2006 Code of Virginia § 11-9.2 - Powers of attorney not revoked, prior to their termination date, until actual notice of death or di...

11-9.2. Powers of attorney not revoked, prior to their termination date,until actual notice of death or disability.

(a) No agency created by a power of attorney in writing given by a principalshall be revoked or terminated by the death or disability of the principal asto the agent or other person who, without actual knowledge or actual noticeof the death of the principal, has acted or acts, in good faith, under or inreliance upon such power of attorney or agency, and any action so taken,unless otherwise invalid or unenforceable, shall be binding on the principalor the heirs, devisees, legatees or personal representatives of the principal.

(b) An affidavit, executed by the attorney in fact or agent, setting forththat he has not, or had not, at the time of doing any act pursuant to thepower of attorney, received actual knowledge or actual notice of therevocation or termination of the power of attorney, by death, disability orotherwise, or notice of any facts indicating the same, shall, in the absenceof actual knowledge to the contrary on the part of the person to whom suchrepresentations are made, be conclusive proof of the nonrevocation ornontermination of the power at the time of the representation in an action byor against the person to whom the representation was made. If the exercise ofthe power requires execution and delivery of any instrument which isrecordable under the laws of this Commonwealth, such affidavit whenauthenticated for record in the manner prescribed by law shall likewise berecordable.

(c) This section shall not be construed so as to alter or affect anyprovision for revocation or termination contained in such power of attorney.

(d) Unless a power of attorney provides for a termination date which hasoccurred, the lapse of time since its execution shall not affect its validityor any actions taken thereunder.

(1962, c. 464; 1988, c. 343; 1998, c. 225.)