{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1609.html"}],"law_id":64804,"edition_id":1,"section_id":64804,"structure_id":15884,"section_number":"63.2-1609","catch_line":"Emergency order for adult protective services","history":"1977, c. 547, \u00a7 63.1-55.6; 1978, c. 562; 1979, c. 451; 1997, c. 921; 2002, c. 747; 2004, cc. 749, 1011; 2018, cc. 19, 188; 2021, Sp. Sess. I, cc. 207, 208.","full_text":"A\n\nUpon petition by the local department to the circuit court, the court may issue an order authorizing the provision of adult protective services on an emergency basis to an adult after finding on the record, based on a preponderance of the evidence, that:1\n\nThe adult is incapacitated;2\n\nAn emergency exists;3\n\nThe adult lacks the capacity to consent to receive adult protective services; and4\n\nThe proposed order is substantially supported by the findings of the local department that has investigated the case, or if not so supported, there are compelling reasons for ordering services.B\n\nIn issuing an emergency order, the court shall adhere to the following limitations:1\n\nOnly such adult protective services as are necessary to improve or correct the conditions creating the emergency shall be ordered, and the court shall designate the approved services in its order. In ordering adult protective services the court shall consider the right of a person to rely on nonmedical remedial treatment in accordance with a recognized religious method of healing in lieu of medical care.2\n\nThe court shall specifically find in the emergency order whether hospitalization or a change of residence is necessary. Approval of the hospitalization or change of residence shall be stated in the order. No adult may be committed to a mental health facility under this section.3\n\nAdult protective services may be provided through an appropriate court order only for a period of 15 days. The original order may be renewed once for a five-day period upon a showing to the court that continuation of the original order is necessary to remove the emergency.4\n\nIn its order the court shall appoint the petitioner or another interested person, as temporary guardian of the adult with responsibility for the adult’s welfare and authority to give consent for the adult for the approved adult protective services until the expiration of the order.5\n\nWhen applicable, the court shall appoint the petitioner or another interested person as temporary conservator of the adult with responsibility and authority limited to managing the adult’s estate and financial affairs related to the approved adult protective services until the expiration of the order.6\n\nThe issuance of an emergency order and the appointment of a temporary guardian or temporary conservator shall not deprive the adult of any rights except to the extent provided for in the order or appointment.7\n\nThe court shall set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator.8\n\nUpon a finding that the adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, the court may include in its order one or more of the following conditions to be imposed on the alleged perpetrator: (i) prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) prohibition on such other contacts by the alleged perpetrator with the adult or the adult’s family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. Any person who violates a condition imposed pursuant to this subdivision is guilty of a Class 1 misdemeanor.C\n\nThe petition for an emergency order shall set forth the name, address, and interest of the petitioner; the name, age, and address of the adult in need of adult protective services; the nature of the emergency, including the nature of any acts of violence, force, or threat or financial exploitation; the date and location of any acts of violence, force, or threat or financial exploitation; the nature of the adult’s incapacity, if determinable; the proposed adult protective services; the petitioner’s reasonable belief, together with facts supportive thereof, as to the existence of the facts stated in subdivisions A 1 through A 4; and facts showing the petitioner’s attempts to obtain the adult’s consent to the services and the outcomes of such attempts.D\n\nWritten notice of the time, date, and place for the hearing shall be given to the adult, to his spouse, or if none, to his nearest known next of kin, and to the alleged perpetrator if the petition alleges the adult has been subjected to an act of violence, force, or threat or financial exploitation, and a copy of the petition shall be attached. Such notice shall be given at least 24 hours prior to the hearing for emergency intervention. The court may waive the 24-hour notice requirement upon showing that (i) immediate and reasonably foreseeable physical harm to the adult or others will result from the 24-hour delay and (ii) reasonable attempts have been made to notify the adult, his spouse, or if none, his nearest known next of kin, and the alleged perpetrator if the petition alleges the adult has been subjected to an act of violence, force, or threat or financial exploitation.E\n\nUpon receipt of a petition for an emergency order for adult protective services, the court shall hold a hearing. The adult who is the subject of the petition shall have the right to be present and be represented by counsel at the hearing. If it is determined that the adult is indigent, or, in the determination of the judge, lacks capacity to waive the right to counsel, the court shall locate and appoint a guardian ad litem. If the adult is indigent, the cost of the proceeding shall be borne by the Commonwealth. If the adult is not indigent, the court may order that the cost of the proceeding shall be borne by such adult. This hearing shall be