State Codes and Statutes

Statutes > Virginia > Title-6-1 > Chapter-8 > 6-1-332-1

§ 6.1-332.1. (Repealed effective October 1, 2010) Limited access tosafe-deposit box.

A. Upon the death of a sole lessee of a safe-deposit box, the company or bankmay permit limited access to the box by the spouse or next of kin of thedeceased lessee or by a court clerk or other interested person for thelimited purpose of looking for a will or other testamentary instruments.Access shall be under the supervision of a designated officer or employee,and nothing shall be removed from the box except the will or testamentaryinstrument for transmission to the appropriate clerk. If the box isco-leased, the company or bank may permit entry into the box by the spouse ornext of kin or court clerk or other interested person for the purpose oflooking for testamentary instruments and subject to the limitations above,upon proof satisfactory to it that the then co-lessees are not reasonablyavailable for access to the box. The company or bank may require such proofof death as it deems necessary.

B. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a safe-deposit box, isincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to manage property or financial affairs or provide for hissupport or for the support of his legal dependents without the assistance orprotection of another, the company or bank may permit access to such box forthe limited purpose of looking for a power of attorney executed by the lesseethat relates to the management of his property or financial affairs. Suchaccess shall be limited to the lessee's spouse, next of kin, and personsasserting a knowledge or belief that they are named as an agent in such apower of attorney believed to be in the box. Access shall be under thesupervision of a designated officer or employee, and nothing shall be removedfrom the box except the power of attorney for transmission to a person namedas agent therein. If the box is co-leased, the company or bank may permitentry into the box by the same persons and under the same circumstances andterms as specified above, upon proof satisfactory to it that the thenco-lessees are not reasonably available for access to the box.

C. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a safe-deposit box, isincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to meet the essential requirements for his health, care,safety, or therapeutic needs without the assistance or protection of another,the company or bank may permit access to such box for the limited purpose oflooking for an advance medical directive executed by the lessee. Such accessshall be limited to the lessee's guardian, spouse, next of kin, and personsasserting a knowledge or belief that they are named as an agent in an advancemedical directive believed to be in the box. Access shall be under thesupervision of a designated officer or employee, and nothing shall be removedfrom the box except the advance medical directive for transmission to aperson named as agent therein or, in the absence of such a person, to thelessee's attending physician to be made a part of the lessee's medicalrecords. If the box is co-leased, the company or bank may permit entry intothe box by the same persons and under the same circumstances and terms asspecified above, upon proof satisfactory to it that the then co-lessees arenot reasonably available for access to the box.

D. The company or bank shall make a photocopy of any document removed from alessee's box pursuant to this section and place such copy in the box prior todelivering the original to any person, and it shall not be liable except foracting in bad faith or the permitting of the removal of other items from thesafe-deposit box.

(1984, c. 446; 2002, c. 312; 2003, c. 269.)

State Codes and Statutes

Statutes > Virginia > Title-6-1 > Chapter-8 > 6-1-332-1

§ 6.1-332.1. (Repealed effective October 1, 2010) Limited access tosafe-deposit box.

A. Upon the death of a sole lessee of a safe-deposit box, the company or bankmay permit limited access to the box by the spouse or next of kin of thedeceased lessee or by a court clerk or other interested person for thelimited purpose of looking for a will or other testamentary instruments.Access shall be under the supervision of a designated officer or employee,and nothing shall be removed from the box except the will or testamentaryinstrument for transmission to the appropriate clerk. If the box isco-leased, the company or bank may permit entry into the box by the spouse ornext of kin or court clerk or other interested person for the purpose oflooking for testamentary instruments and subject to the limitations above,upon proof satisfactory to it that the then co-lessees are not reasonablyavailable for access to the box. The company or bank may require such proofof death as it deems necessary.

B. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a safe-deposit box, isincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to manage property or financial affairs or provide for hissupport or for the support of his legal dependents without the assistance orprotection of another, the company or bank may permit access to such box forthe limited purpose of looking for a power of attorney executed by the lesseethat relates to the management of his property or financial affairs. Suchaccess shall be limited to the lessee's spouse, next of kin, and personsasserting a knowledge or belief that they are named as an agent in such apower of attorney believed to be in the box. Access shall be under thesupervision of a designated officer or employee, and nothing shall be removedfrom the box except the power of attorney for transmission to a person namedas agent therein. If the box is co-leased, the company or bank may permitentry into the box by the same persons and under the same circumstances andterms as specified above, upon proof satisfactory to it that the thenco-lessees are not reasonably available for access to the box.

C. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a safe-deposit box, isincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to meet the essential requirements for his health, care,safety, or therapeutic needs without the assistance or protection of another,the company or bank may permit access to such box for the limited purpose oflooking for an advance medical directive executed by the lessee. Such accessshall be limited to the lessee's guardian, spouse, next of kin, and personsasserting a knowledge or belief that they are named as an agent in an advancemedical directive believed to be in the box. Access shall be under thesupervision of a designated officer or employee, and nothing shall be removedfrom the box except the advance medical directive for transmission to aperson named as agent therein or, in the absence of such a person, to thelessee's attending physician to be made a part of the lessee's medicalrecords. If the box is co-leased, the company or bank may permit entry intothe box by the same persons and under the same circumstances and terms asspecified above, upon proof satisfactory to it that the then co-lessees arenot reasonably available for access to the box.

D. The company or bank shall make a photocopy of any document removed from alessee's box pursuant to this section and place such copy in the box prior todelivering the original to any person, and it shall not be liable except foracting in bad faith or the permitting of the removal of other items from thesafe-deposit box.

(1984, c. 446; 2002, c. 312; 2003, c. 269.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-6-1 > Chapter-8 > 6-1-332-1

§ 6.1-332.1. (Repealed effective October 1, 2010) Limited access tosafe-deposit box.

A. Upon the death of a sole lessee of a safe-deposit box, the company or bankmay permit limited access to the box by the spouse or next of kin of thedeceased lessee or by a court clerk or other interested person for thelimited purpose of looking for a will or other testamentary instruments.Access shall be under the supervision of a designated officer or employee,and nothing shall be removed from the box except the will or testamentaryinstrument for transmission to the appropriate clerk. If the box isco-leased, the company or bank may permit entry into the box by the spouse ornext of kin or court clerk or other interested person for the purpose oflooking for testamentary instruments and subject to the limitations above,upon proof satisfactory to it that the then co-lessees are not reasonablyavailable for access to the box. The company or bank may require such proofof death as it deems necessary.

B. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a safe-deposit box, isincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to manage property or financial affairs or provide for hissupport or for the support of his legal dependents without the assistance orprotection of another, the company or bank may permit access to such box forthe limited purpose of looking for a power of attorney executed by the lesseethat relates to the management of his property or financial affairs. Suchaccess shall be limited to the lessee's spouse, next of kin, and personsasserting a knowledge or belief that they are named as an agent in such apower of attorney believed to be in the box. Access shall be under thesupervision of a designated officer or employee, and nothing shall be removedfrom the box except the power of attorney for transmission to a person namedas agent therein. If the box is co-leased, the company or bank may permitentry into the box by the same persons and under the same circumstances andterms as specified above, upon proof satisfactory to it that the thenco-lessees are not reasonably available for access to the box.

C. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a safe-deposit box, isincapable of receiving and evaluating information effectively or respondingto people, events, or environments to such an extent that the individuallacks the capacity to meet the essential requirements for his health, care,safety, or therapeutic needs without the assistance or protection of another,the company or bank may permit access to such box for the limited purpose oflooking for an advance medical directive executed by the lessee. Such accessshall be limited to the lessee's guardian, spouse, next of kin, and personsasserting a knowledge or belief that they are named as an agent in an advancemedical directive believed to be in the box. Access shall be under thesupervision of a designated officer or employee, and nothing shall be removedfrom the box except the advance medical directive for transmission to aperson named as agent therein or, in the absence of such a person, to thelessee's attending physician to be made a part of the lessee's medicalrecords. If the box is co-leased, the company or bank may permit entry intothe box by the same persons and under the same circumstances and terms asspecified above, upon proof satisfactory to it that the then co-lessees arenot reasonably available for access to the box.

D. The company or bank shall make a photocopy of any document removed from alessee's box pursuant to this section and place such copy in the box prior todelivering the original to any person, and it shall not be liable except foracting in bad faith or the permitting of the removal of other items from thesafe-deposit box.

(1984, c. 446; 2002, c. 312; 2003, c. 269.)