Sponsors: Neville A. James Subject: An Act amending title 15 Virgin Islands Code to provide for a Uniform Statutory Form Power of Attorney Committee: RULJUD

1. COMMITTEE ON RULES AND JUDICIARY
BILL NO. 28-0086
Twenty-Eighth Legislature of the Virgin Islands
July 6, 2009
An Act amending title 15 Virgin Islands Code to provide for a Uniform Statutory Form
power of Attorney
PROPOSED BY: Senator Neville A. James
1 Be it enacted by the Legislature of the Virgin Islands:
2 SECTION 1. Title 12 Virgin Islands Code is amended by adding Article V Part 7 to
3 read as follows:
4 §5-701. STATUTORY FORM POWER OF ATTORNEY. A document
5 substantially in the following form may be used to create a statutory form power of attorney
6 that has the meaning and effect prescribed by this article.
7 VIRGIN ISLANDS
8 STATUTORY FORM POWER OF ATTORNEY
9 IMPORTANT INFORMATION

2. 2
1 This power of attorney authorizes another person, your agent, to make decisions
2 concerning your property for you, the principal. Your agent will be able to make decisions
3 and act with respect to your property, including your money, whether or not you are able to
4 act for yourself. The meaning of authority over subjects listed on this form is explained in
5 the Uniform Power of Attorney Act, parts 5 and 6 of this article.
6 This power of attorney does not authorize the agent to make health-care decisions for
7 you.
8 You should select someone you trust to serve as your agent. Unless you specify
9 otherwise, generally the agent’s authority will continue until you die or revoke the power of
10 attorney or the agent resigns or is unable to act for you.
11 Your agent is entitled to reasonable compensation unless you state otherwise in the
12 Special Instructions.
13 This form provides for designation of one agent. If you wish to name more than one
14 agent you may name a coagent in the Special Instructions. Coagents are not required to act
15 together unless you include that requirement in the Special Instructions.
16 If your agent is unable or unwilling to act for you, your power of attorney will end
17 unless you have named a successor agent. You may also name a second successor agent.
18 This power of attorney becomes effective immediately unless you state otherwise in
19 the Special Instructions.
20 If you have questions about the power of attorney or the authority you are
21 granting to your agent, you should seek legal advice before signing this form.
22 DESIGNATION OF AGENT
23 I ____________________________________________________________ name
24 (Name of Principal)

3. 3
1 Following person as my agent:
2 Name of Agent:____________________________________________________________
3 Agent’s Address:___________________________________________________________
4 Agent’s TelephoneNumber:___________________________________________________
5 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
6 If my agent is unable or unwilling to act for me, I name as my successor agent:
7 Name of Successor Agent:_____________________________________________
8 Successor Agent’s Address: ___________________________________________
9 Successor Agent’s Telephone Number:____________________________________
10 If my successor agent is unable or unwilling to act for me, I name as my second
11 successor agent:
12 Name of Second Successor Agent: _______________________________________
13 Second Successor Agent’s Address:______________________________________
14 Second Successor Agent’s Telephone Number: _____________________________
15 GRANT OF GENERAL AUTHORITY
16 I grant my agent and any successor agent general authority to act for me with respect
17 to the following subjects as defined in the Uniform Power of Attorney Act [insert citation]:
18 (INITIAL each subject you want to include in the agent’s general authority. If you
19 wish to grant general authority over all of the subjects you may initial “All Preceding
20 Subjects” instead of initialing each subject.)
21 (___) Real Property
22 (___) Tangible Personal Property
23 (___) Stocks and Bonds
24 (___) Commodities and Options

4. 4
1 (___) Banks and Other Financial Institutions
2 (___) Operation of Entity or Business
3 (___) Insurance and Annuities
4 (___) Estates, Trusts, and Other Beneficial Interests
5 (___) Claims and Litigation
6 (___) Personal and Family Maintenance
7 (___) Benefits from Governmental Programs or Civil or Military Service
8 (___) Retirement Plans
9 (___) Taxes
10 (___) All Preceding Subjects
11 GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
12 My agent MAY NOT do any of the following specific acts for me UNLESS I have
13 INITIALED the specific authority listed below:
14 (CAUTION: Granting any of the following will give your agent the authority to take
15 actions that could significantly reduce your property or change how your property is
16 distributed at your death. INITIAL ONLY the specific authority you WANT to give your
17 agent.)
18 (___) Create, amend, revoke, or terminate an inter vivos trust
19 (___) Make a gift, subject to the limitations of the Uniform Power of Attorney Act [insert
20 citation to Section 217 of the act] and any special instructions in this power of
21 attorney
22 (___) Create or change rights of survivorship
23 (___) Create or change a beneficiary designation

