A. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
1. Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
a. The individuals legally entitled to be supported by the principal; and
b. The individuals whom the principal has customarily supported or indicated the intent to support;
2. Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
3. Provide living quarters for the individuals described in subdivision 1 by:
a. Purchase, lease, or other contract; or
b. Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
4. Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subdivision 1;
5. Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision 1;
6. Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of the Commonwealth to consent to health care on behalf of the principal;
7. Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subdivision 1;
8. Maintain credit and debit accounts for the convenience of the individuals described in subdivision 1 and open new accounts; and
9. Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
B. Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
2010, cc. 455, 632, § 26-107; 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