Almost one year ago, we published a blog post highlighting the broad range of individuals who may request records from an agent acting under a power of attorney in Virginia. Recordkeeping remains a core duty of an agent under both the Uniform Power of Attorney Act and the Virginia Uniform Power of Attorney Act (“VPOA”), serving the essential purpose of promoting accountability and proper fiduciary management. A new bill out of the Virginia General Assembly has added another layer of protection.
Under Virginia law, an agent must provide records to the principal (the person making the power of attorney), a guardian, or a court upon request, but as we wrote in our prior blog post, the Virginia Uniform Power of Attorney Act expands this obligation by allowing certain persons, including family members, beneficiaries, and other persons who demonstrate “sufficient interest in the principal’s welfare,” to access those records if they reasonably believe the principal is or was incapacitated. While this framework is intended to protect vulnerable individuals, it broadens the pool of people who may scrutinize an agent’s actions and potentially challenge them. Although principals may limit or eliminate such disclosures through clear language in the power of attorney—and courts have upheld these limitations—doing so should be approached with care.
The Virginia General Assembly has now added additional requirements and defined a process that must be followed to make these limitations valid. On April 8, 2026, Governor Spanberger signed legislation into effect amending the VPOA to establish a formal process by which a principal may relieve an agent of the duty to disclose records. The purpose of this amendment is clear: to help prevent elder abuse and financial exploitation by ensuring that agents remain accountable via their disclosure duties unless the principal explicitly—and knowingly—exempts their agent from the duty to disclose.
Under new Va. Code § 64.2-1612(J), any provision relieving an agent of disclosure obligations is valid only if the principal signs or initials a specific statement, in the presence of a notary, acknowledging that:
The principal understands the effect of the provision; and
The provision reflects the principal’s wishes, even if it may not be in the principal’s best interests in the event of future incapacity.
This is a significant development. The General Assembly has effectively drawn a bright line: limiting an agent’s duty to disclose should not be done casually or buried in boilerplate language. Instead, principals must make a conscious, informed decision—one that recognizes the potential tradeoff between privacy and protection.
The practical impact is substantial. The required acknowledgment language—particularly the statement that the provision applies “regardless of whether such provision is in the principal’s best interests if the principal later becomes incapacitated”—will likely give many individuals pause. We hope too that it will prevent blanket exemptions sometimes included by the casual attorney who merely dabbles in trusts and estates as a practice. The requirement that the provision be specifically signed and notarized will draw more attention to the language, and hopefully prompt discussion on what exactly the principal is giving up, and why. Thus, principals who have legitimate concerns about interference or harassment from certain individuals can still limit disclosure—but only after clearly acknowledging their intent, and the potential consequences of such a limitation.
In this way, the legislation reflects a broader policy choice: prioritizing the protection of vulnerable individuals over administrative convenience or unfettered fiduciary discretion. Given the increasing prevalence of elder financial exploitation—often involving trusted individuals within the family—this shift is timely and reflective of a growing policy need in the Commonwealth.
It is important to note that this new requirement applies only to powers of attorney executed on or after July 1, 2026. Provisions exempting agent disclosure in existing documents will be considered valid despite not having adhered to the new statutory process.
As always, careful drafting is critical. A well-constructed power of attorney should balance transparency, privacy, and protection in a way that reflects your unique family dynamics and planning goals. Schooley Law Firm is here to provide you with thoughtful, individualized planning, while also protecting you, your family, and your future. Contact us today with your estate planning needs.