The Virginia Uniform Power of Attorney Act Dean Davison M
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. VBATHE OFFICIAL PUBLICATION News OF THE VIRGINIA BAR ASSOCIATION Journal • VOL. XXXVI1, No. 3 • FALL 2010 Featured Article: The Resurgent Role of Legal History in Modern U.S. Supreme Court Cases Also inside: President’s Page • Writer’s Block • Uniform Power of Attorney Act • New Rules of the Supreme Court of Virginia • 120th VBA Summer Meeting Photos • VBA Member Spotlight • Rule of Law Project Life’s got challenges. Let us help you find the answers. We’re up to the challenge. We’re Virginia Barristers Alliance, Inc. Let’s talk. To start the conversation, please complete this form and fax it to us at (804) 762-4192 or (800) 947-2796 or visit our website at www.virginiabarristersalliance.com Without obligation, I would like to receive more information about products and services available to members of The Virginia Bar Association. Here’s how you can reach me: Name: ___________________________________________________________ Address: _____________________________________________________________ ___________________________________________________________ ___________________________________________________________ E-mail: ___________________________________________________________ Phone Number: (___) _____________________ I would like to know more about the following topics (Check all that apply): ____ How can Disability Income Insurance replace my income if I could not work for an extended period of time? ____ How can I obtain Term Life Insurance to help protect my family in the event of my untimely death? ____ Why should I consider Permanent Life Insurance as part of my family’s financial future or succession planning? ____ Why should I consider Long-term Care Insurance as a strategic part of any retirement strategy? ____ Have I maximized my options in savings for retirement? ____ How can I accumulate supplemental retirement income and protect wealth on a tax- deferred basis through use of Tax Deferred Annuities*? ____ Would a Tax-advantaged College Savings Plan (529) be a useful tool to accumulate assets for my children’s education? * Distributions (and certain deemed distributions) may be subject to ordinary income tax and, if taken prior to age 59 1/2, may also be subject to a 10% federal income tax penalty. Early surrender charges may also apply. Virginia Barristers Alliance, Inc. The Insurance Agency Subsidiary of The Virginia Bar Association Dean Hardy and Howard DiSavino, Jr. 4880 Sadler Road, Suite 110, Glen Allen, Virginia 23060 (804) 290-8720 direct line • 1-800-358-7987 toll-free • (804) 762-4192 fax e-mail: [email protected] THE VIRGINIA BAR ASSOCIATION VOLUME XXXVII, ISSUE 3 VBA. FALL 2010 The Virginia Bar Association VBA 701 East Franklin Street, Suite 1120 Richmond, VA 23219 News Journal (804) 644-0041 FAX: (804) 644-0052 4 • President’s Page E-mail: [email protected] VBA Lawyers for Virginia Veterans: Call to Action—To Web: www.vba.org Serve Those Who Serve the Commonwealth President Stephen D. Busch, Richmond Stephen D. Busch President-elect Lucia Anna “Pia” Trigiani, Alexandria 6 • Writer’s Block Chair, Board of Governors Misplaced Modifiers—Say What? Hugh M. Fain, Richmond By David Spratt Immediate Past President John D. Epps, Richmond 9 • The VBA Rule of Law Project Teaches Indonesian Law Practice Management Division Chair Michael J. Quinan, Richmond Students the Power of the Law Young Lawyers Division Chair Henry I. Willett, III, Richmond 10 • The Resurgent Role of Legal History in Modern U.S. Young Lawyers Division Chair-elect Supreme Court Cases B. Webb King, Roanoke By Hon. D. Arthur Kelsey Board of Governors The Officers and Thomas R. Bagby, Roanoke 14 • 120th VBA Summer Meeting Photos Attison L. Barnes, III, Washington, D.C. Hon. Rudolph Bumgardner, III, Staunton 18 • The Virginia Uniform Power of Attorney Act Dean Davison M. Douglas, Williamsburg Jeffrey H. Gray, Virginia Beach By Andrew H. Hook and Stephen E. Taylor Michael C. Guanzon, Danville Susan M. Hicks, Fairfax James M. Hingeley, Charlottesville 20 • New Rules of The Supreme Court of Virginia Leighton S. Houck, Lynchburg (part one of a two-part series) Hon. Robert Hurt, Chatham Maureen R. Matsen, Richmond By L. Steven Emmert Loc Pfeiffer, Richmond Hon. Jane Marum Roush, Fairfax John L. Walker, III, Richmond 23 • VBA Corporate Counsel Section Launches Pro Bono ABA House of Delegates Member Resource Center E. Tazewell Ellett, Alexandria Legislative Counsel 24 • VBA Calendar of Events Hon. Robert B. Jones, Jr., Richmond Anne Leigh Kerr, Richmond 25 • YLD Hosts 4th Annual Diversity Job Fair Executive Director Guy K. Tower Assistant Executive Director 26 • VBA Member Spotlight Brenda Dillard VBA News Journal Editor 27 • VBA Membership Application Kimberly L. Kovac Images on the cover— Clockwise L to R: Sir William Blackstone (courtesy of The Warden and Fellows of All Souls College, Oxford), western facade of the U.S. Supreme Court build- ing, William the Conqueror, freed slaves in the Union Army