held no earlier than 24 hours and no later than 72 hours after the notice required in subsection D has been given, unless such notice has been waived by the court.F\n\nThe adult, the temporary guardian, temporary conservator, or any interested person may petition the court to have the emergency order set aside or modified at any time there is evidence that a substantial change in the circumstances of the adult for whom the emergency services were ordered has occurred.G\n\nWhere adult protective services are rendered on the basis of an emergency order, the temporary guardian or temporary conservator shall submit to the court a report describing the circumstances thereof including the name, place, date, and nature of the services provided. This report shall become part of the court record. Such report shall be confidential and open only to such persons as may be directed by the court.H\n\nIf the person continues to need adult protective services after the renewal order provided in subdivision B 3 has expired, the temporary guardian, temporary conservator, or local department shall immediately petition the court to appoint a guardian and, if applicable, a conservator pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.I\n\nIf the court finds the adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation and enters an order containing any of the conditions permitted pursuant to subdivision B 8, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the perpetrator’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and, upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the perpetrator in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described in this subsection. If the order is later set aside or modified, a copy of such order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders and, upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described in this subsection, and the order shall be served forthwith and due return made to the court.","order_by":null,"text":{"0":{"id":235817,"text":"Upon petition by the local department to the circuit court, the court may issue an order authorizing the provision of adult protective services on an emergency basis to an adult after finding on the record, based on a preponderance of the evidence, that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":235818,"text":"The adult is incapacitated;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":235819,"text":"An emergency exists;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":235820,"text":"The adult lacks the capacity to consent to receive adult protective services; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":235821,"text":"The proposed order is substantially supported by the findings of the local department that has investigated the case, or if not so supported, there are compelling reasons for ordering services.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":235822,"text":"In issuing an emergency order, the court shall adhere to the following limitations:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":235823,"text":"Only such adult protective services as are necessary to improve or correct the conditions creating the emergency shall be ordered, and the court shall designate the approved services in its order. In ordering adult protective services the court shall consider the right of a person to rely on nonmedical remedial treatment in accordance with a recognized religious method of healing in lieu of medical care.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":235824,"text":"The court shall specifically find in the emergency order whether hospitalization or a change of residence is necessary. Approval of the hospitalization or change of residence shall be stated in the order. No adult may be committed to a mental health facility under this section.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"8":{"id":235825,"text":"Adult protective services may be provided through an appropriate court order only for a period of 15 days. The original order may be renewed once for a five-day period upon a showing to the court that continuation of the original order is necessary to remove the emergency.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"9":{"id":235826,"text":"In its order the court shall appoint the petitioner or another interested person, as temporary guardian of the adult with responsibility for the adult’s welfare and authority to give consent for the adult for the approved adult protective services until the expiration of the order.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"10":{"id":235827,"text":"When applicable, the court shall appoint the petitioner or another interested person as temporary conservator of the adult with responsibility and authority limited to managing the adult’s estate and financial affairs related to the approved adult protective services until the expiration of the order.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"11":{"id":235828,"text":"The issuance of an emergency order and the appointment of a temporary guardian or temporary conservator shall not deprive the adult of any rights except to the extent provided for in the order or appointment.