6.2-2303 - (Effective October 1, 2010) Limited access to safe deposit box upon incapacity of lessee.
§ 6.2-2303. (Effective October 1, 2010) Limited access to safe deposit boxupon incapacity of lessee.
A. Upon receiving a letter from a licensed physician that in his professionalopinion an individual, who is the sole lessee of a box, is incapable ofreceiving and evaluating information effectively or responding to people,events, or environments to such an extent that the individual lacks thecapacity:
1. To manage property or financial affairs or provide for his support or forthe support of his legal dependents without the assistance or protection ofanother, the company may permit access to such box for the limited purpose oflooking for a power of attorney executed by the lessee that relates to themanagement of his property or financial affairs; or
2. To meet the essential requirements for his health, care, safety, ortherapeutic needs without the assistance or protection of another, thecompany may permit access to the box for the limited purpose of looking foran advance medical directive executed by the lessee.
B. Such access shall only be granted to the lessee's guardian, conservator,spouse or next of kin or to a person asserting a knowledge or belief:
1. If the access is sought pursuant to subdivision A 1, that he is named asan agent in a power of attorney believed to be in the box; or
2. If the access is sought pursuant to subdivision A 2, that he is named asan agent in an advance medical directive believed to be in the box.
C. Access to a box shall be under the supervision of a designated officer oremployee of the company, and nothing shall be removed from the box except (i)if the access is sought pursuant to subdivision A 1, the power of attorneyfor transmission to a person named as agent therein or (ii) if the access issought pursuant to subdivision A 2, the advance medical directive fortransmission to a person named as agent therein or in the absence of such aperson, to the lessee's attending physician to be made a part of the lessee'smedical records.
D. If the box is co-leased, the company may permit entry into the box by thesame persons and under the same circumstances and terms as specified above,upon proof satisfactory to it that the then co-lessees are not reasonablyavailable for access to the box.
E. The company shall (i) make a photocopy of any document removed from a boxpursuant to this section, (ii) place the copy in the box prior to deliveringthe original to any person, and (iii) not be liable except for acting in badfaith or for permitting the removal of other items from the box.
(1984, c. 446, § 6.1-332.1; 2002, c. 312; 2003, c. 269; 2010, c. 794.)