and the U.S. Constitution Our Mission The Virginia Bar Association is a vol- VBA News Journal, the official publication of The Virginia Bar Association (ISSN untary organization of Virginia 1522-0974, USPS 093-110), is published four times per year. Membership dues lawyers committed to serving the include the cost of one subscription to each member of the Association. public and the legal profession by Subscription price to others, $30 per year. Statements or expressions of opinions promoting the highest standards of appearing herein are those of the authors and not necessarily those of the integrity, professionalism, and excel- Association, and likewise, the publication of any advertisement is not to be con- lence in the legal profession; working strued as an endorsement of the product of service unless specifically stated in the to improve the law and the adminis- advertisement that there is such approval or endorsement. Periodicals postage paid tration of justice; and advancing col- at Richmond, VA 23232. POSTMASTER: Send address changes to The Virginia Bar legial relations among lawyers. Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219. PRESIDENT’S PAGE VBA Lawyers for Virginia Veterans: Call to Action—To Serve Those Who Serve the Commonwealth BY STEPHEN D. BUSCH This President's Page is dedicated to the thousands of men and women “You can help in two ways: First, serving the Commonwealth through the Virginia National Guard and other support a Veterans Day fundrais- branches of the military. They need er as a volunteer or donor, and our help, and I hope that you will join your colleagues in responding to this second, volunteer to provide call to action to participate in the VBA Veterans Initiative. You can help in legal services on a pro bono or two ways: First, support a Veterans reduced fee basis, through the Day fundraiser as a volunteer or donor, and second, volunteer to pro- Virginia National Guard Project.” vide legal services on a pro bono or reduced fee basis, through the Virginia National Guard Project. cide and post-traumatic stress disorder asked Jim Meath to further these in veterans of the Iraq and Afghanistan efforts by serving as chair of a newly Background wars. One of the other panelists, who established Veterans Issues Task Force. is mentioned below, was Mark Bob Barrett was appointed to serve as The VBA Veteran's Initiative grew Matthews, of the Veterans Benefit vice chair. The activities described out of a program presented by the Clinic (“VBC”) at the William & Mary below are the result of the Task Force’s VBA Committee on Special Issues of Law School. hard work. National and State Importance during our annual meeting in January 2009: This inspirational program gave Pressures Facing "A Nation in Debt: Our Obligations to rise to discussions with Maj. Gen. Servicemembers Returning From Combat Robert Newman and other officers of Veterans —Iraq, Afghanistan and Beyond." Two the Virginia National Guard ("VNG") of the panelists were Maj. Joseph about the legal problems that our fel- On September 1 of this year, the Geraci, and Col. Elspeth Ritchie of the low Virginians commonly face upon VNG announced that soldiers from the U.S. Army. Maj. Geraci spoke about their return from military duty in Iraq 29th Infantry Division had received a leading troops in combat, the death of and Afghanistan and the lack of any mobilization order for active duty close friends and the psychological governmental assistance to help. beginning on November 1, in effects of these experiences. Col. Under the leadership of 2009 VBA Afghanistan. The soldiers will be part Ritchie is the lead psychiatrist at president, John Epps of Hunton & of the NATO-led International Security Walter Reed Hospital, and she report- WIlliams, with assistance by former Assistance Force. A few weeks later, ed the tragically high incidence of sui- VBA president Jim Meath of Williams on September 22, Maj. Gen. Daniel E. Mullen and VBA Long, Jr., the VNG's Adjutant General, member Bob announced that the 2nd Battalion, Barrett, of Spotts 224th Aviation Regiment had received Fain, a program a mobilization order for active duty in was established Iraq beginning February 25, 2011. The last year encour- mobilization order calls for an active aging lawyers duty period not to exceed 400 days, from around the unless extended by the Secretary of state to volunteer Defense based upon operational to provide pro needs. Approximately 400 VNG sol- bono legal servic- diers will participate in training at Fort es to returning Hood, Texas for one to two months VNG veterans before deploying overseas. According from Iraq and to Maj. Gen. Long "even though the Afghanistan. mission of United States military Thus far, over 100 forces in Iraq has shifted away from lawyers have vol- combat operations, there is still impor- unteered to pro- tant work to be done in Iraq." vide pro bono or reduced fee serv- The reports of these planned ices to VNG per- deployments remind us of the incredi- ble sacrifices made by the men and Staff Sgt.