VirginiaHB5102026 Regular SessionHouse

Uniform Power of Attorney Act; agent's duty of disclosure, execution of initial power of attorney.

Sponsored By: John Chilton McAuliff (Democratic)

Became Law

Summary

Uniform Power of Attorney Act; agent's duty of disclosure. Creates a process by which the principal of a power of attorney may relieve an agent of such power of attorney from the agent's required duties of disclosure for powers of attorney created on or after July 1, 2026.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

30-day record access from power of attorney agents

On request, the agent must disclose receipts, spending, and transactions to the principal or an authorized fiduciary. The agent must respond within 30 days, or give a written reason and respond within another 30 days. People listed in Virginia Code § 64.2-1614(A)(3)–(9) who in good faith believe the principal is or was incapacitated may request records. They can see what the agent did in the last five years and may inspect records. If the principal is deceased, the request must be made within one year of death. A power of attorney can waive these duties only if the principal signs or initials a clear statement of understanding and wishes. If added after the first document, the principal must acknowledge the signature before a notary or authorized official. These enhanced disclosure rights and the waiver rules apply to powers created on or after July 1, 2026.

Stronger duties for power of attorney agents

Agents who accept appointment must follow the principal’s known wishes or, if unknown, act in the principal’s best interest. They must act in good faith and stay within the authority the document gives. They must be loyal, avoid conflicts that impair fairness, and use care, skill, and diligence. They must keep records of all money received, spent, and transactions made. They must work with the health-care decision maker to carry out the principal’s wishes. If the estate plan is known, they should try to preserve it when that serves the principal’s best interest. They should consider property value, foreseeable bills and care needs, taxes, and eligibility for benefits.

Liability rules for power of attorney agents

An agent acting in good faith is not liable to estate beneficiaries for failing to preserve the estate plan. If the agent used care and acted for the principal’s best interest, personal gain alone does not create liability. When chosen for special skills, the agent is held to that higher level of skill. An agent is not liable for a drop in asset value unless a duty was breached. If the agent hires or delegates to someone else, the agent is not liable for that person’s mistakes if carefully selected and monitored. These rules do not change duties under the Uniform Prudent Investor Act.

Sponsors & Cosponsors

Sponsor

  • John Chilton McAuliff

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 1

Senate vote 3/10/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote 2/3/2026

Read third time and passed House

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice with amendment(s)

Yes: 20 • No: 0

House vote 1/26/2026

Subcommittee recommends reporting with amendment(s)

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0398)

    4/8/2026Governor
  2. Approved by Governor-Chapter 398 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB510ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  10. Read third time

    3/10/2026Senate
  11. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  12. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  13. Passed by for the day

    3/9/2026Senate
  14. Reported from Courts of Justice (14-Y 0-N)

    3/5/2026Senate
  15. Referred to Committee for Courts of Justice

    2/4/2026Senate
  16. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  17. Read third time and passed House (98-Y 0-N 0-A)

    2/3/2026House
  18. Moved from Uncontested Calendar to Regular Calendar

    2/3/2026House
  19. Engrossed by House as amended

    2/2/2026House
  20. committee amendment agreed to

    2/2/2026House
  21. Read second time

    2/2/2026House
  22. Read first time

    1/30/2026House
  23. Reported from Courts of Justice with amendment(s) (20-Y 0-N)

    1/28/2026House
  24. Subcommittee recommends reporting with amendment(s) (9-Y 1-N)

    1/26/2026House
  25. Assigned HCJ sub: Civil

    1/22/2026House

Bill Text

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