{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2000.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2000.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2000.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2000.html"}],"law_id":65465,"edition_id":1,"section_id":65465,"structure_id":15745,"section_number":"64.2-2000","catch_line":"Definitions","history":"1997, c. 921, \u00a7 37.1-134.6; 1998, cc. 582, 787; 2004, c. 858; 2005, c. 716, \u00a7 37.2-1000; 2006, c. 724; 2012, cc. 614, 803, 835; 2020, c. 855; 2021, Sp. Sess. I, c. 232.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Advance directive” shall have the same meaning as provided in \u00a7 54.1-2982.\n\t\t“Annual report” means the report required to be filed by a guardian pursuant to \u00a7 64.2-2020.\n\t\t“Conservator” means a person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person and, where the context plainly indicates, includes a “limited conservator” or a “temporary conservator.” “Conservator” includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public conservator pursuant to Article 6 (\u00a7 51.5-149 et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt charitable organization established pursuant to \u00a7 501(c)(3) of the Internal Revenue Code to provide conservatorial services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public conservator, it may also serve as a conservator for other individuals.\n\t\t“Estate” includes both real and personal property.\n\t\t“Facility” means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or mental retardation facility. When modified by the word “state,” “facility” means a state hospital or training center operated by the Department of Behavioral Health and Developmental Services, including the buildings and land associated with it.\n\t\t“Guardian” means a person appointed by the court who has the powers and duties set out in \u00a7 64.2-2019, or \u00a7 63.2-1609 if applicable, and who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education, therapeutic treatment, and, if not inconsistent with an order of involuntary admission, residence. Where the context plainly indicates, the term includes a “limited guardian” or a “temporary guardian.” The term includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public guardian pursuant to Article 6 (\u00a7 51.5-149 et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt charitable organization established pursuant to \u00a7 501(c)(3) of the Internal Revenue Code to provide guardian services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public guardian, it may also serve as a guardian for other individuals.\n\t\t“Guardian ad litem” means an attorney appointed by the court to represent the interests of the respondent and whose duties include evaluation of the petition for guardianship or conservatorship and filing a report with the court pursuant to \u00a7 64.2-2003.\n\t\t“Incapacitated person” means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator. A finding that the individual displays poor judgment alone shall not be considered sufficient evidence that the individual is an incapacitated person within the meaning of this definition. A finding that a person is incapacitated shall be construed as a finding that the person is “mentally incompetent” as that term is used in Article II, Section 1 of the Constitution of Virginia and Title 24.2 unless the court order entered pursuant to this chapter specifically provides otherwise.\n\t\t“Individualized education plan” or “IEP” means a plan or program developed annually to ensure that a child who has a disability identified under the law and is attending an elementary or secondary educational institution receives specialized instruction and related services as provided by 20 U.S.C. \u00a7 1414.\n\t\t“Individual receiving services” or “individual” means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms “consumer,” “patient,” “resident,” “recipient,” or “client.”\n\t\t“Limited conservator” means a person appointed by the court who has only those responsibilities for managing the estate and financial affairs of an incapacitated person as specified in the order of appointment.\n\t\t“Limited guardian” means a person appointed by the court who has only those responsibilities for the personal affairs of an incapacitated person as specified in the order of appointment.