James P. Cox III on Virginia's Adoption of the Uniform Power of Attorney Act

James P. Cox III on Virginia's Adoption of the Uniform Power of Attorney Act

The Uniform Power of Attorney Act (UPOAA),  promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL), is intended to provide a cohesive body of law to the law of agency. In this Analysis, James P. Cox III discusses Virginia's recent adoption of the UPOAA. He writes:

     The Uniform Power of Attorney Act (UPOOA), which was adopted by Virginia, effective July 1, 2011, establishes a set of default rules that preserve a principal's ability to choose both the extent of an agent's authority and the rules that govern the agent's conduct. Unless displaced by a provision of the act, the principles of law and equity supplement the act.  ...

     The UPOAA is set forth in four Articles. Article 1 contains general provisions that pertain to creation and use of a power of attorney. While most of these provisions are default rules that can be altered by the power of attorney, certain mandatory provisions in Article I serve as safeguards for the protection of the principal, the agent, and persons who are asked to rely on the agent's authority. ...

     The UPOAA codifies the duties of an agent who has accepted his appointment. The UPOAA retains the provision in existing Virginia law that, except as otherwise provided in the power of attorney, an agent shall, on reasonable request made by certain designated persons ....

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