CHAPTER 464

An Act to amend the Code of Virginia by adding a section numbered
55-56.1, providing that powers of attorney are not revoked, prior to
their termination date, until actual notice of death or disability.
Be it enacted by the General Assembly of Virginia: |
1. That the Code of Virginia be amended by adding a section numbere
55-56.1, as follows:

§ 55-56.1. (a) No agency created by a power of attorney in writ
ing given by a principal shall be revoked or terminated by the death o:
disability of the principal as to the agent or other person who, withou
actual knowledge or actual notice of the death of the principal, has actet
or acts, in good faith, under or in reliance upon such power of attorney 0!
agency, and any action so taken, unless otherwise invalid or unenforceable
shall be binding on the principal or his heirs, devisees, legatees or persona
representative 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, be conclusive proof of the nonrevocation or nontermina-
tion of the power at such time. If the exercise of the power requires execu.
tion and delivery of any instrument which is recordable under the laws of
this State, such affidavit when authenticated for record in the manner pre.
scribed 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.