\n\t\t“Mental illness” means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.\n\t\t“Petition” means the document filed with a circuit court to initiate a proceeding to appoint a guardian or conservator.\n\t\t“Power of attorney” has the same meaning ascribed to it in \u00a7 64.2-1600.\n\t\t“Property” includes both real and personal property.\n\t\t“Respondent” means an allegedly incapacitated person for whom a petition for guardianship or conservatorship has been filed.\n\t\t“Supported decision-making agreement” has the same meaning ascribed to it in \u00a7 37.2-314.3.\n\t\t“Temporary conservator” means a person appointed by a court for a limited duration of time as specified in the order of appointment.\n\t\t“Temporary guardian” means a person appointed by a court for a limited duration of time as specified in the order of appointment.\n\t\t“Transition plan” means the plan that is required as part of the IEP used to help students and families prepare for the future after the student reaches the age of majority.","order_by":null,"text":{"0":{"id":238039,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Advance directive” shall have the same meaning as provided in \u00a7 54.1-2982.\n\t\t“Annual report” means the report required to be filed by a guardian pursuant to \u00a7 64.2-2020.\n\t\t“Conservator” means a person appointed by the court who is responsible for managing the estate and financial affairs of an incapacitated person and, where the context plainly indicates, includes a “limited conservator” or a “temporary conservator.” “Conservator” includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public conservator pursuant to Article 6 (\u00a7 51.5-149 et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt charitable organization established pursuant to \u00a7 501(c)(3) of the Internal Revenue Code to provide conservatorial services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public conservator, it may also serve as a conservator for other individuals.\n\t\t“Estate” includes both real and personal property.\n\t\t“Facility” means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or mental retardation facility. When modified by the word “state,” “facility” means a state hospital or training center operated by the Department of Behavioral Health and Developmental Services, including the buildings and land associated with it.\n\t\t“Guardian” means a person appointed by the court who has the powers and duties set out in \u00a7 64.2-2019, or \u00a7 63.2-1609 if applicable, and who is responsible for the personal affairs of an incapacitated person, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education, therapeutic treatment, and, if not inconsistent with an order of involuntary admission, residence. Where the context plainly indicates, the term includes a “limited guardian” or a “temporary guardian.” The term includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public guardian pursuant to Article 6 (\u00a7 51.5-149 et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt charitable organization established pursuant to \u00a7 501(c)(3) of the Internal Revenue Code to provide guardian services to incapacitated persons. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public guardian, it may also serve as a guardian for other individuals.\n\t\t“Guardian ad litem” means an attorney appointed by the court to represent the interests of the respondent and whose duties include evaluation of the petition for guardianship or conservatorship and filing a report with the court pursuant to \u00a7 64.2-2003.\n\t\t“Incapacitated person” means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator. A finding that the individual displays poor judgment alone shall not be considered sufficient evidence that the individual is an incapacitated person within the meaning of this definition. A finding that a person is incapacitated shall be construed as a finding that the person is “mentally incompetent” as that term is used in Article II, Section 1 of the Constitution of Virginia and Title 24.2 unless the court order entered pursuant to this chapter specifically provides otherwise.\n\t\t“Individualized education plan” or “IEP” means a plan or program developed annually to ensure that a child who has a disability identified under the law and is attending an elementary or secondary educational institution receives specialized instruction and related services as provided by 20 U.S.C. \u00a7 1414.