{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-1604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-1604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-1604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-1604.html"}],"law_id":375938,"edition_id":2,"section_id":375938,"structure_id":53463,"section_number":"64.2-1604","catch_line":"Validity of power of attorney","history":"2010, cc. 455, 632, \u00a7 26-77; 2012, c. 614.","full_text":"A\n\nA power of attorney executed in the Commonwealth on or after July 1, 2010, is valid if its execution complies with § 64.2-1603.\n\nB\n\nA power of attorney executed in the Commonwealth before July 1, 2010, is valid if its execution complied with the law of the Commonwealth as it existed at the time of execution.\n\nC\n\nA power of attorney executed other than in the Commonwealth is valid in the Commonwealth if, when the power of attorney was executed, the execution complied with (i) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 64.2-1605; (ii) the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended; or (iii) the laws of the Commonwealth.\n\nD\n\nExcept as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.\n\nE\n\nAn agent in possession of a general, special, or limited power of attorney or other writing vesting any power or authority in him shall, where the instrument is otherwise valid, be deemed to possess the powers and authority granted by such instrument notwithstanding any failure of the principal to deliver the instrument to him, and persons dealing with such agent shall have no obligation to inquire into the manner or circumstances by which such possession was acquired, provided, however, that nothing herein shall preclude the court from considering such manner or circumstances as relevant factors in any proceeding brought to terminate, suspend, or limit the authority of the agent.\n\n","order_by":null,"text":{"0":{"id":1403553,"text":"A power of attorney executed in the Commonwealth on or after July 1, 2010, is valid if its execution complies with § 64.2-1603.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1403554,"text":"A power of attorney executed in the Commonwealth before July 1, 2010, is valid if its execution complied with the law of the Commonwealth as it existed at the time of execution.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1403555,"text":"A power of attorney executed other than in the Commonwealth is valid in the Commonwealth if, when the power of attorney was executed, the execution complied with (i) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 64.2-1605; (ii) the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended; or (iii) the laws of the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1403556,"text":"Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1403557,"text":"An agent in possession of a general, special, or limited power of attorney or other writing vesting any power or authority in him shall, where the instrument is otherwise valid, be deemed to possess the powers and authority granted by such instrument notwithstanding any failure of the principal to deliver the instrument to him, and persons dealing with such agent shall have no obligation to inquire into the manner or circumstances by which such possession was acquired, provided, however, that nothing herein shall preclude the court from considering such manner or circumstances as relevant factors in any proceeding brought to terminate, suspend, or limit the authority of the agent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":53463,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":53462,"metadata":{"child_laws":22,"child_structures":0},"date_created":"2026-08-02 03:16:47","date_modified":"2026-08-02 12:37:21","permalink":{"id":1502159,"object_type":"structure","relational_id":53463,"identifier":"1","token":"64.2\/IV\/B\/16\/1","url":"\/64.2\/IV\/B\/16\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53462,"edition_id":2,"name":"Uniform Power of Attorney Act","identifier":"16","label":"chapter","depth":4,"order_by":1,"parent_id":53461,"metadata":{"child_laws":43,"child_structures":4},"date_created":"2026-08-02 03:16:47","date_modified":"2026-08-02 12:37:21","permalink":{"id":1502157,"object_type":"structure","relational_id":53462,"identifier":"16","token":"64.2\/IV\/B\/16","url":"\/64.2\/IV\/B\/16\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53461,"edition_id":2,"name":"Powers of Attorney","identifier":"B","label":"part","depth":3,"order_by":2,"parent_id":53453,"metadata":{"child_laws":43,"child_structures":5},"date_created":"2026-08-02 03:16:47","date_modified":"2026-08-02 