{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2001.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2001.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2001.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2001.html"}],"law_id":60482,"edition_id":1,"section_id":60482,"structure_id":15745,"section_number":"64.2-2001","catch_line":"Filing of petition; jurisdiction; instructions to be provided","history":"1997, c. 921, \u00a7 37.1-134.7; 2001, c. 274; 2002, c. 736; 2005, c. 716, \u00a7 37.2-1001; 2006, c. 552; 2011, c. 518; 2012, c. 614; 2013, c. 523; 2016, c. 31.","full_text":"A\n\nA petition for the appointment of a guardian or conservator shall be filed with the circuit court of the county or city in which the respondent is a resident or is located or in which the respondent resided immediately prior to becoming a patient, voluntarily or involuntarily, in a hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123, or a resident in a nursing facility or nursing home, convalescent home, assisted living facility as defined in § 63.2-100, or any other similar institution or, if the petition is for the appointment of a conservator for a nonresident with property in the state, in the city or county in which the respondent’s property is located.B\n\nArticle 2 (§ 64.2-2105 et seq.) of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides the exclusive jurisdictional basis for a court of the Commonwealth to appoint a guardian or conservator for an adult.C\n\nWhere the petition is brought by a parent or guardian of a respondent who is under the age of 18, or by any other person and there is no living parent or guardian of a respondent who is under the age of 18, the petition may be filed no earlier than six months prior to the respondent’s eighteenth birthday. Where such a petition is brought, a court may enter an order appointing the parent or guardian of the respondent, or other person if there is no living parent or guardian, as guardian or conservator prior to the respondent’s eighteenth birthday. Such order shall specify whether it takes effect immediately upon entry or on the respondent’s eighteenth birthday. Where the petition is brought by any other person and there is a living parent or guardian of a respondent who is under the age of 18, the petition may be filed no earlier than the respondent’s eighteenth birthday.D\n\nInstructions regarding the duties, powers, and liabilities of guardians and conservators shall be provided to each clerk of court by the Office of the Executive Secretary of the Supreme Court, and the clerk shall provide such information to each guardian and conservator upon notice of appointment.E\n\nThe circuit court in which the proceeding is first commenced may order a transfer of venue if it would be in the best interest of the respondent.","order_by":null,"text":{"0":{"id":221145,"text":"A petition for the appointment of a guardian or conservator shall be filed with the circuit court of the county or city in which the respondent is a resident or is located or in which the respondent resided immediately prior to becoming a patient, voluntarily or involuntarily, in a hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123, or a resident in a nursing facility or nursing home, convalescent home, assisted living facility as defined in § 63.2-100, or any other similar institution or, if the petition is for the appointment of a conservator for a nonresident with property in the state, in the city or county in which the respondent’s property is located.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221146,"text":"Article 2 (§ 64.2-2105 et seq.) of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides the exclusive jurisdictional basis for a court of the Commonwealth to appoint a guardian or conservator for an adult.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221147,"text":"Where the petition is brought by a parent or guardian of a respondent who is under the age of 18, or by any other person and there is no living parent or guardian of a respondent who is under the age of 18, the petition may be filed no earlier than six months prior to the respondent’s eighteenth birthday. Where such a petition is brought, a court may enter an order appointing the parent or guardian of the respondent, or other person if there is no living parent or guardian, as guardian or conservator prior to the respondent’s eighteenth birthday. Such order shall specify whether it takes effect immediately upon entry or on the respondent’s eighteenth birthday. Where the petition is brought by any other person and there is a living parent or guardian of a respondent who is under the age of 18, the petition may be filed no earlier than the respondent’s eighteenth birthday.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221148,"text":"Instructions regarding the duties, powers, and liabilities of guardians and conservators shall be provided to each clerk of court by the Office of the Executive Secretary of the Supreme Court, and the clerk shall provide such information to each guardian and conservator upon notice of appointment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221149,"text":"The circuit court in which the proceeding is first commenced may order a transfer of venue if it would be in the best interest of the respondent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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 03:44:33","permalink":{"id":275493,"object_type":"structure","relational_id":13266,"identifier":"D","token":"64.2\/IV\/D","url":"\/64.2\/IV\/D\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2001\/","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 8 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 2001, chapter 274<\/a>; in 2002, chapter 736<\/a>; in 2005, chapter 716<\/a>; in 2006, chapter 552<\/a>; in 2011, chapter 518<\/a>; in 2012, chapter 614<\/a>; in 2013, chapter 523<\/a>; in 2016, chapter 31<\/a>.