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"12":{"id":235829,"text":"The court shall set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"13":{"id":235830,"text":"Upon a finding that the adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, the court may include in its order one or more of the following conditions to be imposed on the alleged perpetrator: (i) prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) prohibition on such other contacts by the alleged perpetrator with the adult or the adult’s family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. Any person who violates a condition imposed pursuant to this subdivision is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"C"},"14":{"id":235831,"text":"The petition for an emergency order shall set forth the name, address, and interest of the petitioner; the name, age, and address of the adult in need of adult protective services; the nature of the emergency, including the nature of any acts of violence, force, or threat or financial exploitation; the date and location of any acts of violence, force, or threat or financial exploitation; the nature of the adult’s incapacity, if determinable; the proposed adult protective services; the petitioner’s reasonable belief, together with facts supportive thereof, as to the existence of the facts stated in subdivisions A 1 through A 4; and facts showing the petitioner’s attempts to obtain the adult’s consent to the services and the outcomes of such attempts.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B8","next_prefix":"D"},"15":{"id":235832,"text":"Written notice of the time, date, and place for the hearing shall be given to the adult, to his spouse, or if none, to his nearest known next of kin, and to the alleged perpetrator if the petition alleges the adult has been subjected to an act of violence, force, or threat or financial exploitation, and a copy of the petition shall be attached. Such notice shall be given at least 24 hours prior to the hearing for emergency intervention. The court may waive the 24-hour notice requirement upon showing that (i) immediate and reasonably foreseeable physical harm to the adult or others will result from the 24-hour delay and (ii) reasonable attempts have been made to notify the adult, his spouse, or if none, his nearest known next of kin, and the alleged perpetrator if the petition alleges the adult has been subjected to an act of violence, force, or threat or financial exploitation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"16":{"id":235833,"text":"Upon receipt of a petition for an emergency order for adult protective services, the court shall hold a hearing. The adult who is the subject of the petition shall have the right to be present and be represented by counsel at the hearing. If it is determined that the adult is indigent, or, in the determination of the judge, lacks capacity to waive the right to counsel, the court shall locate and appoint a guardian ad litem. If the adult is indigent, the cost of the proceeding shall be borne by the Commonwealth. If the adult is not indigent, the court may order that the cost of the proceeding shall be borne by such adult. This hearing shall be held no earlier than 24 hours and no later than 72 hours after the notice required in subsection D has been given, unless such notice has been waived by the court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"17":{"id":235834,"text":"The adult, the temporary guardian, temporary conservator, or any interested person may petition the court to have the emergency order set aside or modified at any time there is evidence that a substantial change in the circumstances of the adult for whom the emergency services were ordered has occurred.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"18":{"id":235835,"text":"Where adult protective services are rendered on the basis of an emergency order, the temporary guardian or temporary conservator shall submit to the court a report describing the circumstances thereof including the name, place, date, and nature of the services provided. This report shall become part of the court record. Such report shall be confidential and open only to such persons as may be directed by the court.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"19":{"id":235836,"text":"If the person continues to need adult protective services after the renewal order provided in subdivision B 3 has expired, the temporary guardian, temporary conservator, or local department shall immediately petition the court to appoint a guardian and, if applicable, a conservator pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"20":{"id":235837,"text":"If the court finds the adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation and enters an order containing any of the conditions permitted pursuant to subdivision B 8, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the perpetrator’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and, upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served forthwith on the perpetrator in person as provided in § 16.1-264. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to subsection C of § 16.1-264, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described in this subsection. If the order is later set aside or modified, a copy of such order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders and, upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described in this subsection, and the order shall be served forthwith and due return made to the court.