Misuse of power of attorney; financial exploitation of incapacitated adults by an agent, penalty.
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SB 124 — Misuse of power of attorney; financial exploitation of incapacitated adults by an agent, penalty.
Last action — Approved by Governor-Chapter 654 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Misuse of power of attorney; financial exploitation; incapacitated adults; penalty. Makes it a Class 1 misdemeanor for an agent under a power of attorney to knowingly or intentionally engage in financial exploitation of an incapacitated adult who is the principal of that agent. The bill also provides that the agent's authority terminates upon such conviction. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. This bill incorporates SB 10 and SB 690 and is identical to HB 497.
Bill Text
What changed in the latest version
63 added · 59 removedPlain-language change summary
The amendment introduces a new definition of "financial exploitation," specifying it as the illegal, unauthorized, or fraudulent use, or deprivation of use, of an incapacitated adult's property intended to benefit someone other than the incapacitated adult. This change highlights the intention behind the exploitation, which is essential for legal clarity. Additionally, the revised text maintains a penalty for agents who knowingly exploit this financial authority, categorizing it as a Class 1 misdemeanor. This establishes clear legal consequences for such actions involving powers of attorney.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E654 An Act to amend and reenact §§ 64.2-1608 and 64.2-1621 of the Code of Virginia and to amend theNthe financialCode exploitationof Virginia by anadding agent;a section numbered 18.2-178.2, relating to misuse of power of attorney;
penalty.dfinancial 18.2-178.2,exploitation relatingby toan misuseagent; of power of attRrney;
Openalty. [S 124] L Approved L Be it enacted by the General Assembly of Virginia:
E[S 1.124] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
That1. §§ 64.2-1608 and 64.2-1621 of the Code of Virginia are amended and reenacted and that D the§ 18.2-178.2.
That §§ 64.2-1608 and 64.2-1621 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-178.2 as follows:
§ 18.2-178.2.
penalty.18.2-178.2penalty. as follows:
"Financial exploitation" means the illegal, unauthorized, or fraudulent use, or deprivation of use, of the property of an incapacitated adult with the intention of benefiting someone other than the of use, of incapacitated adult.
B "Power of attorney" means a writing or other record that grants authority to an agent to act2inact in the pla"Principal"place meansof anthe individualprincipal, whowhether grantsor authoritynot tothe anterm agent"power inof aattorney" poweris ofused. attorney.
E"Principal" "Record" means informationan thatindividual iswho inscribedgrants onauthority ato tangiblean mediumagent or that is stored in ana electronicpower orof otherattorney. medium and is retrievable in perceivable form.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any§any 64.2-1608.penalties provided for thereby.
§ 64.2-1608.
The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, andB.and the power of attorney does not provide for another agent to act under the power of attorney.
AnB. agent's authority terminates when:for another agent to act under the power of attorney.
An agent's authority terminates when:
or C.5.
The power of attorney terminates.
C.
Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney.
An act so performed, unless otherwise invalid oracity,or unenforceable, binds the principal and the principal's successors in interest.
of 2 F.
The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is of 2 revoked or that all other powers of attorney are revoked.
View plain text versions (4)
- CHAP0654 View text Current pdf April 11, 2022
- SB124ER View text pdf February 28, 2022
- Committee Substitute Committee substitute printed 22105064D-S1 pdf January 26, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100334D pdf January 07, 2022
Action History
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Approved by Governor-Chapter 654 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB124ER)
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from Courts of Justice (20-Y 0-N)
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB124S1)
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Passed Senate (40-Y 0-N)
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Reconsideration of passage agreed to by Senate (40-Y 0-N)
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Read third time and passed Senate (39-Y 0-N)
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Engrossed by Senate - committee substitute SB124S1
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Committee substitute agreed to 22105064D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Incorporates SB690 (Mason)
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Incorporates SB10 (Hackworth)
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Committee substitute printed 22105064D-S1
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Reported from Judiciary with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB124)
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/12/22 22100334D
Sponsors
- Mark D. Obenshain · Primary
- Scott A. Surovell · Cosponsor
- T. Travis Hackworth · Cosponsor
- T. Montgomery "Monty" Mason · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on
Sponsors (1)
Co-sponsors (3)
Not signed on (144)
144 members have not signed on to this bill.
Show all 144 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 124 do?
- Misuse of power of attorney; financial exploitation; incapacitated adults; penalty. Makes it a Class 1 misdemeanor for an agent under a power of attorney to knowingly or intentionally engage in financial exploitation of an incapacitated adult who is the principal of that agent. The bill also provides that the agent's authority terminates upon such conviction. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. This bill incorporates SB 10 and SB 690 and is identical to HB 497.
- Who sponsors SB 124?
- SB 124 is sponsored by Mark D. Obenshain, Scott A. Surovell, T. Travis Hackworth, and Mason, T. Montgomery "Monty".
- What is the current status of SB 124?
- This bill has been enacted into law. Introduced January 07, 2022. Enacted.
- Where can I track SB 124?
- Track SB 124 free on One Click Politics — get push/email alerts when it moves.
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