Power of Attorney Acceptance and Refusal Rules in Virginia

At a glance

Requirements one by one

Covered power and first response

For these acceptance sections, an “acknowledged” power is one verified before a notary or another person authorized to take acknowledgments (§ 64.2-1617(A)). After it is presented for acceptance, the recipient generally has seven business days to accept it or request permitted supporting material. It cannot insist on an additional or different power form for authority already granted (§ 64.2-1618(A)(1), (3)).

Verification and later response

The recipient may request a sworn agent certification about factual matters, an English translation when part of the power is in another language, or a legal opinion. For an opinion request, it must give its reason in a writing or other record. A requested translation or counsel opinion for the principal or agent is at the principal's expense; these materials must be in recordable form when the agent's exercise of power requires recording an instrument (§ 64.2-1617(C)–(E)).

After receiving requested material, the recipient generally must accept within five business days. Both statutory periods exclude Saturdays, Sundays, and state or federal holidays (§ 64.2-1618(A)(2), (D)).

Court consequences

An improper refusal can lead to an order mandating acceptance and liability for reasonable attorney fees and costs incurred in an action confirming validity or mandating acceptance (§ 64.2-1618(C)).

What trips people up

Acceptance is subject to the transaction and refusal exceptions: a recipient need not undertake a transaction it would not undertake with the principal, or one from which the principal relieved it. Federal-law conflict, known termination, a refused proof request, good-faith doubts about validity or authority, and a qualifying adult-protective-services report can also excuse acceptance (§ 64.2-1618(B)). Other law applicable to financial institutions or other entities controls if inconsistent with this chapter (§ 64.2-1620).

HB 929 remains pending for the 2027 session. It would change the acknowledgment definition and the forged-signature reliance exception in § 64.2-1617; those changes are not part of the current code.

Common questions

Does good-faith reliance protection cover a forged principal signature? Section 64.2-1617(B) excludes an acknowledged power containing a forged principal signature from that protection. HB 929 proposes to remove this exception, but remains pending.

Can an agent present a copy? Unless another statute says otherwise, a photocopy or electronically transmitted copy of the original has the same effect as the original (§ 64.2-1604(D)).

Statutes and sources

The quoted current Code provisions below were accessed October 3, 2026.

Va. Code § 64.2-1604. “D. 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.” Official statute (accessed October 3, 2026).

Va. Code § 64.2-1617. “A. For purposes of this section and § 64.2-1618, "acknowledged" means verified before a notary public or other individual authorized to take acknowledgments. B. A person that in good faith accepts an acknowledged power of attorney that has been signed in accordance with § 64.2-1603 without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. The preceding sentence shall not apply to an acknowledged power of attorney that contains a forged signature of the principal. C. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation, any or all of the following: 1. An agent's certification under oath of any factual matter concerning the principal, agent, or power of attorney; 2. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and 3. An opinion of the counsel for the principal or the agent, or the opinion of counsel for the person, as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. D. An English translation or an opinion of counsel for the principal or the agent requested under this section shall be provided at the principal's expense. E. An agent's certification, an English translation, or an opinion of counsel shall be in recordable form if the exercise of the power requires recordation of any instrument under the laws of the Commonwealth. F. For purposes of this section and § 64.2-1618, a person that conducts activities through employees and exercises commercially reasonable procedures to communicate information concerning powers of attorney among its employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney has followed such procedures and is nonetheless without actual knowledge of the fact.” Official statute (accessed October 3, 2026).

Va. Code § 64.2-1618. “A. Except as otherwise provided in subsection B: 1. A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 no later than seven business days after presentation of the power of attorney for acceptance; 2. If a person requests a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and 3. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. B. A person is not required to accept an acknowledged power of attorney for a transaction if: 1. The person is not otherwise required to engage in the transaction with the principal in the same circumstances, or the principal has otherwise relieved the person from an obligation to engage in the transaction with an agent representing the principal under a power of attorney; 2. Engaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; 3. The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; 4. A request for a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 is refused; 5. The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subsection C of § 64.2-1617 has been requested or provided; or 6. The person makes, or has actual knowledge that another person has made, a report to the local adult protective services department or adult protective services hotline stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. C. A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: 1. A court order mandating acceptance of the power of attorney; and 2. Liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. D. For purposes of this section, "business day" shall refer to any day other than Saturday, Sunday, or any day designated as a holiday by the Commonwealth or the federal government.” Official statute (accessed October 3, 2026).

Va. Code § 64.2-1620. “This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.” Official statute (accessed October 3, 2026).