26-80 - When power of attorney effective. - Virginia Statutes

§ 26-80. When power of attorney effective.

A. A power of attorney is effective when executed unless the principalprovides in the power of attorney that it becomes effective at a future dateor upon the occurrence of a future event or contingency.

B. If a power of attorney becomes effective upon the occurrence of a futureevent or contingency, the principal, in the power of attorney, may authorizeone or more persons to determine in a writing or other record that the eventor contingency has occurred.

C. If a power of attorney becomes effective upon the principal's incapacityand the principal has not authorized a person to determine whether theprincipal is incapacitated, or the person authorized is unable or unwillingto make the determination, the power of attorney becomes effective upon adetermination in a writing or other record by: (i) the principal's attendingphysician and a second physician or licensed clinical psychologist afterpersonal examination of the principal that the principal is incapacitatedwithin the meaning of subdivision (1) of the definition of incapacity in §26-73 or (ii) an attorney at law, a judge, or an appropriate governmentalofficial that the principal is incapacitated within the meaning ofsubdivision (1) of the definition of incapacity in § 26-73.

D. A person authorized by the principal in the power of attorney to determinethat the principal is incapacitated may act as the principal's personalrepresentative pursuant to the Health Insurance Portability andAccountability Act, §§ 1171 through 1179 of the Social Security Act, 42U.S.C. § 1320d, as amended, and applicable regulations, to obtain access tothe principal's health care information and communicate with the principal'shealth care provider.

(2010, cc. 455, 632.)