A. In addition to the remedies referenced in § 26-94, the following personsmay petition a court to construe a power of attorney or review the agent'sconduct, and grant appropriate relief:
1. The principal or the agent;
2. A guardian, conservator, personal representative of the estate of adeceased principal, or other fiduciary acting for the principal;
3. A person authorized to make health care decisions for the principal;
4. The principal'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, orcontractual right on the principal's death or as a beneficiary of a trustcreated by or for the principal that has a financial interest in theprincipal's estate;
7. The adult protective services unit of the local department of socialservices for the county or city where the principal resides or is located;
8. The principal's caregiver or another person that demonstrates sufficientinterest in the principal'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, wherean agent has violated duties of disclosure imposed by § 26-85, any person towhom such duties are owing may, for the purpose of obtaining informationpertinent to the need or propriety of (i) instituting a proceeding underChapter 10 (§ 37.2-1000 et seq.) of Title 37.2; (ii) terminating, suspending,or limiting the authority of the agent; or (iii) bringing a proceeding tohold the agent, or a transferee from such agent, liable for breach of duty orto recover particular assets or the value of such assets of a principal ordeceased principal, petition a circuit court for discovery from the agent ofinformation and records pertaining to actions taken pursuant to a power ofattorney.
2. The petition may be filed in the circuit court of the county or city inwhich the agent resides or has his principal place of employment, or, if anonresident, in any court in which a determination of incompetency orincapacity of the principal is proper under Chapter 10 (§ 37.2-1000 et seq.)of Title 37.2, or, if a conservator or guardian has been appointed for theprincipal, in the court that made the appointment. The court, afterreasonable notice to the agent and to the principal, if no guardian orconservator has been appointed, or to the conservator or guardian, if one hasbeen appointed, may conduct a hearing on the petition. The court, upon thehearing on the petition and upon consideration of the interest of theprincipal and his estate, may dismiss the petition or may enter such order ororders respecting discovery as it may deem appropriate, including an orderthat the agent respond to all discovery methods that the petitioner mightemploy in a civil action or suit subject to the Rules of the Supreme Court ofVirginia. Upon the failure of the agent to make discovery, the court may makeand enforce further orders respecting discovery that would be proper in acivil action subject to such Rules and may award expenses, includingreasonable attorney fees, as therein provided. Furthermore, upon completionof discovery, the court, if satisfied that prior to filing the petition thepetitioner had requested the information or records that are the subject ofordered discovery pursuant to § 26-85, may, upon finding that the failure tocomply with the request for information was unreasonable, order the agent topay the petitioner's expenses in obtaining discovery, including reasonableattorney fees.
3. A determination to grant or deny in whole or in part discovery soughthereunder shall not be considered a finding regarding the competence,capacity, or impairment of the principal, nor shall the granting or denial ofdiscovery hereunder preclude the availability of other remedies involvingprotection of the person or estate of the principal or the rights and dutiesof the agent.
C. The agent may, after reasonable notice to the principal, petition thecircuit court for authority to make gifts of the principal's property to theextent not inconsistent with the express terms of the power of attorney orother writing. The court shall determine the amounts, recipients, andproportions of any gifts of the principal's property after considering allrelevant factors including, without limitation, those contained in subsectionC of § 26-111.
D. Upon motion by the principal, the court shall dismiss a petition filedunder this section, unless the court finds that the principal lacks capacityto revoke the agent's authority or the power of attorney.
A. In addition to the remedies referenced in § 26-94, the following personsmay petition a court to construe a power of attorney or review the agent'sconduct, and grant appropriate relief:
1. The principal or the agent;
2. A guardian, conservator, personal representative of the estate of adeceased principal, or other fiduciary acting for the principal;
3. A person authorized to make health care decisions for the principal;
4. The principal'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, orcontractual right on the principal's death or as a beneficiary of a trustcreated by or for the principal that has a financial interest in theprincipal's estate;
7. The adult protective services unit of the local department of socialservices for the county or city where the principal resides or is located;
8. The principal's caregiver or another person that demonstrates sufficientinterest in the principal'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, wherean agent has violated duties of disclosure imposed by § 26-85, any person towhom such duties are owing may, for the purpose of obtaining informationpertinent to the need or propriety of (i) instituting a proceeding underChapter 10 (§ 37.2-1000 et seq.) of Title 37.2; (ii) terminating, suspending,or limiting the authority of the agent; or (iii) bringing a proceeding tohold the agent, or a transferee from such agent, liable for breach of duty orto recover particular assets or the value of such assets of a principal ordeceased principal, petition a circuit court for discovery from the agent ofinformation and records pertaining to actions taken pursuant to a power ofattorney.