5. 5
1 (___) Authorize another person to exercise the authority granted under this power of
2 attorney
3 (___) Waive the principal’s right to be a beneficiary of a joint and survivor annuity,
4 including a survivor benefit under a retirement plan
5 (___) Exercise fiduciary powers that the principal has authority to delegate
6 [(___) Disclaim or refuse an interest in property, including a power of appointment]
7 LIMITATION ON AGENT’S AUTHORITY
8 An agent that is not my ancestor, spouse, or descendant MAY NOT use my property
9 to benefit the agent or a person to whom the agent owes an obligation of support unless I
10 have included that authority in the Special Instructions.
11 SPECIAL INSTRUCTIONS (OPTIONAL)
12 You may give special instructions on the following lines:
13 ___________________________________________________________________________
14 ___________________________________________________________________________
15 ___________________________________________________________________________
16 ___________________________________________________________________________
17 ___________________________________________________________________________
18 ___________________________________________________________________________
19 ___________________________________________________________________________
20 EFFECTIVE DATE
21 This power of attorney is effective immediately unless I have stated otherwise in the
22 Special Instructions.
23 NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

6. 6
1 If it becomes necessary for a court to appoint a conservator or guardian of my estate
2 or guardian of my person, I nominate the following person(s) for appointment:
3 Name of Nominee for conservator or guardian of my estate:
4 _______________________________________________________________________
5 Nominee’s Address:_______________________________________________________
6 Nominee’s Telephone Number:______________________________________________
7 Name of Nominee for guardian of my person: __________________________________
8 Nominee’s Address: _______________________________________________________
9 Nominee’s Telephone Number:______________________________________________
10 RELIANCE ON THIS POWER OF ATTORNEY
11 Any person, including my agent, may rely upon the validity of this power of attorney
12 or a copy of it unless that person knows it has terminated or is invalid.
13 SIGNATURE AND ACKNOWLEDGMENT
14 ____________________________________________ _______________
15 Your Signature Date
16 ____________________________________________
17 Your Name Printed
18 ____________________________________________
19 ____________________________________________
20 Your Address
21 ____________________________________________
22 Your Telephone Number
23 State of _____________________________________
24 [County] of__________________________________

7. 7
1 This document was acknowledged before me on __________________________,
2 (Date)
3 By ______________________________________
4 (Name of Principal)
5 ____________________________________________ (Seal, if any)
6 Signature of Notary
7 My commission expires: ________________________
8 [This document prepared by:
9 __________________________________________________________________
10 __________________________________________________________________]
11 IMPORTANT INFORMATION FOR AGENT
12 Agent’s Duties
13 When you accept the authority granted under this power of attorney, a special legal
14 relationship is created between you and the principal. This relationship imposes upon you
15 legal duties that continue until you resign or the power of attorney is terminated or revoked.
16 You must:
17 (1) do what you know the principal reasonably expects you to do with the
18 principal’s property or, if you do not know the principal’s expectations, act in the principal’s
19 best interest;
20 (2) act in good faith;
21 (3) do nothing beyond the authority granted in this power of attorney; and
22 (4) disclose your identity as an agent whenever you act for the principal by
23 writing or printing the name of the principal and signing your own name as “agent” in the
24 following manner:

8. 8
1 (Principal’s Name) by (Your Signature) as Agent
2 Unless the Special Instructions in this power of attorney state otherwise, you must
3 also:
4 (1) act loyally for the principal’s benefit;
5 (2) avoid conflicts that would impair your ability to act in the principal’s best
6 interest;
7 (3) act with care, competence, and diligence;
8 (4) keep a record of all receipts, disbursements, and transactions made on behalf
9 of the principal;
10 (5) cooperate with any person that has authority to make health-care decisions for
11 the principal to do what you know the principal reasonably expects or, if you do not know the
12 principal’s expectations, to act in the principal’s best interest; and
13 (6) attempt to preserve the principal’s estate plan if you know the plan and
14 preserving the plan is consistent with the principal’s best interest.
15 Termination of Agent’s Authority
16 You must stop acting on behalf of the principal if you learn of any event that
17 terminates this power of attorney or your authority under this power of attorney. Events that
18 terminate a power of attorney or your authority to act under a power of attorney include:
19 (1) death of the principal;
20 (2) the principal’s revocation of the power of attorney or your authority;
21 (3) the occurrence of a termination event stated in the power of attorney;
22 (4) the purpose of the power of attorney is fully accomplished; or
23 (5) if you are married to the principal, a legal action is filed with a court to end
24 your marriage, or for your legal separation, unless the Special Instructions in this power of
25 attorney state that such an action will not terminate your authority.