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15884,"edition_id":1,"name":"Adult Protective Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14920,"metadata":{},"date_created":"2026-06-26 04:01:12","date_modified":"2026-06-26 04:01:12","permalink":{"id":271909,"object_type":"structure","relational_id":15884,"identifier":"2","token":"63.2\/III\/16\/2","url":"\/63.2\/III\/16\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14920,"edition_id":1,"name":"Adult Services","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:50:47","date_modified":"2026-06-26 03:50:47","permalink":{"id":271885,"object_type":"structure","relational_id":14920,"identifier":"16","token":"63.2\/III\/16","url":"\/63.2\/III\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61453,"structure_id":15884,"section_number":"63.2-1603","catch_line":"Protection of adults; definitions","url":"\/63.2-1603\/","token":"63.2\/III\/16\/2\/63.2-1603","metadata":false},{"id":72575,"structure_id":15884,"section_number":"63.2-1604","catch_line":"Repealed","url":"\/63.2-1604\/","token":"63.2\/III\/16\/2\/63.2-1604","metadata":false},{"id":84089,"structure_id":15884,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","url":"\/63.2-1605\/","token":"63.2\/III\/16\/2\/63.2-1605","metadata":false},{"id":62445,"structure_id":15884,"section_number":"63.2-1606","catch_line":"Protection of aged or incapacitated adults; mandated and voluntary reporting","url":"\/63.2-1606\/","token":"63.2\/III\/16\/2\/63.2-1606","metadata":false},{"id":83192,"structure_id":15884,"section_number":"63.2-1606.1","catch_line":"Photographs, X-rays and medical imaging of incapacitated persons; use as evidence","url":"\/63.2-1606.1\/","token":"63.2\/III\/16\/2\/63.2-1606.1","metadata":false},{"id":71782,"structure_id":15884,"section_number":"63.2-1607","catch_line":"Repealed","url":"\/63.2-1607\/","token":"63.2\/III\/16\/2\/63.2-1607","metadata":false},{"id":77550,"structure_id":15884,"section_number":"63.2-1608","catch_line":"Involuntary adult protective services","url":"\/63.2-1608\/","token":"63.2\/III\/16\/2\/63.2-1608","metadata":false},{"id":64804,"structure_id":15884,"section_number":"63.2-1609","catch_line":"Emergency order for adult protective services","url":"\/63.2-1609\/","token":"63.2\/III\/16\/2\/63.2-1609","metadata":false},{"id":77528,"structure_id":15884,"section_number":"63.2-1610","catch_line":"Voluntary adult protective services","url":"\/63.2-1610\/","token":"63.2\/III\/16\/2\/63.2-1610","metadata":false}],"previous_section":{"id":77550,"structure_id":15884,"section_number":"63.2-1608","catch_line":"Involuntary adult protective services","url":"\/63.2-1608\/","token":"63.2\/III\/16\/2\/63.2-1608","metadata":false},"next_section":{"id":77528,"structure_id":15884,"section_number":"63.2-1610","catch_line":"Voluntary adult protective services","url":"\/63.2-1610\/","token":"63.2\/III\/16\/2\/63.2-1610","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1609\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 547 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapter 562; in 1979, chapter 451; in 1997, chapter 921<\/a>; in 2002, chapter 747<\/a>; in 2004, chapters 749<\/a> and 1011<\/a>; in 2018, chapters 19<\/a> and 188<\/a>.<\/p>","references":[{"id":77550,"section_number":"63.2-1608","catch_line":"Involuntary adult protective services","order_by":null,"url":"\/63.2-1608\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"}],"refers_to":[{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"}],"permalink":{"id":271939,"object_type":"law","relational_id":64804,"identifier":"63.2-1609","token":"63.2\/III\/16\/2\/63.2-1609","url":"\/63.2-1609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1609\/","token":"63.2\/III\/16\/2\/63.2-1609","dublin_core":{"Title":"Emergency order for adult protective services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon petition<\/span> by the local department<\/span> to the circuit<\/span> court<\/span>, the court<\/span> may issue<\/span> an order<\/span> authorizing the provision of adult protective services<\/span> on an emergency<\/span> basis to an adult after finding<\/span> on the record, based on a preponderance of the evidence<\/span>, that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The adult is incapacitated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An emergency<\/span> exists; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The adult lacks the capacity to consent to receive adult protective services<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The proposed order<\/span> is substantially supported by the findings<\/span> of the local department<\/span> that has investigated the case, or if not so supported, there are compelling reasons for ordering services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In issuing an emergency<\/span> order<\/span>, the court<\/span> shall adhere to the following limitations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Only such adult protective services<\/span> as are necessary to improve or correct the conditions creating the emergency<\/span> shall be ordered, and the court<\/span> shall designate the approved services in its order<\/span>. In ordering adult protective services<\/span> the court<\/span> shall consider the right of a person to rely on nonmedical remedial treatment in accordance with a recognized religious method of healing in lieu of medical care. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The court<\/span> shall specifically find in the emergency<\/span> order<\/span> whether hospitalization or a change of residence is necessary. Approval of the hospitalization or change of residence shall be stated in the order<\/span>. No adult may be committed to a mental health facility under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Adult protective services<\/span> may be provided through an appropriate court order<\/span> only for a period of 15 days. The original order may be renewed once for a five-day period upon a showing to the court that continuation of the original order is necessary to remove the emergency<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In its order the court shall appoint the petitioner or another interested person, as temporary guardian of the adult with responsibility for the adult’s welfare and authority to give consent for the adult for the approved adult protective services<\/span> until the expiration of the order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> When applicable, the court shall appoint the petitioner or another interested person as temporary conservator of the adult with responsibility and authority limited to managing the adult’s estate and financial affairs related to the approved adult protective services<\/span> until the expiration of the order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The issuance of an emergency<\/span> order and the appointment of a temporary guardian or temporary conservator shall not deprive the adult of any rights except to the extent provided for in the order or appointment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The court shall set the bond<\/span> of the temporary guardian and the bond<\/span> and surety<\/span>, if any, of the temporary conservator. