Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-106.1 Appointment of curator when presumption of death not applicable

§ 64.1-106.1. Appointment of curator when presumption of death not applicable

After one year has expired since the date that a resident of the Commonwealth was last seen or heard from, and it is not known and cannot be shown by the exercise of reasonable diligence whether such person is alive, and the case is one in which the legal presumption of death does not apply, the court may, upon good cause shown, enter its decree appointing a curator for the estate of such resident as if he were dead, pursuant to § 64.1-93. In determining good cause hereunder, the court shall take into account the existence and efficacy of any durable power of attorney.

(2006, c. 351.)

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Last modified: April 16, 2009