\n\t\t“Individual receiving services” or “individual” means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms “consumer,” “patient,” “resident,” “recipient,” or “client.”\n\t\t“Limited conservator” means a person appointed by the court who has only those responsibilities for managing the estate and financial affairs of an incapacitated person as specified in the order of appointment.\n\t\t“Limited guardian” means a person appointed by the court who has only those responsibilities for the personal affairs of an incapacitated person as specified in the order of appointment.\n\t\t“Mental illness” means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.\n\t\t“Petition” means the document filed with a circuit court to initiate a proceeding to appoint a guardian or conservator.\n\t\t“Power of attorney” has the same meaning ascribed to it in \u00a7 64.2-1600.\n\t\t“Property” includes both real and personal property.\n\t\t“Respondent” means an allegedly incapacitated person for whom a petition for guardianship or conservatorship has been filed.\n\t\t“Supported decision-making agreement” has the same meaning ascribed to it in \u00a7 37.2-314.3.\n\t\t“Temporary conservator” means a person appointed by a court for a limited duration of time as specified in the order of appointment.\n\t\t“Temporary guardian” means a person appointed by a court for a limited duration of time as specified in the order of appointment.\n\t\t“Transition plan” means the plan that is required as part of the IEP used to help students and families prepare for the future after the student reaches the age of majority.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15745,"edition_id":1,"name":"Appointment","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13267,"metadata":{},"date_created":"2026-06-26 03:58:48","date_modified":"2026-06-26 03:58:48","permalink":{"id":275497,"object_type":"structure","relational_id":15745,"identifier":"1","token":"64.2\/IV\/D\/20\/1","url":"\/64.2\/IV\/D\/20\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13267,"edition_id":1,"name":"Guardianship and Conservatorship","identifier":"20","label":"chapter","depth":4,"order_by":1,"parent_id":13266,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275495,"object_type":"structure","relational_id":13267,"identifier":"20","token":"64.2\/IV\/D\/20","url":"\/64.2\/IV\/D\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13266,"edition_id":1,"name":"Guardianship of Incapacitated Persons","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 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03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65465,"structure_id":15745,"section_number":"64.2-2000","catch_line":"Definitions","url":"\/64.2-2000\/","token":"64.2\/IV\/D\/20\/1\/64.2-2000","metadata":false},{"id":79945,"structure_id":15745,"section_number":"64.2-2000.1","catch_line":"Identifying information; separate confidential addendum","url":"\/64.2-2000.1\/","token":"64.2\/IV\/D\/20\/1\/64.2-2000.1","metadata":false},{"id":60482,"structure_id":15745,"section_number":"64.2-2001","catch_line":"Filing of petition; jurisdiction; instructions to be provided","url":"\/64.2-2001\/","token":"64.2\/IV\/D\/20\/1\/64.2-2001","metadata":false},{"id":82786,"structure_id":15745,"section_number":"64.2-2002","catch_line":"Who may file petition; contents","url":"\/64.2-2002\/","token":"64.2\/IV\/D\/20\/1\/64.2-2002","metadata":false},{"id":85439,"structure_id":15745,"section_number":"64.2-2003","catch_line":"Appointment of guardian ad litem","url":"\/64.2-2003\/","token":"64.2\/IV\/D\/20\/1\/64.2-2003","metadata":false},{"id":85666,"structure_id":15745,"section_number":"64.2-2004","catch_line":"Notice of hearing; jurisdictional","url":"\/64.2-2004\/","token":"64.2\/IV\/D\/20\/1\/64.2-2004","metadata":false},{"id":70547,"structure_id":15745,"section_number":"64.2-2005","catch_line":"Evaluation report; filed in separate confidential addendum","url":"\/64.2-2005\/","token":"64.2\/IV\/D\/20\/1\/64.2-2005","metadata":false},{"id":62045,"structure_id":15745,"section_number":"64.2-2006","catch_line":"Counsel for respondent","url":"\/64.2-2006\/","token":"64.2\/IV\/D\/20\/1\/64.2-2006","metadata":false},{"id":79330,"structure_id":15745,"section_number":"64.2-2007","catch_line":"Hearing on petition to