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Upon a finding<\/span> that the adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat<\/span> or been subjected to financial exploitation<\/span>, the court may include in its order one or more of the following conditions to be imposed on the alleged perpetrator: (i) prohibition on acts of violence, force, or threat or criminal offenses<\/span> that may result in injury to person or property; (ii) prohibition on such other contacts by the alleged perpetrator with the adult or the adult’s family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses<\/span> that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation<\/span> by the alleged perpetrator. Any person who violates a condition imposed pursuant to this subdivision is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petition<\/span> for an emergency<\/span> order shall set forth the name, address, and interest of the petitioner; the name, age, and address of the adult in need of adult protective services<\/span>; the nature of the emergency<\/span>, including the nature of any acts of violence, force, or threat or financial exploitation<\/span>; the date and location of any acts of violence, force, or threat or financial exploitation<\/span>; the nature of the adult’s incapacity, if determinable; the proposed adult protective services<\/span>; the petitioner’s reasonable belief, together with facts<\/span> supportive thereof, as to the existence of the facts<\/span> stated in subdivisions A 1 through A 4; and facts<\/span> showing the petitioner’s attempts to obtain the adult’s consent to the services and the outcomes of such attempts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Written notice of the time, date, and place for the hearing<\/span> shall be given to the adult, to his spouse, or if none, to his nearest known next of kin, and to the alleged perpetrator if the petition<\/span> alleges the adult has been subjected to an act of violence, force, or threat<\/span> or financial exploitation<\/span>, and a copy of the petition<\/span> shall be attached. Such notice shall be given at least 24 hours prior to the hearing<\/span> for emergency<\/span> intervention. The court may waive<\/span> the 24-hour notice requirement upon showing that (i) immediate and reasonably foreseeable physical harm to the adult or others will result from the 24-hour delay and (ii) reasonable attempts have been made to notify the adult, his spouse, or if none, his nearest known next of kin, and the alleged perpetrator if the petition<\/span> alleges the adult has been subjected to an act of violence, force, or threat<\/span> or financial exploitation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon receipt of a petition<\/span> for an emergency<\/span> order for adult protective services<\/span>, the court shall hold a hearing<\/span>. The adult who is the subject of the petition<\/span> shall have the right to be present and be represented by counsel<\/span> at the hearing<\/span>. If it is determined that the adult is indigent<\/span>, or, in the determination of the judge<\/span>, lacks capacity to waive<\/span> the right to counsel<\/span>, the court shall locate and appoint a guardian ad litem<\/span>. If the adult is indigent<\/span>, the cost of the proceeding shall be borne by the Commonwealth. If the adult is not indigent<\/span>, the court may order that the cost of the proceeding shall be borne by such adult. This hearing<\/span> shall be held no earlier than 24 hours and no later than 72 hours after the notice required in subsection D has been given, unless such notice has been waived by the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The adult, the temporary guardian, temporary conservator, or any interested person may petition<\/span> the court to have the emergency<\/span> order set aside or modified at any time there is evidence that a substantial change in the circumstances of the adult for whom the emergency<\/span> services were ordered has occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Where adult protective services<\/span> are rendered on the basis of an emergency<\/span> order, the temporary guardian or temporary conservator shall submit to the court a report describing the circumstances thereof including the name, place, date, and nature of the services provided. This report shall become part of the court record. Such report shall be confidential and open only to such persons as may be directed by the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the person continues to need adult protective services<\/span> after the renewal order provided in subdivision B 3 has expired, the temporary guardian, temporary conservator, or local department<\/span> shall immediately petition<\/span> the court to appoint a guardian and, if applicable, a conservator pursuant to Chapter 20 (§ 64.2-2000<\/a> et seq.) of Title 64.