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

Full text:
01/17/95  House: Presented & ordered printed LD4141296  pdf
02/05/95  House: Committee substitute printed LD4222296-H1  pdf
03/03/95  House: Bill text as passed House and Senate (HB1697ER)  pdf
03/22/95  Governor: Acts of Assembly Chapter text (CHAP0369)  pdf

Senate amendments

01/17/95  House: Presented & ordered printed LD4141296
01/17/95  House: Referred to Committee for Courts of Justice
01/20/95  House: Assigned to C. J. sub-committee: 3/4
02/05/95  House: Reported from C. J. with substitute (22-Y 0-N)
02/05/95  House: Committee substitute printed LD4222296-H1
02/05/95  House: Read first time
02/06/95  House: Read second time
02/06/95  House: Committee substitute agreed to LD4222296-H1
02/06/95  House: Engrossed by House - com. sub. LD4222296-H1
02/07/95  House: Read third time and passed House (Block Vote) (99-Y 0-N)
02/07/95  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/95  House: Communicated to Senate
02/08/95  Senate: Read first time
02/08/95  Senate: Referred to Committee for Courts of Justice
02/16/95  Senate: Assigned to C. J. sub-committee: Wills/Trusts/Estates
02/19/95  Senate: Reported from Courts of Justice w/amds. (10-Y 4-N)
02/20/95  Senate: Constitutional reading dispensed (39-Y 0-N)
02/20/95  Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
02/21/95  Senate: Passed by for the day
02/22/95  Senate: Read third time
02/22/95  Senate: Reading of amendments waived
02/22/95  Senate: Committee amendments agreed to
02/22/95  Senate: Engrossed by Senate as amended
02/22/95  Senate: Motion to recommit to committee rejected
02/22/95  Senate: Passed Senate with amendments (30-Y 8-N)
02/22/95  Senate: VOTE: PASSAGE (30-Y 8-N)
02/23/95  House: Placed on Calendar
02/23/95  House: Senate amendments agreed to by House (97-Y 0-N)
02/23/95  House: VOTE: ADOPTION (97-Y 0-N)
03/03/95  House: Bill text as passed House and Senate (HB1697ER)
03/10/95  House: Enrolled
03/10/95  House: Signed by Speaker
03/13/95  Senate: Signed by President
03/18/95  Governor: Approved by Governor-Chapter 369 (effective 7/1/95)
03/22/95  Governor: Acts of Assembly Chapter text (CHAP0369)