appoint","url":"\/64.2-2007\/","token":"64.2\/IV\/D\/20\/1\/64.2-2007","metadata":false},{"id":74643,"structure_id":15745,"section_number":"64.2-2008","catch_line":"Fees and costs","url":"\/64.2-2008\/","token":"64.2\/IV\/D\/20\/1\/64.2-2008","metadata":false},{"id":65289,"structure_id":15745,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","url":"\/64.2-2009\/","token":"64.2\/IV\/D\/20\/1\/64.2-2009","metadata":false},{"id":61429,"structure_id":15745,"section_number":"64.2-2009.1","catch_line":"Periodic review hearings","url":"\/64.2-2009.1\/","token":"64.2\/IV\/D\/20\/1\/64.2-2009.1","metadata":false},{"id":75048,"structure_id":15745,"section_number":"64.2-2010","catch_line":"Eligibility for public guardian or conservator","url":"\/64.2-2010\/","token":"64.2\/IV\/D\/20\/1\/64.2-2010","metadata":false},{"id":67049,"structure_id":15745,"section_number":"64.2-2011","catch_line":"Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate","url":"\/64.2-2011\/","token":"64.2\/IV\/D\/20\/1\/64.2-2011","metadata":false},{"id":76117,"structure_id":15745,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","url":"\/64.2-2012\/","token":"64.2\/IV\/D\/20\/1\/64.2-2012","metadata":false},{"id":71543,"structure_id":15745,"section_number":"64.2-2013","catch_line":"Standby guardianship or conservatorship for incapacitated persons","url":"\/64.2-2013\/","token":"64.2\/IV\/D\/20\/1\/64.2-2013","metadata":false},{"id":61902,"structure_id":15745,"section_number":"64.2-2014","catch_line":"Clerk to index findings of incapacity or restoration; notice of findings","url":"\/64.2-2014\/","token":"64.2\/IV\/D\/20\/1\/64.2-2014","metadata":false},{"id":64482,"structure_id":15745,"section_number":"64.2-2015","catch_line":"When no guardian or conservator appointed within one month of adjudication","url":"\/64.2-2015\/","token":"64.2\/IV\/D\/20\/1\/64.2-2015","metadata":false},{"id":70686,"structure_id":15745,"section_number":"64.2-2016","catch_line":"Trustees for incapacitated veterans and their beneficiaries","url":"\/64.2-2016\/","token":"64.2\/IV\/D\/20\/1\/64.2-2016","metadata":false},{"id":74363,"structure_id":15745,"section_number":"64.2-2017","catch_line":"Payments from U.S. Department of Veterans Affairs","url":"\/64.2-2017\/","token":"64.2\/IV\/D\/20\/1\/64.2-2017","metadata":false},{"id":86614,"structure_id":15745,"section_number":"64.2-2018","catch_line":"Taking of bond by clerk of court","url":"\/64.2-2018\/","token":"64.2\/IV\/D\/20\/1\/64.2-2018","metadata":false}],"next_section":{"id":79945,"structure_id":15745,"section_number":"64.2-2000.1","catch_line":"Identifying information; separate confidential addendum","url":"\/64.2-2000.1\/","token":"64.2\/IV\/D\/20\/1\/64.2-2000.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2000\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 921<\/a> 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. 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 1998, chapters 582<\/a> and 787<\/a>; in 2004, chapter 858<\/a>; in 2005, chapter 716<\/a>; in 2006, chapter 724<\/a>; in 2012, chapters 614<\/a>, 803<\/a>, and 835<\/a>; in 2020, chapter 855<\/a>.<\/p>","references":[{"id":86450,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","order_by":null,"url":"\/18.2-308.1_2\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":67299,"section_number":"2.2-1839","catch_line":"Risk management plans administered by the Department of the Treasury's Risk Management Division for political subdivisions, constitutional officers, etc","order_by":null,"url":"\/2.2-1839\/"},{"id":66137,"section_number":"24.2-232","catch_line":"Vacancy occurring when officer determined \"mentally incompetent\" (incapacitated)","order_by":null,"url":"\/24.2-232\/"},{"id":60149,"section_number":"24.2-410","catch_line":"Clerks of circuit courts to furnish lists of certain adjudications","order_by":null,"url":"\/24.2-410\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":60700,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","order_by":null,"url":"\/32.1-309.1\/"},{"id":62149,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","order_by":null,"url":"\/37.2-717\/"},{"id":73953,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","order_by":null,"url":"\/37.2-805.1\/"},{"id":77576,"section_number":"46.2-400","catch_line":"Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court","order_by":null,"url":"\/46.2-400\/"},{"id":76625,"section_number":"51.5-149","catch_line":"Policy statement; Virginia