<\/p>","references":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":65289,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","order_by":null,"url":"\/64.2-2009\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":67419,"section_number":"64.2-2105","catch_line":"Definitions; significant connection factors","order_by":null,"url":"\/64.2-2105\/"}],"permalink":{"id":275507,"object_type":"law","relational_id":60482,"identifier":"64.2-2001","token":"64.2\/IV\/D\/20\/1\/64.2-2001","url":"\/64.2-2001\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2001\/","token":"64.2\/IV\/D\/20\/1\/64.2-2001","dublin_core":{"Title":"Filing of petition; jurisdiction; instructions to be provided","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2001","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A petition<\/span> for the appointment of a guardian<\/span> or conservator<\/span> shall be filed with the circuit<\/span> court<\/span> of the county or city in which the respondent<\/span> is a resident or is located or in which the respondent<\/span> resided immediately prior to becoming a patient, voluntarily or involuntarily, in a hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123<\/a>, or a resident in a nursing facility<\/span> or nursing home, convalescent home, assisted living facility<\/span> as defined in § 63.2-100<\/a>, or any other similar institution or, if the petition<\/span> is for the appointment of a conservator<\/span> for a nonresident with property<\/span> in the state, in the city or county in which the respondent<\/span>’s property<\/span> is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Article 2 (§ 64.2-2105<\/a> et seq.) of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction<\/span> Act provides the exclusive jurisdictional basis for a court<\/span> of the Commonwealth to appoint a guardian<\/span> or conservator<\/span> for an adult. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the petition<\/span> is brought by a parent or guardian<\/span> of a respondent<\/span> who is under the age of 18, or by any other person and there is no living parent or guardian<\/span> of a respondent<\/span> who is under the age of 18, the petition<\/span> may be filed no earlier than six months prior to the respondent<\/span>’s eighteenth birthday. Where such a petition<\/span> is brought, a court<\/span> may enter an order<\/span> appointing the parent or guardian<\/span> of the respondent<\/span>, or other person if there is no living parent or guardian<\/span>, as guardian<\/span> or conservator<\/span> prior to the respondent<\/span>’s eighteenth birthday. Such order<\/span> shall specify whether it takes effect immediately upon entry or on the respondent<\/span>’s eighteenth birthday. Where the petition<\/span> is brought by any other person and there is a living parent or guardian<\/span> of a respondent<\/span> who is under the age of 18, the petition<\/span> may be filed no earlier than the respondent<\/span>’s eighteenth birthday. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Instructions regarding the duties, powers, and liabilities of guardians<\/span> and conservators<\/span> shall be provided to each clerk of court<\/span> by the Office of the Executive Secretary of the Supreme Court, and the clerk shall provide such information to each guardian<\/span> and conservator<\/span> upon notice of appointment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The circuit<\/span> court in which the proceeding is first commenced may order<\/span> a transfer of venue<\/span> if it would be in the best interest of the respondent<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFILING OF PETITION; JURISDICTION; INSTRUCTIONS TO BE PROVIDED (\u00a7 64.2-2001)\n\nA. A petition for the appointment of a guardian or conservator shall be filed\nwith the circuit court of the county or city in which the respondent is a\nresident or is located or in which the respondent resided immediately prior to\nbecoming a patient, voluntarily or involuntarily, in a hospital, including a\nhospital licensed by the Department of Health pursuant to § 32.1-123, or a\nresident in a nursing facility or nursing home, convalescent home, assisted\nliving facility as defined in § 63.2-100, or any other similar institution\nor, if the petition is for the appointment of a conservator for a nonresident\nwith property in the state, in the city or county in which the\nrespondent’s property is located.\n\nB. Article 2 (§ 64.2-2105 et seq.) of the Uniform Adult Guardianship and\nProtective Proceedings Jurisdiction Act provides the exclusive jurisdictional\nbasis for a court of the Commonwealth to appoint a guardian or conservator for\nan adult.\n\nC. Where the petition is brought by a parent or guardian of a respondent who is\nunder the age of 18, or by any other person and there is no living parent or\nguardian of a respondent who is under the age of 18, the petition may be filed\nno earlier than six months prior to the respondent’s eighteenth birthday.\nWhere such a petition is brought, a court may enter an order appointing the\nparent or guardian of the respondent, or other person if there is no living\nparent or guardian, as guardian or conservator prior to the respondent’s\neighteenth birthday. Such order shall specify whether it takes effect\nimmediately upon entry or on the respondent’s eighteenth birthday. Where\nthe petition is brought by any other person and there is a living parent or\nguardian of a respondent who is under the age of 18, the petition may be filed\nno earlier than the respondent’s eighteenth birthday.\n\nD. Instructions regarding the duties, powers, and liabilities of guardians and\nconservators shall be provided to each clerk of court by the Office of the\nExecutive Secretary of the Supreme Court, and the clerk shall provide such\ninformation to each guardian and conservator upon notice of appointment.\n\nE. The circuit court in which the proceeding is first commenced may order a\ntransfer of venue if it would be in the best interest of the respondent.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.7; 2001, c. 274; 2002, c. 736; 2005, c. 716,\n\u00a7 37.2-1001; 2006, c. 552; 2011, c. 518; 2012, c. 614; 2013, c. 523; 2016, c.\n31.","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}}