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If the court finds the adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat<\/span> or been subjected to financial exploitation<\/span> and enters an order containing any of the conditions permitted pursuant to subdivision B 8, the clerk of the circuit<\/span> court shall forthwith forward an attested copy of the order containing the perpetrator’s identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law<\/span>-enforcement agency providing service and entry of protective orders<\/span> and, upon receipt of the order, the primary law<\/span>-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department of State Police pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52 and the order shall be served forthwith on the perpetrator in person as provided in § 16.1-264<\/a>. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.\n\t\t\tUpon receipt of the return of service or other proof of service<\/span> pursuant to subsection C of § 16.1-264<\/a>, the clerk shall forthwith forward an attested copy of the order to the primary law<\/span>-enforcement agency and the agency shall forthwith verify and enter any modification as necessary into the Virginia Criminal Information Network as described in this subsection. If the order is later set aside or modified, a copy of such order shall also be attested, forwarded forthwith to the primary law<\/span>-enforcement agency responsible for service and entry of protective orders<\/span> and, upon receipt of the order by the primary law<\/span>-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described in this subsection, and the order shall be served forthwith and due return made to the court. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY ORDER FOR ADULT PROTECTIVE SERVICES (\u00a7 63.2-1609)\n\nA. Upon petition by the local department to the circuit court, the court may\nissue an order authorizing the provision of adult protective services on an\nemergency basis to an adult after finding on the record, based on a\npreponderance of the evidence, that:\n\n 1. The adult is incapacitated;\n\n 2. An emergency exists;\n\n 3. The adult lacks the capacity to consent to receive adult protective\n services; and\n\n 4. The proposed order is substantially supported by the findings of the local\n department that has investigated the case, or if not so supported, there are\n compelling reasons for ordering services.\n\nB. In issuing an emergency order, the court shall adhere to the following\nlimitations:\n\n 1. Only such adult protective services as are necessary to improve or correct\n the conditions creating the emergency shall be ordered, and the court shall\n designate the approved services in its order. In ordering adult protective\n services the court shall consider the right of a person to rely on nonmedical\n remedial treatment in accordance with a recognized religious method of healing\n in lieu of medical care.\n\n 2. The court shall specifically find in the emergency order whether\n hospitalization or a change of residence is necessary. Approval of the\n hospitalization or change of residence shall be stated in the order. No adult\n may be committed to a mental health facility under this section.\n\n 3. Adult protective services may be provided through an appropriate court\n order only for a period of 15 days. The original order may be renewed once for\n a five-day period upon a showing to the court that continuation of the\n original order is necessary to remove the emergency.\n\n 4. In its order the court shall appoint the petitioner or another interested\n person, as temporary guardian of the adult with responsibility for the\n adult’s welfare and authority to give consent for the adult for the\n approved adult protective services until the expiration of the order.\n\n 5. When applicable, the court shall appoint the petitioner or another\n interested person as temporary conservator of the adult with responsibility\n and authority limited to managing the adult’s estate and financial\n affairs related to the approved adult protective services until the expiration\n of the order.\n\n 6. The issuance of an emergency order and the appointment of a temporary\n guardian or temporary conservator shall not deprive the adult of any rights\n except to the extent provided for in the order or appointment.\n\n 7. The court shall set the bond of the temporary guardian and the bond and\n surety, if any, of the temporary conservator.\n\n 8. Upon a finding that the adult has been, within a reasonable period of time,\n subjected to an act of violence, force, or threat or been subjected to\n financial exploitation, the court may include in its order one or more of the\n following conditions to be imposed on the alleged perpetrator: (i) prohibition\n on acts of violence, force, or threat or criminal offenses that may result in\n injury to person or property; (ii) prohibition on such other contacts by the\n alleged perpetrator with the adult or the adult’s family or household\n members as the court deems necessary for the health and safety of such\n persons; or (iii) such other conditions as the court deems necessary to\n prevent (a) acts of violence, force, or threat; (b) criminal offenses that may\n result in injury to persons or property; (c) communication or other contact of\n any kind by the alleged perpetrator; or (d) financial exploitation by the\n alleged perpetrator. Any person who violates a condition imposed pursuant to\n this subdivision is guilty of a Class 1 misdemeanor.