9. 9
1 Liability of Agent
2 The meaning of the authority granted to you is defined in the Uniform Power of
3 Attorney Act, parts 5 and 6 of this article. If you violate the Uniform Power of Attorney Act
4 or act outside the authority granted, you may be liable for any damages caused by your
5 violation.
6 If there is anything about this document or your duties that you do not
7 understand, you should seek legal advice.
8 §5-702. AGENT’S CERTIFICATION. The following optional form may be used
9 by an agent to certify facts concerning a power of attorney.
10 AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY
11 AND AGENT’S AUTHORITY
12 State of _____________________________
13 [County] of___________________________]
14 I, _____________________________________________ (Name of Agent), certify under
15 penalty of perjury that __________________________________________(Name of
16 Principal) granted me authority as an agent or successor agent in a power of attorney dated
17 ________________________.
18 I further [certify] that to my knowledge:
19 (1) the Principal is alive and has not revoked the Power of Attorney or my
20 authority to act under the Power of Attorney and the Power of Attorney and my authority to
21 act under the Power of Attorney have not terminated;
22 (2) if the Power of Attorney was drafted to become effective upon the happening
23 of an event or contingency, the event or contingency has occurred;

10. 10
1 (3) if I was named as a successor agent, the prior agent is no longer able or
2 willing to serve; and
3 (4)__________________________________________________________________
4 ___________________________________________________________________________
5 ___________________________________________________________________________
6 ___________________________________________________________________________
7 _______________________________________
8 (Insert other relevant statements)
9 SIGNATURE AND ACKNOWLEDGMENT
10 ____________________________________________ _______________
11 Agent’s Signature Date
12 ____________________________________________
13 Agent’s Name Printed
14 ____________________________________________
15 ____________________________________________
16 Agent’s Address
17 ____________________________________________
18 Agent’s Telephone Number
19 This document was acknowledged before me on __________________________,
20 (Date)
21 by______________________________________.
22 (Name of Agent)
23 ____________________________________________ (Seal, if any)
24 Signature of Notary

11. 11
1 My commission expires: ________________________
2 [This document prepared by:
3 _________________________________________________________________]
4
5
6
7 BILL SUMMARY
8
9 This bill is part of the Uniform Power of Attorney Act and provides a concise,
10 optional statutory form for creating a power of attorney under the Uniform Power of
11 Attorney Act. The drafters of the Uniform Power of Attorney Act, the National Conference
12 of Commissioners of Uniform State Laws have explained in the Summary to the Act that, the
13 advantage of a statutorily-sanctioned form is the promotion of uniformity in power of
14 attorney practice. In states such as Illinois and New York, where state-sanctioned statutory
15 forms have existed for many years, the statutory form is widely used by both lawyers and lay
16 persons. The familiarity and common understanding achieved with the use of one statutory
17 form also facilitates acceptance of powers of attorney. In the twenty years preceding this
18 Act, the number of states with statutory forms has increased from only a few to eighteen.
19 The Conference further explains that in addition to the statutory form power of
20 attorney, the Act provides an optional form for agent certification of facts pertaining to a
21 power of attorney (section 5-702). The form lists factual matters about which persons
22 commonly request certification (e.g., the principal is alive and has not revoked the power of
23 attorney or the agent’s authority), and provides a designated space for certification of
24 additional factual statements. Both the statutory form power of attorney and the agent
25 certification form may be tailored to accommodate individual circumstances and objectives.

12. 12
1 An important component of the statutory form is a specific list of transactions that
2 any prospective principal can choose from in delegating powers to an agent. These are set
3 out in the statute in a list. If the principal has a pre-printed form that replicates the statute, all
4 the principal has to do is initial the transaction categories that he or she wishes the agent to
5 conduct on his or her behalf. Examples of the kinds of transactions listed are "real property
6 transactions" and "tangible personal property transactions".
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11 BR09-0409(b)/July 6, 2009/YLY
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