Seeking Accounting Information from an Agent under a Power of Attorney: Who Can Request an Accounting from an Agent Under a Power of Attorney Under Virginia Law
Date: October 28, 2025
Statutory Rights to Request an Accounting by an Agent Under a Power of Attorney
Virginia Code Section 64.2-1612(I) provides, in part, that “Except as otherwise provided in the power of attorney, an agent shall, on reasonable request made by a person listed in subdivisions A 3 through A 9 of § 64.2-1614 who has a good faith belief that the principal suffers an incapacity or, if deceased, suffered incapacity at the time the agent acted, disclose to such person the extent to which he has chosen to act and the actions taken on behalf of the principal within the five years prior to either (i) the date of the request or (ii) the date of the death of the principal, if the principal is deceased at the time such request is made, and shall permit reasonable inspection of records pertaining to such actions by such person.”
Importantly, the Code Section provides, in part, that “In all cases where the principal is deceased at the time such request is made, such request shall be made within one year after the date of the death of the principal.”
Once an accounting request is made, the Code Section provides, in part, “If [the request is made], within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.”
Notably, the power of attorney itself may restrict this statutory right to request an accounting. Va. Code § 64.2-1612(I).
In addition to Virginia Code Section 64.2-1612(I), Virginia Code Section 64.2-1612(H) sets forth an additional list of persons entitled to certain accounting information relating to a power of attorney unless otherwise provided for in the power of attorney.
Virginia Code Section 64.2-1612(H) provides “Except as otherwise provided in the power of attorney, an agent shall disclose receipts, disbursements, or transactions conducted on behalf of the principal if requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate.”
Virginia Code Section 64.2-1612(H) further provides, in part, “If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.”
Who Can Make These Statutory Requests?
Virginia Code Section 64.2-1614(A)(3)-(9) sets forth the categories of individuals and entities who may request an accounting or information from an agent acting under a power of attorney pursuant to Virginia Code Section 64.2-1612(I).
Virginia Code Section 64.2-1614(A)(3)-(9) provides as follows:
- A person authorized to make health care decisions for the principal;
- The principal's spouse, parent, or descendant;
- An adult who is a brother, sister, niece, or nephew of the principal;
- A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
- The adult protective services unit of the local department of social services for the county or city where the principal resides or is located;
- The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
- A person asked to accept the power of attorney.
Va. Code § 64.2-1614(A)(3)-(9).
Accordingly, unless the power of attorney document specifically limits these rights, these categories of persons and entities are entitled to request an accounting pursuant to Virginia Code Section 64.2-1612(I).
In addition to Virginia Code Section 64.2-1612(I), Virginia Code Section 64.2-1612(H) requires that the “agent . . . disclose receipts, disbursements, or transactions conducted on behalf of the principal if requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate.” This subsection provides an additional list of persons entitled to certain accounting information pursuant to a power of attorney unless otherwise provided for in the power of attorney.
Key Considerations for Agents Under Powers of Attorney and Interested Parties
It is important to note that the power of attorney document itself may limit or expand these rights. There are also time deadlines involved.
Making a statutory power of attorney accounting request can be a useful tool to try to obtain critical information even before a lawsuit is filed. The failure to comply with these code sections can subject the agent to potential legal liability. If you find yourself dealing with a dispute over a power of attorney, it is critical to consult experienced counsel.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.