A. A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.
B. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent (i) has the same authority as that granted to the original agent; and (ii) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
C. Except as otherwise provided in the power of attorney and subsection D, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
D. An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
2010, cc. 455, 632, § 26-82; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 16 - Uniform Power of Attorney Act
§ 64.2-1602. Power of attorney is durable
§ 64.2-1603. Execution of power of attorney
§ 64.2-1604. Validity of power of attorney
§ 64.2-1605. Meaning and effect of power of attorney
§ 64.2-1606. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary
§ 64.2-1607. When power of attorney effective
§ 64.2-1608. Termination of power of attorney or agent's authority
§ 64.2-1609. Coagents and successor agents
§ 64.2-1610. Reimbursement and compensation of agent
§ 64.2-1611. Agent's acceptance
§ 64.2-1613. Exoneration of agent
§ 64.2-1615. Agent's liability
§ 64.2-1616. Agent's resignation; notice
§ 64.2-1617. Acceptance of and reliance upon acknowledged power of attorney
§ 64.2-1618. Liability for refusal to accept acknowledged power of attorney
§ 64.2-1619. Principles of law and equity
§ 64.2-1620. Laws applicable to financial institutions and entities
§ 64.2-1621. Remedies under other law
§ 64.2-1622. Authority that requires specific grant; grant of general authority
§ 64.2-1623. Incorporation of authority
§ 64.2-1624. Construction of authority generally
§ 64.2-1626. Tangible personal property
§ 64.2-1628. Commodities and options
§ 64.2-1629. Banks and other financial institutions
§ 64.2-1630. Operation of entity or business
§ 64.2-1631. Insurance and annuities
§ 64.2-1632. Estates, trusts, and other beneficial interests
§ 64.2-1633. Claims and litigation
§ 64.2-1634. Personal and family maintenance
§ 64.2-1635. Benefits from governmental programs or civil or military service
§ 64.2-1639. Agent's certification
§ 64.2-1640. Uniformity of application and construction
§ 64.2-1641. Relation to Electronic Signatures in Global and National Commerce Act