorce or annulment of the agent's marriage tothe principal or their legal separation, unless the power of attorneyotherwise provides; or

4. The power of attorney terminates.

C. Unless the power of attorney otherwise provides, an agent's authority isexercisable 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's authority or of a power of attorney is noteffective as to the agent or another person that, without actual knowledge ofthe termination, acts in good faith under the power of attorney. An act soperformed, unless otherwise invalid or unenforceable, binds the principal andthe principal's successors in interest.

E. Incapacity of the principal of a power of attorney that is not durabledoes not revoke or terminate the power of attorney as to an agent or otherperson that, without actual knowledge of the incapacity, acts in good faithunder the power of attorney. An act so performed, unless otherwise invalid orunenforceable, binds the principal and the principal's successors in interest.

F. The execution of a power of attorney does not revoke a power of attorneypreviously executed by the principal unless the subsequent power of attorneyprovides that the previous power of attorney is revoked or that all otherpowers of attorney are revoked.

(2010, cc. 455, 632.)

State Codes and Statutes

Statutes > Virginia > Title-26 > Chapter-7 > 26-81

§ 26-81. Termination of power of attorney or agent's authority.

A. A power of attorney terminates when:

1. The principal dies;

2. The principal becomes incapacitated, if the power of attorney is notdurable;

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's authority or the agent dies, becomesincapacitated, or resigns, and the power of attorney does not provide foranother agent to act under the power of attorney.

B. An agent's authority terminates when:

1. The principal revokes the authority;

2. The agent dies, becomes incapacitated, or resigns;

3. An action is filed for the divorce or annulment of the agent's marriage tothe principal or their legal separation, unless the power of attorneyotherwise provides; or

4. The power of attorney terminates.

C. Unless the power of attorney otherwise provides, an agent's authority isexercisable 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's authority or of a power of attorney is noteffective as to the agent or another person that, without actual knowledge ofthe termination, acts in good faith under the power of attorney. An act soperformed, unless otherwise invalid or unenforceable, binds the principal andthe principal's successors in interest.

E. Incapacity of the principal of a power of attorney that is not durabledoes not revoke or terminate the power of attorney as to an agent or otherperson that, without actual knowledge of the incapacity, acts in good faithunder the power of attorney. An act so performed, unless otherwise invalid orunenforceable, binds the principal and the principal's successors in interest.

F. The execution of a power of attorney does not revoke a power of attorneypreviously executed by the principal unless the subsequent power of attorneyprovides that the previous power of attorney is revoked or that all otherpowers of attorney are revoked.

(2010, cc. 455, 632.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-26 > Chapter-7 > 26-81

§ 26-81. Termination of power of attorney or agent's authority.

A. A power of attorney terminates when:

1. The principal dies;

2. The principal becomes incapacitated, if the power of attorney is notdurable;

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's authority or the agent dies, becomesincapacitated, or resigns, and the power of attorney does not provide foranother agent to act under the power of attorney.

B. An agent's authority terminates when:

1. The principal revokes the authority;

2. The agent dies, becomes incapacitated, or resigns;

3. An action is filed for the divorce or annulment of the agent's marriage tothe principal or their legal separation, unless the power of attorneyotherwise provides; or

4. The power of attorney terminates.

C. Unless the power of attorney otherwise provides, an agent's authority isexercisable 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's authority or of a power of attorney is noteffective as to the agent or another person that, without actual knowledge ofthe termination, acts in good faith under the power of attorney. An act soperformed, unless otherwise invalid or unenforceable, binds the principal andthe principal's successors in interest.

E. Incapacity of the principal of a power of attorney that is not durabledoes not revoke or terminate the power of attorney as to an agent or otherperson that, without actual knowledge of the incapacity, acts in good faithunder the power of attorney. An act so performed, unless otherwise invalid orunenforceable, binds the principal and the principal's successors in interest.

F. The execution of a power of attorney does not revoke a power of attorneypreviously executed by the principal unless the subsequent power of attorneyprovides that the previous power of attorney is revoked or that all otherpowers of attorney are revoked.

(2010, cc. 455, 632.)