Code of Virginia - Title 37.2 Mental Health, Mental Retardation, And Substance Abuse Services - Chapter 10 Guardianship And Conservatorship

37.2-1000 Definitions
As used in this chapter, unless the context requires a different meaning: "Advance directive" shall have the same meaning as provided in the Health Care ...

37.2-1001 Filing of petition; jurisdiction; instructions to be provided
A. A petition for the appointment of a guardian or conservator shall be filed with the circuit court of the county or city in which ...

37.2-1002 Who may file petition; contents
A. Any person may file a petition for the appointment of a guardian, a conservator, or both. B. A petition for the appointment of a ...

37.2-1003 Appointment of guardian ad litem
A. On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the ...

37.2-1004 Notice of hearing; jurisdictional
A. Upon the filing of the petition, the court shall promptly set a date, time, and location for a hearing. The respondent shall be given ...

37.2-1005 Evaluation report
A. A report evaluating the condition of the respondent shall be filed with the court and provided to the guardian ad litem within a reasonable ...

37.2-1006 Counsel for respondent
The respondent has the right to be represented by counsel of the respondent's choice. If the respondent is not represented by counsel, the court may ...

37.2-1007 Hearing on petition to appoint
The respondent is entitled to a jury trial, upon request, and may compel the attendance of witnesses, present evidence on his own behalf, and confront ...

37.2-1008 Fees and costs
The petitioner shall pay the filing fee, as provided in subdivision A 43 of § 17.1-275, and costs. Service fees and court costs may be ...

37.2-1009 Court order of appointment; limited guardianships and conservatorships
The court's order appointing a guardian or conservator shall: (i) state the nature and extent of the person's incapacity; (ii) define the powers and duties ...

37.2-1010 Eligibility for public guardian or conservator
The circuit court may appoint a local or regional program authorized by the Department for the Aging pursuant to Article 2 (§ 2.2-711 et seq.) ...

37.2-1011 Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on ...
A guardian or conservator appointed in the court order shall qualify before the clerk upon the following: 1. Subscribing to an oath promising to faithfully ...

37.2-1012 Petition for restoration, modification or termination; effects
A. Upon petition by the incapacitated person, the guardian or conservator, or any other person or upon motion of the court, the court may declare ...

37.2-1013 Standby guardianship or conservatorship for incapacitated persons
A. For purposes of this section, the term "person" includes a child or a parent sharing a biological relationship with one another or having a ...

37.2-1014 Clerk to index findings of incapacity or restoration; notice to Commissioner, commissioner of accou...
A. A copy of the findings of the court, if the person is found to be incapacitated or restored to capacity, shall be filed by ...

37.2-1015 When no guardian or conservator appointed within one month of adjudication
If a person is adjudicated incapacitated and in need of a guardian or conservator and the court has not identified any person to serve as ...

37.2-1016 Trustees for incapacitated ex-service persons and their beneficiaries
Whenever any ex-service person of the United States or the beneficiary of any ex-service person is found to be incapacitated by the medical authorities of ...

37.2-1017 Payments from U.S. Department of Veterans Affairs
Monthly payments of pension, compensation, insurance, or other benefits from the U.S. Department of Veterans Affairs made to a trustee or other fiduciary shall be ...

37.2-1018 Discovery of information and records regarding actions of certain agents and attorneys-in-fac...
A. For purposes of this section: "Member of the principal's family" means an adult who is a parent, brother or sister, niece or nephew, child ...

37.2-1019 Taking of bond by clerk of court
Whenever in this title provision is made for the appointment of a fiduciary by a circuit court, the clerk of the court also shall have ...

37.2-1020 Duties and powers of guardian
A. A guardian stands in a fiduciary relationship to the incapacitated person for whom he was appointed guardian and may be held personally liable for ...

37.2-1021 Annual reports by guardians
A. A guardian shall file an annual report in compliance with the filing deadlines in § 26-17.4 with the local department of social services for ...

37.2-1022 General duties and liabilities of conservator
A. At all times, the conservator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the incapacitated person. To ...

37.2-1023 Management powers and duties of conservator
A. A conservator, in managing the estate, shall have the following powers and the powers set forth in § 64.1-57 as of the date the ...

37.2-1024 Estate planning
A. In the order appointing a conservator entered pursuant to § 37.2-1009 or in a separate proceeding brought on petition, the court may authorize a ...

37.2-1025 Taking possession of incapacitated person's estate and suits relative thereto; retaining for his ow...
Subject to any conditions or limitations set forth in the order appointing him, the fiduciary shall take possession of the incapacitated person's estate and may ...

37.2-1026 Fiduciary to prosecute and defend
All actions or suits to which the incapacitated person is a party at the time of qualification of the fiduciary and all such actions or ...

37.2-1027 Surrender of incapacitated person's estate
The fiduciary shall surrender the incapacitated person's estate or that portion for which he is accountable to the incapacitated person, if the incapacitated person is ...

37.2-1028 Surrender of incapacitated person's estate not limited by provisions relating to expenses
Nothing in §§ 37.2-715 through 37.2-721 shall be construed to relieve the fiduciary of any consumer in a state facility from paying to the state ...

37.2-1029 Department to be notified in certain cases
In any suit or action for the appointment of a fiduciary who is to have the management and control of funds belonging to any person ...