HB929 • 2026

Uniform Power of Attorney Act; acknowledged power of attorney, definition.

<p class=ldtitle>A BILL to amend and reenact § 64.2-1617 of the Code of Virginia, relating to Uniform Power of Attorney Act; acknowledged power of attorney; definition.</p>

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Simon
Last action: 2026-03-09
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on how it will affect existing powers of attorney before the new definition takes effect, leaving some uncertainty in this area.

Changing How Power of Attorney Is Verified

This bill amends Virginia's Uniform Power of Attorney Act to redefine 'acknowledged' as meaning a power of attorney has been purportedly verified before a notary public or authorized individual, and it removes restrictions on relying on an acknowledged power of attorney containing a forged signature.

What This Bill Does

Amends the definition of 'acknowledged' in Virginia's Uniform Power of Attorney Act to mean that a power of attorney has been purportedly verified before a notary public or authorized individual.
Eliminates provisions prohibiting reliance on an acknowledged power of attorney containing a forged signature if accepted in good faith.

Who It Names or Affects

People who create, use, or rely on powers of attorney in Virginia.
Businesses and organizations that deal with powers of attorney.

Terms To Know

Power of Attorney: A legal document where one person (the principal) gives another person (the agent) the authority to act on their behalf in certain situations.
Acknowledged: When a power of attorney has been purportedly verified before a notary public or an authorized individual.

Limits and Unknowns

The bill does not provide detailed procedures for businesses and organizations to follow when dealing with acknowledged powers of attorney.
It is unclear how this change will affect existing powers of attorney before the new definition takes effect.

Bill History

2026-03-09 Courts of Justice
Continued to 2027 in Courts of Justice
2026-03-09 Courts of Justice
Continued to 2027 in Courts of Justice (11-Y 3-N)
2026-02-11 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-11 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-10 House
Read third time and passed House Block Vote (98-Y 0-N 0-A)
2026-02-09 House
Read second time and engrossed
2026-02-06 House
Read first time
2026-02-04 Courts of Justice
Reported from Courts of Justice (22-Y 0-N)
2026-01-28 Civil
Subcommittee recommends reporting (8-Y 0-N)
2026-01-26 Civil
Assigned HCJ sub: Civil
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26102177D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Uniform Power of Attorney Act; acknowledged power of attorney; definition.
Amends the definition of "acknowledged" as it relates to a power of attorney under the Uniform Power of Attorney Act to mean purportedly verified before a notary public or other individual authorized to take acknowledgements. Under current law, "acknowledged" as it relates to a power of attorney under the Act means verified before a notary public or other individual authorized to take acknowledgements. The bill further eliminates the provisions of the Act prohibiting a person relying in good faith upon an acknowledged power of attorney that is invalid when such power of attorney contains a forged signature of a principal.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
64.2-1617
of the Code of Virginia, relating to Uniform Power of Attorney Act; acknowledged power of attorney; definition.

Be it enacted by the General Assembly of Virginia:

1. That §
64.2-1617
of the Code of Virginia is amended and reenacted as follows:

§
64.2-1617
. Acceptance of and reliance upon acknowledged power of attorney.

A. For purposes of this section and §
64.2-1618
, "acknowledged" means
purportedly
verified before a notary public or other individual authorized to take acknowledgments.

B. A person that in good faith accepts an acknowledged power of attorney that has been signed in accordance with §
64.2-1603
without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.

The preceding sentence shall not apply to an acknowledged power of attorney that contains a forged signature of the principal.

C. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation, any or all of the following:

1. An agent's certification under oath of any factual matter concerning the principal, agent, or power of attorney;

2. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

3. An opinion of the counsel for the principal or the agent, or the opinion of counsel for the person, as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

D. An English translation or an opinion of counsel for the principal or the agent requested under this section shall be provided at the principal's expense.

E. An agent's certification, an English translation, or an opinion of counsel shall be in recordable form if the exercise of the power requires recordation of any instrument under the laws of the Commonwealth.

F. For purposes of this section and §
64.2-1618
, a person that conducts activities through employees and exercises commercially reasonable procedures to communicate information concerning powers of attorney among its employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney has followed such procedures and is nonetheless without actual knowledge of the fact.