12:37:21","permalink":{"id":1502155,"object_type":"structure","relational_id":53461,"identifier":"B","token":"64.2\/IV\/B","url":"\/64.2\/IV\/B\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53453,"edition_id":2,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":53424,"metadata":{"child_laws":215,"child_structures":27},"date_created":"2026-08-02 03:16:39","date_modified":"2026-08-02 12:37:18","permalink":{"id":1501815,"object_type":"structure","relational_id":53453,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":375934,"structure_id":53463,"section_number":"64.2-1600","catch_line":"Definitions","url":"\/64.2-1600\/","token":"64.2\/IV\/B\/16\/1\/64.2-1600","metadata":false},{"id":375935,"structure_id":53463,"section_number":"64.2-1601","catch_line":"Applicability","url":"\/64.2-1601\/","token":"64.2\/IV\/B\/16\/1\/64.2-1601","metadata":false},{"id":375936,"structure_id":53463,"section_number":"64.2-1602","catch_line":"Power of attorney is durable","url":"\/64.2-1602\/","token":"64.2\/IV\/B\/16\/1\/64.2-1602","metadata":false},{"id":375937,"structure_id":53463,"section_number":"64.2-1603","catch_line":"Execution of power of attorney","url":"\/64.2-1603\/","token":"64.2\/IV\/B\/16\/1\/64.2-1603","metadata":false},{"id":375938,"structure_id":53463,"section_number":"64.2-1604","catch_line":"Validity of power of attorney","url":"\/64.2-1604\/","token":"64.2\/IV\/B\/16\/1\/64.2-1604","metadata":false},{"id":375939,"structure_id":53463,"section_number":"64.2-1605","catch_line":"Meaning and effect of power of attorney","url":"\/64.2-1605\/","token":"64.2\/IV\/B\/16\/1\/64.2-1605","metadata":false},{"id":375940,"structure_id":53463,"section_number":"64.2-1606","catch_line":"Nomination of conservator or guardian; relation of agent to court-appointed fiduciary","url":"\/64.2-1606\/","token":"64.2\/IV\/B\/16\/1\/64.2-1606","metadata":false},{"id":375941,"structure_id":53463,"section_number":"64.2-1607","catch_line":"When power of attorney effective","url":"\/64.2-1607\/","token":"64.2\/IV\/B\/16\/1\/64.2-1607","metadata":false},{"id":375942,"structure_id":53463,"section_number":"64.2-1608","catch_line":"Termination of power of attorney or agent's authority","url":"\/64.2-1608\/","token":"64.2\/IV\/B\/16\/1\/64.2-1608","metadata":false},{"id":375943,"structure_id":53463,"section_number":"64.2-1609","catch_line":"Coagents and successor agents","url":"\/64.2-1609\/","token":"64.2\/IV\/B\/16\/1\/64.2-1609","metadata":false},{"id":375944,"structure_id":53463,"section_number":"64.2-1610","catch_line":"Reimbursement and compensation of agent","url":"\/64.2-1610\/","token":"64.2\/IV\/B\/16\/1\/64.2-1610","metadata":false},{"id":375945,"structure_id":53463,"section_number":"64.2-1611","catch_line":"Agent's acceptance","url":"\/64.2-1611\/","token":"64.2\/IV\/B\/16\/1\/64.2-1611","metadata":false},{"id":375946,"structure_id":53463,"section_number":"64.2-1612","catch_line":"Agent's duties","url":"\/64.2-1612\/","token":"64.2\/IV\/B\/16\/1\/64.2-1612","metadata":false},{"id":375947,"structure_id":53463,"section_number":"64.2-1613","catch_line":"Exoneration of agent","url":"\/64.2-1613\/","token":"64.2\/IV\/B\/16\/1\/64.2-1613","metadata":false},{"id":375948,"structure_id":53463,"section_number":"64.2-1614","catch_line":"Judicial relief","url":"\/64.2-1614\/","token":"64.2\/IV\/B\/16\/1\/64.2-1614","metadata":false},{"id":375949,"structure_id":53463,"section_number":"64.2-1615","catch_line":"Agent's liability","url":"\/64.2-1615\/","token":"64.2\/IV\/B\/16\/1\/64.2-1615","metadata":false},{"id":375950,"structure_id":53463,"section_number":"64.2-1616","catch_line":"Agent's resignation; notice","url":"\/64.2-1616\/","token":"64.2\/IV\/B\/16\/1\/64.2-1616","metadata":false},{"id":375951,"structure_id":53463,"section_number":"64.2-1617","catch_line":"Acceptance of and reliance upon acknowledged power of attorney","url":"\/64.2-1617\/","token":"64.2\/IV\/B\/16\/1\/64.2-1617","metadata":false},{"id":375952,"structure_id":53463,"section_number":"64.2-1618","catch_line":"Liability for refusal to accept acknowledged power of attorney","url":"\/64.2-1618\/","token":"64.2\/IV\/B\/16\/1\/64.2-1618","metadata":false},{"id":375953,"structure_id":53463,"section_number":"64.2-1619","catch_line":"Principles of law and equity","url":"\/64.2-1619\/","token":"64.2\/IV\/B\/16\/1\/64.2-1619","metadata":false},{"id":375954,"structure_id":53463,"section_number":"64.2-1620","catch_line":"Laws applicable to financial institutions and entities","url":"\/64.2-1620\/","token":"64.2\/IV\/B\/16\/1\/64.2-1620","metadata":false},{"id":375955,"structure_id":53463,"section_number":"64.2-1621","catch_line":"Remedies under other law","url":"\/64.2-1621\/","token":"64.2\/IV\/B\/16\/1\/64.2-1621","metadata":false}],"previous_section":{"id":375937,"structure_id":53463,"section_number":"64.2-1603","catch_line":"Execution of power of