Public Guardian and Conservator Program established; definitions","order_by":null,"url":"\/51.5-149\/"},{"id":67964,"section_number":"51.5-149.1","catch_line":"Public Guardian and Conservator Advisory Board; purpose; membership; terms","order_by":null,"url":"\/51.5-149.1\/"},{"id":78661,"section_number":"51.5-149.2","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/51.5-149.2\/"},{"id":75008,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","order_by":null,"url":"\/54.1-2807.02\/"},{"id":84765,"section_number":"54.1-2818.1","catch_line":"Prerequisites for cremation","order_by":null,"url":"\/54.1-2818.1\/"},{"id":79569,"section_number":"54.1-2818.5","catch_line":"Request for life insurance information; notification of beneficiaries","order_by":null,"url":"\/54.1-2818.5\/"},{"id":86736,"section_number":"54.1-2976","catch_line":"Sterilization operations for certain adults incapable of informed consent","order_by":null,"url":"\/54.1-2976\/"},{"id":55650,"section_number":"58.1-3015","catch_line":"To whom property generally shall be taxed and by whom listed","order_by":null,"url":"\/58.1-3015\/"},{"id":67425,"section_number":"59.1-444.3","catch_line":"Security freezes for protected consumers","order_by":null,"url":"\/59.1-444.3\/"},{"id":75177,"section_number":"63.2-104.1","catch_line":"Confidentiality of records of persons receiving domestic and sexual violence services","order_by":null,"url":"\/63.2-104.1\/"},{"id":77550,"section_number":"63.2-1608","catch_line":"Involuntary adult protective services","order_by":null,"url":"\/63.2-1608\/"},{"id":64804,"section_number":"63.2-1609","catch_line":"Emergency order for adult protective services","order_by":null,"url":"\/63.2-1609\/"},{"id":67884,"section_number":"64.2-116","catch_line":"Definitions","order_by":null,"url":"\/64.2-116\/"},{"id":62470,"section_number":"64.2-1208","catch_line":"Expenses and commissions allowed fiduciaries","order_by":null,"url":"\/64.2-1208\/"},{"id":76326,"section_number":"64.2-128","catch_line":"Disclosure of digital assets to conservator or guardian of protected person","order_by":null,"url":"\/64.2-128\/"},{"id":84540,"section_number":"64.2-1417","catch_line":"How judgment may be entered against personal representative, conservator, or committee","order_by":null,"url":"\/64.2-1417\/"},{"id":65308,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","order_by":null,"url":"\/64.2-1426\/"},{"id":87329,"section_number":"64.2-1614","catch_line":"Judicial relief","order_by":null,"url":"\/64.2-1614\/"},{"id":77383,"section_number":"64.2-2100","catch_line":"Definitions","order_by":null,"url":"\/64.2-2100\/"},{"id":57609,"section_number":"64.2-2115","catch_line":"Accepting guardianship or conservatorship transferred from another state","order_by":null,"url":"\/64.2-2115\/"},{"id":84393,"section_number":"65.2-525","catch_line":"Who may receive payment and receipt therefor","order_by":null,"url":"\/65.2-525\/"},{"id":80120,"section_number":"8.01-2","catch_line":"General definitions for this title","order_by":null,"url":"\/8.01-2\/"},{"id":72216,"section_number":"8.01-68","catch_line":"Jurisdiction","order_by":null,"url":"\/8.01-68\/"},{"id":61210,"section_number":"9.1-193","catch_line":"Mental health awareness response and community understanding services (Marcus) alert system; law-enforcement protocols","order_by":null,"url":"\/9.1-193\/"}],"refers_to":[{"id":85328,"section_number":"37.2-314.3","catch_line":"Powers and duties of the Department related to supported decision-making agreements; report","order_by":null,"url":"\/37.2-314.3\/"},{"id":76625,"section_number":"51.5-149","catch_line":"Policy statement; Virginia Public Guardian and Conservator Program established; definitions","order_by":null,"url":"\/51.5-149\/"},{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"},{"id":64804,"section_number":"63.2-1609","catch_line":"Emergency order for adult protective services","order_by":null,"url":"\/63.2-1609\/"},{"id":68410,"section_number":"64.2-1600","catch_line":"Definitions","order_by":null,"url":"\/64.2-1600\/"},{"id":85439,"section_number":"64.2-2003","catch_line":"Appointment of guardian ad litem","order_by":null,"url":"\/64.2-2003\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"},{"id":58544,"section_number":"64.2-2020","catch_line":"Annual reports by guardians","order_by":null,"url":"\/64.2-2020\/"}],"permalink":{"id":275499,"object_type":"law","relational_id":65465,"identifier":"64.2-2000","token":"64.2\/IV\/D\/20\/1\/64.2-2000","url":"\/64.2-2000\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2000\/","token":"64.2\/IV\/D\/20\/1\/64.2-2000","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2000","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Advance directive” shall have the same meaning as provided in \u00a7 54.1-2982<\/a>.