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1995 SESSION

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HB 1697 Discovery of records of attorneys-in-fact.

Introduced by: William J. Howell | all patrons    ...    notes | add to my profiles

SUMMARY:

Discovery of records of attorneys-in-fact. Establishes procedures whereby interested parties may petition a circuit court for discovery of the records of an attorney-in-fact or other agent under a durable power of attorney pertaining to actions taken within the two years preceding the filing of the petition for a principal believed to be unable to properly attend to his affairs. The court is authorized to remove, suspend or otherwise limit the authority of such agents. Also, any such agent is required, upon reasonable request, to release information with respect to actions taken on behalf of the principal within the two preceding years directly to such interested parties. The court may impose sanctions if it finds that a failure to comply with a request for information was unreasonable.

“Interested person” is defined to include family members and co-agents and co-attorneys-in-fact and, if no such person is reasonably available and willing to act, the local social services board ( adult protective services).

This bill is recommended following a study by the Virginia Bar Association.


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