attorney","url":"\/64.2-1603\/","token":"64.2\/IV\/B\/16\/1\/64.2-1603","metadata":false},"next_section":{"id":375939,"structure_id":53463,"section_number":"64.2-1605","catch_line":"Meaning and effect of power of attorney","url":"\/64.2-1605\/","token":"64.2\/IV\/B\/16\/1\/64.2-1605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1604\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapters 455<\/a> and 632<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":375937,"section_number":"64.2-1603","catch_line":"Execution of power of attorney","order_by":null,"url":"\/64.2-1603\/"},{"id":375939,"section_number":"64.2-1605","catch_line":"Meaning and effect of power of attorney","order_by":null,"url":"\/64.2-1605\/"}],"permalink":{"id":1502177,"object_type":"law","relational_id":375938,"identifier":"64.2-1604","token":"64.2\/IV\/B\/16\/1\/64.2-1604","url":"\/64.2-1604\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-1604\/","token":"64.2\/IV\/B\/16\/1\/64.2-1604","dublin_core":{"Title":"Validity of power of attorney","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A power of attorney<\/span> executed in the Commonwealth on or after July 1, 2010, is valid if its execution complies with § 64.2-1603<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A power of attorney<\/span> executed in the Commonwealth before July 1, 2010, is valid if its execution complied with the law<\/span> of the Commonwealth as it existed at the time of execution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A power of attorney<\/span> executed other than in the Commonwealth is valid in the Commonwealth if, when the power of attorney<\/span> was executed, the execution complied with (i) the law<\/span> of the jurisdiction<\/span> that determines the meaning and effect of the power of attorney<\/span> pursuant to § 64.2-1605<\/a>; (ii) the requirements for a military power of attorney<\/span> pursuant to 10 U.S.C. § 1044b, as amended; or (iii) the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as otherwise provided by statute<\/span> other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney<\/span> has the same effect as the original. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An agent<\/span> in possession<\/span> of a general, special, or limited power of attorney<\/span> or other writing vesting any power or authority in him shall, where the instrument is otherwise valid, be deemed to possess the powers and authority granted by such instrument notwithstanding any failure of the principal<\/span> to deliver the instrument to him, and persons<\/span> dealing with such agent<\/span> shall have no obligation to inquire into the manner or circumstances by which such possession<\/span> was acquired, provided, however, that nothing herein shall preclude the court<\/span> from considering such manner or circumstances as relevant factors in any proceeding brought to terminate, suspend, or limit the authority of the agent<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVALIDITY OF POWER OF ATTORNEY (\u00a7 64.2-1604)\n\nA. A power of attorney executed in the Commonwealth on or after July 1, 2010, is\nvalid if its execution complies with § 64.2-1603.\n\nB. A power of attorney executed in the Commonwealth before July 1, 2010, is\nvalid if its execution complied with the law of the Commonwealth as it existed\nat the time of execution.\n\nC. A power of attorney executed other than in the Commonwealth is valid in the\nCommonwealth if, when the power of attorney was executed, the execution complied\nwith (i) the law of the jurisdiction that determines the meaning and effect of\nthe power of attorney pursuant to § 64.2-1605; (ii) the requirements for a\nmilitary power of attorney pursuant to 10 U.S.C. § 1044b, as amended; or\n(iii) the laws of the Commonwealth.\n\nD. Except as otherwise provided by statute other than this chapter, a photocopy\nor electronically transmitted copy of an original power of attorney has the same\neffect as the original.\n\nE. An agent in possession of a general, special, or limited power of attorney or\nother writing vesting any power or authority in him shall, where the instrument\nis otherwise valid, be deemed to possess the powers and authority granted by\nsuch instrument notwithstanding any failure of the principal to deliver the\ninstrument to him, and persons dealing with such agent shall have no obligation\nto inquire into the manner or circumstances by which such possession was\nacquired, provided, however, that nothing herein shall preclude the court from\nconsidering such manner or circumstances as relevant factors in any proceeding\nbrought to terminate, suspend, or limit the authority of the agent.\n\nHISTORY: 2010, cc. 455, 632, \u00a7 26-77; 2012, c. 614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}