Virginia Senate Bill SB10

Virginia 2022 Regular Session

• Introduced: 12/8/21
• Refer: 12/8/21

Caption

Power of attorney; termination, conviction of agent for certain offenses.

Impact

The proposed revision is significant as it introduces additional legal clarity on agent behavior and the termination process. It strengthens the legal framework surrounding powers of attorney by ensuring individuals' rights are protected, thus promoting responsible agency. This change could have profound implications for elder law, especially in cases where seniors may be appointed an agent and rely on these legal documents for the management of their affairs and health decisions. The bill's articulation of the termination triggers is also aimed at enhancing accountability among agents.

Summary

SB10 proposes amendments to §64.2-1608 of the Code of Virginia, which deals with the termination of power of attorney and an agent's authority. This bill aims to update the conditions under which a power of attorney can be terminated and clarify the circumstances involving the agent's authority. It establishes specific scenarios, such as the conviction of the agent for offenses against the principal, that would lead to the automatic termination of the power of attorney. This change is designed to protect individuals, especially those who may be vulnerable and as a safeguard against potential abuse of authority by agents.

Contention

One notable point of contention around SB10 may involve the implications it poses for individuals appointed as agents under powers of attorney. Critics could argue that the bill might place undue strain on agents who are family members or close friends, potentially leading to more disputes and complicated situations in matters of personal care. Moreover, there is potential concern over the procedural difficulties that could arise, particularly in proving certain criminal convictions that would trigger automatic termination, which could create legal challenges in implementation.