\n\t\t“Annual report<\/span>” means the report required to be filed by a guardian pursuant to \u00a7 64.2-2020<\/a>.\n\t\t“Conservator” means a person appointed by the court who is responsible for managing the estate<\/span> and financial affairs of an incapacitated person<\/span> and, where the context plainly indicates, includes a “limited conservator<\/span>” or a “temporary conservator<\/span>.” “Conservator” includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public conservator pursuant to Article 6 (\u00a7 51.5-149<\/a> et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt charitable organization established pursuant to \u00a7 501(c)(3) of the Internal Revenue Code to provide conservatorial services to incapacitated persons<\/span>. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person<\/span>. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public conservator, it may also serve as a conservator for other individuals<\/span>.\n\t\t“Estate<\/span>” includes both real and personal property<\/span>.\n\t\t“Facility<\/span>” means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or mental retardation facility<\/span>. When modified by the word “state,” “facility<\/span>” means a state hospital or training center operated by the Department of Behavioral Health and Developmental Services, including the buildings and land associated with it.\n\t\t“Guardian” means a person appointed by the court who has the powers and duties set out in \u00a7 64.2-2019<\/a>, or \u00a7 63.2-1609<\/a> if applicable, and who is responsible for the personal affairs of an incapacitated person<\/span>, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education, therapeutic treatment, and, if not inconsistent with an order of involuntary admission, residence. Where the context plainly indicates, the term includes a “limited guardian<\/span>” or a “temporary guardian<\/span>.” The term includes (i) a local or regional program designated by the Department for Aging and Rehabilitative Services as a public guardian pursuant to Article 6 (\u00a7 51.5-149<\/a> et seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt charitable organization established pursuant to \u00a7 501(c)(3) of the Internal Revenue Code to provide guardian services to incapacitated persons<\/span>. Such tax-exempt charitable organization shall not be a provider of direct services to the incapacitated person<\/span>. If a tax-exempt charitable organization has been designated by the Department for Aging and Rehabilitative Services as a public guardian, it may also serve as a guardian for other individuals<\/span>.\n\t\t“Guardian ad litem<\/span>” means an attorney appointed by the court to represent the interests of the respondent<\/span> and whose duties include evaluation of the petition<\/span> for guardianship or conservatorship and filing a report with the court pursuant to \u00a7 64.2-2003<\/a>.\n\t\t“Incapacitated person<\/span>” means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property<\/span> or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator. A finding<\/span> that the individual displays poor judgment<\/span> alone shall not be considered sufficient evidence<\/span> that the individual is an incapacitated person<\/span> within the meaning of this definition. A finding<\/span> that a person is incapacitated shall be construed as a finding<\/span> that the person is “mentally incompetent<\/span>” as that term is used in Article II, Section 1 of the Constitution of Virginia and Title 24.2 unless the court order<\/span> entered pursuant to this chapter specifically provides otherwise.\n\t\t“Individualized education plan<\/span>” or “IEP<\/span>” means a plan or program developed annually to ensure that a child who has a disability identified under the law<\/span> and is attending an elementary or secondary educational institution receives specialized instruction and related services as provided by 20 U.S.C. \u00a7 1414.