All Roll Calls
Yes: 221 • No: 1
Sponsored By: John Chilton McAuliff (Democratic)
Became Law
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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3 provisions identified: 2 benefits, 0 costs, 1 mixed.
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.
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.
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.
John Chilton McAuliff
Democratic • House
There are no cosponsors for this bill.
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
Acts of Assembly Chapter text (CHAP0398)
Approved by Governor-Chapter 398 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 31, 2026
Signed by Speaker
Bill text as passed House and Senate (HB510ER)
Enrolled
Signed by President
Passed Senate Block Vote (40-Y 0-N 0-A)
Read third time
Passed by for the day Block Vote (Voice Vote)
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
Passed by for the day
Reported from Courts of Justice (14-Y 0-N)
Referred to Committee for Courts of Justice
Constitutional reading dispensed (on 1st reading)
Read third time and passed House (98-Y 0-N 0-A)
Moved from Uncontested Calendar to Regular Calendar
Engrossed by House as amended
committee amendment agreed to
Read second time
Read first time
Reported from Courts of Justice with amendment(s) (20-Y 0-N)
Subcommittee recommends reporting with amendment(s) (9-Y 1-N)
Assigned HCJ sub: Civil
Chaptered
4/8/2026
Enrolled
3/30/2026
Engrossed
2/2/2026
Amendment
1/29/2026
Introduced
1/12/2026
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