2006 Code of Virginia § 11-9.1 - When power of attorney, etc., not terminated by principal\'s disability; exception

11-9.1. When power of attorney, etc., not terminated by principal'sdisability; exception.

A. Whenever any power of attorney or other writing, in which any principalshall vest any power or authority in an attorney-in-fact or other agent,shall contain the words "This power of attorney (or his authority) shall notterminate on disability of the principal" or other words showing the intentof the principal that such power or authority shall not terminate upon hisdisability, then all power and authority vested in the attorney-in-fact oragent by the power of attorney or other writing shall continue and beexercisable by the attorney-in-fact or agent on behalf of the principalnotwithstanding any subsequent disability, incompetence, or incapacity of theprincipal at law, except as provided in subsection B. All acts done by theattorney-in-fact or agent, pursuant to such power or authority, during theperiod of any such disability, incompetence or incapacity, shall have in allrespects the same effect and shall inure to the benefit of, and bind theprincipal as fully as if the principal were not subject to such disability,incompetence or incapacity. If any conservator, guardian, or committee shallthereafter be appointed for the principal, the attorney-in-fact or agentshall, during the continuance of such appointment, account to suchconservator, guardian, or committee as he would otherwise be obligated toaccount to the principal.

B. The appointment of a conservator, guardian, or committee pursuant to Title37.2 shall not of itself revoke or limit the authority of theattorney-in-fact or other agent. However, in a proceeding in which theattorney-in-fact or other agent is made a party, the court which appointedthe conservator, guardian, or committee may revoke, suspend, or otherwiselimit the authority of the attorney-in-fact or other agent at the request of,and based upon information provided by, the conservator, guardian, committee,or other interested parties for an incapacitated individual. Furthermore,where no conservator, guardian, or committee has been appointed, the circuitcourt of the city or county where the principal resides or is located, in aproceeding brought by a person interested in the welfare of the principal asdefined in 37.2-1018, and in which the attorney-in-fact or other agent andthe principal are made parties, may terminate, suspend, or otherwise limitthe authority of the attorney-in-fact or other agent upon a finding that suchtermination, suspension or limitation is in the best interests of theprincipal or his estate.

(1954, c. 486; 1984, c. 101; 1995, c. 369; 1997, c. 921; 2004, c. 380.)


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