\n\nC. The petition for an emergency order shall set forth the name, address, and\ninterest of the petitioner; the name, age, and address of the adult in need of\nadult protective services; the nature of the emergency, including the nature of\nany acts of violence, force, or threat or financial exploitation; the date and\nlocation of any acts of violence, force, or threat or financial exploitation;\nthe nature of the adult’s incapacity, if determinable; the proposed adult\nprotective services; the petitioner’s reasonable belief, together with\nfacts supportive thereof, as to the existence of the facts stated in\nsubdivisions A 1 through A 4; and facts showing the petitioner’s attempts\nto obtain the adult’s consent to the services and the outcomes of such\nattempts.\n\nD. Written notice of the time, date, and place for the hearing shall be given to\nthe adult, to his spouse, or if none, to his nearest known next of kin, and to\nthe alleged perpetrator if the petition alleges the adult has been subjected to\nan act of violence, force, or threat or financial exploitation, and a copy of\nthe petition shall be attached. Such notice shall be given at least 24 hours\nprior to the hearing for emergency intervention. The court may waive the 24-hour\nnotice requirement upon showing that (i) immediate and reasonably foreseeable\nphysical harm to the adult or others will result from the 24-hour delay and (ii)\nreasonable attempts have been made to notify the adult, his spouse, or if none,\nhis nearest known next of kin, and the alleged perpetrator if the petition\nalleges the adult has been subjected to an act of violence, force, or threat or\nfinancial exploitation.\n\nE. Upon receipt of a petition for an emergency order for adult protective\nservices, the court shall hold a hearing. The adult who is the subject of the\npetition shall have the right to be present and be represented by counsel at the\nhearing. If it is determined that the adult is indigent, or, in the\ndetermination of the judge, lacks capacity to waive the right to counsel, the\ncourt shall locate and appoint a guardian ad litem. If the adult is indigent,\nthe cost of the proceeding shall be borne by the Commonwealth. If the adult is\nnot indigent, the court may order that the cost of the proceeding shall be borne\nby such adult. This hearing shall be held no earlier than 24 hours and no later\nthan 72 hours after the notice required in subsection D has been given, unless\nsuch notice has been waived by the court.\n\nF. The adult, the temporary guardian, temporary conservator, or any interested\nperson may petition the court to have the emergency order set aside or modified\nat any time there is evidence that a substantial change in the circumstances of\nthe adult for whom the emergency services were ordered has occurred.\n\nG. Where adult protective services are rendered on the basis of an emergency\norder, the temporary guardian or temporary conservator shall submit to the court\na report describing the circumstances thereof including the name, place, date,\nand nature of the services provided. This report shall become part of the court\nrecord. Such report shall be confidential and open only to such persons as may\nbe directed by the court.\n\nH. If the person continues to need adult protective services after the renewal\norder provided in subdivision B 3 has expired, the temporary guardian, temporary\nconservator, or local department shall immediately petition the court to appoint\na guardian and, if applicable, a conservator pursuant to Chapter 20 (§\n64.2-2000 et seq.) of Title 64.2.\n\nI. If the court finds the adult has been, within a reasonable period of time,\nsubjected to an act of violence, force, or threat or been subjected to financial\nexploitation and enters an order containing any of the conditions permitted\npursuant to subdivision B 8, the clerk of the circuit court shall forthwith\nforward an attested copy of the order containing the perpetrator’s\nidentifying information and the name, date of birth, sex, and race of each\nprotected person provided to the court to the primary law-enforcement agency\nproviding service and entry of protective orders and, upon receipt of the order,\nthe primary law-enforcement agency shall enter the name of the person subject to\nthe order and other appropriate information required by the Department of State\nPolice into the Virginia Criminal Information Network established and maintained\nby the Department of State Police pursuant to Chapter 2 (§ 52-12 et seq.)\nof Title 52 and the order shall be served forthwith on the perpetrator in person\nas provided in § 16.1-264. Upon service, the agency making service shall\nenter the date and time of service and other appropriate information required by\nthe Department of State Police into the Virginia Criminal Information Network\nand make due return to the court.\n\t\t\tUpon receipt of the return of service or other proof of service pursuant to\nsubsection C of § 16.1-264, the clerk shall forthwith forward an attested\ncopy of the order to the primary law-enforcement agency and the agency shall\nforthwith verify and enter any modification as necessary into the Virginia\nCriminal Information Network as described in this subsection. If the order is\nlater set aside or modified, a copy of such order shall also be attested,\nforwarded forthwith to the primary law-enforcement agency responsible for\nservice and entry of protective orders and, upon receipt of the order by the\nprimary law-enforcement agency, the agency shall forthwith verify and enter any\nmodification as necessary to the identifying information and other appropriate\ninformation required by the Department of State Police into the Virginia\nCriminal Information Network as described in this subsection, and the order\nshall be served forthwith and due return made to the court.\n\nHISTORY: 1977, c. 547, \u00a7 63.1-55.6; 1978, c. 562; 1979, c. 451; 1997, c. 921;\n2002, c. 747; 2004, cc. 749, 1011; 2018, cc. 19, 188; 2021, Sp. Sess. I, cc.\n207, 208.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}