\n\t\t“Individual receiving services<\/span>” or “individual” means a current direct recipient of public or private mental health, developmental, or substance abuse treatment<\/span>, rehabilitation, or habilitation services and includes the terms “consumer,” “patient,” “resident,” “recipient,” or “client.”\n\t\t“Limited conservator<\/span>” means a person appointed by the court who has only those responsibilities for managing the estate<\/span> and financial affairs of an incapacitated person<\/span> as specified in the order of appointment.\n\t\t“Limited guardian<\/span>” means a person appointed by the court who has only those responsibilities for the personal affairs of an incapacitated person<\/span> as specified in the order of appointment.\n\t\t“Mental illness<\/span>” means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment<\/span>, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others.\n\t\t“Petition<\/span>” means the document filed with a circuit<\/span> court to initiate a proceeding to appoint a guardian or conservator.\n\t\t“Power of attorney<\/span>” has the same meaning ascribed to it in \u00a7 64.2-1600<\/a>.\n\t\t“Property<\/span>” includes both real and personal property<\/span>.\n\t\t“Respondent<\/span>” means an allegedly incapacitated person<\/span> for whom a petition<\/span> for guardianship or conservatorship has been filed.\n\t\t“Supported decision-making agreement” has the same meaning ascribed to it in \u00a7 37.2-314.3<\/a>.\n\t\t“Temporary conservator<\/span>” means a person appointed by a court for a limited duration of time as specified in the order of appointment.\n\t\t“Temporary guardian<\/span>” means a person appointed by a court for a limited duration of time as specified in the order of appointment.\n\t\t“Transition plan<\/span>” means the plan that is required as part of the IEP<\/span> used to help students and families prepare for the future after the student reaches the age of majority.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 64.2-2000)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Advance directive” shall have the same meaning as provided in \u00a7\n54.1-2982.\n\t\t“Annual report” means the report required to be filed by a\nguardian pursuant to \u00a7 64.2-2020.\n\t\t“Conservator” means a person appointed by the court who is\nresponsible for managing the estate and financial affairs of an incapacitated\nperson and, where the context plainly indicates, includes a “limited\nconservator” or a “temporary conservator.”\n“Conservator” includes (i) a local or regional program designated by\nthe Department for Aging and Rehabilitative Services as a public conservator\npursuant to Article 6 (\u00a7 51.5-149 et seq.) of Chapter 14 of Title 51.5 or (ii)\nany local or regional tax-exempt charitable organization established pursuant to\n\u00a7 501(c)(3) of the Internal Revenue Code to provide conservatorial services to\nincapacitated persons. Such tax-exempt charitable organization shall not be a\nprovider of direct services to the incapacitated person. If a tax-exempt\ncharitable organization has been designated by the Department for Aging and\nRehabilitative Services as a public conservator, it may also serve as a\nconservator for other individuals.\n\t\t“Estate” includes both real and personal property.\n\t\t“Facility” means a state or licensed hospital, training center,\npsychiatric hospital, or other type of residential or outpatient mental health\nor mental retardation facility. When modified by the word “state,”\n“facility” means a state hospital or training center operated by the\nDepartment of Behavioral Health and Developmental Services, including the\nbuildings and land associated with it.\n\t\t“Guardian” means a person appointed by the court who has the\npowers and duties set out in \u00a7 64.2-2019, or \u00a7 63.2-1609 if applicable, and\nwho is responsible for the personal affairs of an incapacitated person,\nincluding responsibility for making decisions regarding the person’s\nsupport, care, health, safety, habilitation, education, therapeutic treatment,\nand, if not inconsistent with an order of involuntary admission, residence.