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1998 SESSION
989147152Be it enacted by the General Assembly of Virginia:
1. That § 11-9.2 of the Code of Virginia is amended and reenacted as follows:
§ 11-9.2. Powers of attorney not revoked, prior to their termination date, until actual notice of death or disability.
(a) No agency created by a power of attorney in writing given by a principal
shall be revoked or terminated by the death or disability of the principal as
to the agent or other person who, without actual knowledge or actual notice of
the death of the principal, has acted or acts, in good faith, under or in
reliance upon such power of attorney or agency, and any action so taken, unless
otherwise invalid or unenforceable, shall be binding on the principal or
his the heirs, devisees, legatees or personal
representatives of the principal.
(b) An affidavit, executed by the attorney in fact or agent, setting forth that
he has not, or had not, at the time of doing any act pursuant to the power of
attorney, received actual knowledge or actual notice of the revocation or
termination of the power of attorney, by death, disability or otherwise, or
notice of any facts indicating the same, shall, in the absence of
fraud knowledge to the contrary on the part of the person
to whom such representations are made, be conclusive proof of the
nonrevocation or nontermination of the power at such the
time of the representation in an action by or against
the person to whom the representation was
made. If the exercise of the power requires execution and delivery of any
instrument which is recordable under the laws of this Commonwealth, such
affidavit when authenticated for record in the manner prescribed by law shall
likewise be recordable.
(c) This section shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney.
(d) Unless a power of attorney provides for a termination date which has occurred, the lapse of time since its execution shall not affect its validity or any actions taken thereunder.