2. The petition may be filed in the circuit court of the county or city inwhich the agent resides or has his principal place of employment, or, if anonresident, in any court in which a determination of incompetency orincapacity of the principal is proper under Chapter 10 (§ 37.2-1000 et seq.)of Title 37.2, or, if a conservator or guardian has been appointed for theprincipal, in the court that made the appointment. The court, afterreasonable notice to the agent and to the principal, if no guardian orconservator has been appointed, or to the conservator or guardian, if one hasbeen appointed, may conduct a hearing on the petition. The court, upon thehearing on the petition and upon consideration of the interest of theprincipal and his estate, may dismiss the petition or may enter such order ororders respecting discovery as it may deem appropriate, including an orderthat the agent respond to all discovery methods that the petitioner mightemploy in a civil action or suit subject to the Rules of the Supreme Court ofVirginia. Upon the failure of the agent to make discovery, the court may makeand enforce further orders respecting discovery that would be proper in acivil action subject to such Rules and may award expenses, includingreasonable attorney fees, as therein provided. Furthermore, upon completionof discovery, the court, if satisfied that prior to filing the petition thepetitioner had requested the information or records that are the subject ofordered discovery pursuant to § 26-85, may, upon finding that the failure tocomply with the request for information was unreasonable, order the agent topay the petitioner's expenses in obtaining discovery, including reasonableattorney fees.
3. A determination to grant or deny in whole or in part discovery soughthereunder shall not be considered a finding regarding the competence,capacity, or impairment of the principal, nor shall the granting or denial ofdiscovery hereunder preclude the availability of other remedies involvingprotection of the person or estate of the principal or the rights and dutiesof the agent.
C. The agent may, after reasonable notice to the principal, petition thecircuit court for authority to make gifts of the principal's property to theextent not inconsistent with the express terms of the power of attorney orother writing. The court shall determine the amounts, recipients, andproportions of any gifts of the principal's property after considering allrelevant factors including, without limitation, those contained in subsectionC of § 26-111.
D. Upon motion by the principal, the court shall dismiss a petition filedunder this section, unless the court finds that the principal lacks capacityto revoke the agent's authority or the power of attorney.
A. In addition to the remedies referenced in § 26-94, the following personsmay petition a court to construe a power of attorney or review the agent'sconduct, and grant appropriate relief:
1. The principal or the agent;
2. A guardian, conservator, personal representative of the estate of adeceased principal, or other fiduciary acting for the principal;
3. A person authorized to make health care decisions for the principal;
4. The principal'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, orcontractual right on the principal's death or as a beneficiary of a trustcreated by or for the principal that has a financial interest in theprincipal's estate;
7. The adult protective services unit of the local department of socialservices for the county or city where the principal resides or is located;
8. The principal's caregiver or another person that demonstrates sufficientinterest in the principal'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, wherean agent has violated duties of disclosure imposed by § 26-85, any person towhom such duties are owing may, for the purpose of obtaining informationpertinent to the need or propriety of (i) instituting a proceeding underChapter 10 (§ 37.2-1000 et seq.) of Title 37.2; (ii) terminating, suspending,or limiting the authority of the agent; or (iii) bringing a proceeding tohold the agent, or a transferee from such agent, liable for breach of duty orto recover particular assets or the value of such assets of a principal ordeceased principal, petition a circuit court for discovery from the agent ofinformation and records pertaining to actions taken pursuant to a power ofattorney.
2. The petition may be filed in the circuit court of the county or city inwhich the agent resides or has his principal place of employment, or, if anonresident, in any court in which a determination of incompetency orincapacity of the principal is proper under Chapter 10 (§ 37.2-1000 et seq.)of Title 37.2, or, if a conservator or guardian has been appointed for theprincipal, in the court that made the appointment. The court, afterreasonable notice to the agent and to the principal, if no guardian orconservator has been appointed, or to the conservator or guardian, if one hasbeen appointed, may conduct a hearing on the petition. The court, upon thehearing on the petition and upon consideration of the interest of theprincipal and his estate, may dismiss the petition or may enter such order ororders respecting discovery as it may deem appropriate, including an orderthat the agent respond to all discovery methods that the petitioner mightemploy in a civil action or suit subject to the Rules of the Supreme Court ofVirginia. Upon the failure of the agent to make discovery, the court may makeand enforce further orders respecting discovery that would be proper in acivil action subject to such Rules and may award expenses, includingreasonable attorney fees, as therein provided. Furthermore, upon completionof discovery, the court, if satisfied that prior to filing the petition thepetitioner had requested the information or records that are the subject ofordered discovery pursuant to § 26-85, may, upon finding that the failure tocomply with the request for information was unreasonable, order the agent topay the petitioner's expenses in obtaining discovery, including reasonableattorney fees.
3. A determination to grant or deny in whole or in part discovery soughthereunder shall not be considered a finding regarding the competence,capacity, or impairment of the principal, nor shall the granting or denial ofdiscovery hereunder preclude the availability of other remedies involvingprotection of the person or estate of the principal or the rights and dutiesof the agent.
C. The agent may, after reasonable notice to the principal, petition thecircuit court for authority to make gifts of the principal's property to theextent not inconsistent with the express terms of the power of attorney orother writing. The court shall determine the amounts, recipients, andproportions of any gifts of the principal's property after considering allrelevant factors including, without limitation, those contained in subsectionC of § 26-111.
D. Upon motion by the principal, the court shall dismiss a petition filedunder this section, unless the court finds that the principal lacks capacityto revoke the agent's authority or the power of attorney.