\nWhere the context plainly indicates, the term includes a “limited\nguardian” or a “temporary guardian.” The term includes (i) a\nlocal or regional program designated by the Department for Aging and\nRehabilitative Services as a public guardian pursuant to Article 6 (\u00a7 51.5-149\net seq.) of Chapter 14 of Title 51.5 or (ii) any local or regional tax-exempt\ncharitable organization established pursuant to \u00a7 501(c)(3) of the Internal\nRevenue Code to provide guardian services to incapacitated persons. Such\ntax-exempt charitable organization shall not be a provider of direct services to\nthe incapacitated person. If a tax-exempt charitable organization has been\ndesignated by the Department for Aging and Rehabilitative Services as a public\nguardian, it may also serve as a guardian for other individuals.\n\t\t“Guardian ad litem” means an attorney appointed by the court to\nrepresent the interests of the respondent and whose duties include evaluation of\nthe petition for guardianship or conservatorship and filing a report with the\ncourt pursuant to \u00a7 64.2-2003.\n\t\t“Incapacitated person” means an adult who has been found by a\ncourt to be incapable of receiving and evaluating information effectively or\nresponding to people, events, or environments to such an extent that the\nindividual lacks the capacity to (i) meet the essential requirements for his\nhealth, care, safety, or therapeutic needs without the assistance or protection\nof a guardian or (ii) manage property or financial affairs or provide for his\nsupport or for the support of his legal dependents without the assistance or\nprotection of a conservator. A finding that the individual displays poor\njudgment alone shall not be considered sufficient evidence that the individual\nis an incapacitated person within the meaning of this definition. A finding that\na person is incapacitated shall be construed as a finding that the person is\n“mentally incompetent” as that term is used in Article II, Section 1\nof the Constitution of Virginia and Title 24.2 unless the court order entered\npursuant to this chapter specifically provides otherwise.\n\t\t“Individualized education plan” or “IEP” means a plan\nor program developed annually to ensure that a child who has a disability\nidentified under the law and is attending an elementary or secondary educational\ninstitution receives specialized instruction and related services as provided by\n20 U.S.C. \u00a7 1414.\n\t\t“Individual receiving services” or “individual” means\na current direct recipient of public or private mental health, developmental, or\nsubstance abuse treatment, rehabilitation, or habilitation services and includes\nthe terms “consumer,” “patient,” “resident,”\n“recipient,” or “client.”\n\t\t“Limited conservator” means a person appointed by the court who\nhas only those responsibilities for managing the estate and financial affairs of\nan incapacitated person as specified in the order of appointment.\n\t\t“Limited guardian” means a person appointed by the court who has\nonly those responsibilities for the personal affairs of an incapacitated person\nas specified in the order of appointment.\n\t\t“Mental illness” means a disorder of thought, mood, emotion,\nperception, or orientation that significantly impairs judgment, behavior,\ncapacity to recognize reality, or ability to address basic life necessities and\nrequires care and treatment for the health, safety, or recovery of the\nindividual or for the safety of others.\n\t\t“Petition” means the document filed with a circuit court to\ninitiate a proceeding to appoint a guardian or conservator.\n\t\t“Power of attorney” has the same meaning ascribed to it in \u00a7\n64.2-1600.\n\t\t“Property” includes both real and personal property.\n\t\t“Respondent” means an allegedly incapacitated person for whom a\npetition for guardianship or conservatorship has been filed.\n\t\t“Supported decision-making agreement” has the same meaning\nascribed to it in \u00a7 37.2-314.3.\n\t\t“Temporary conservator” means a person appointed by a court for a\nlimited duration of time as specified in the order of appointment.\n\t\t“Temporary guardian” means a person appointed by a court for a\nlimited duration of time as specified in the order of appointment.\n\t\t“Transition plan” means the plan that is required as part of the\nIEP used to help students and families prepare for the future after the student\nreaches the age of majority.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.6; 1998, cc. 582, 787; 2004, c. 858; 2005, c.\n716, \u00a7 37.2-1000; 2006, c. 724; 2012, cc. 614, 803, 835; 2020, c. 855; 2021,\nSp. Sess. I, c. 232.","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}}