Code of Virginia

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Code of Virginia
Title 64.2. Wills, Trusts, and Fiduciaries
Chapter 1. Definitions and General Provisions
10/27/2021

§ 64.2-123. Disclosure of content of electronic communications of principal.

To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

1. A written request for disclosure in physical or electronic form;

2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

3. A certification by the agent that the power of attorney is in effect; and

4. If requested by the custodian:

a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

b. Evidence linking the account to the principal.

2017, cc. 33, 80.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.