{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2003.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2003.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2003.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2003.html"}],"law_id":85439,"edition_id":1,"section_id":85439,"structure_id":15745,"section_number":"64.2-2003","catch_line":"Appointment of guardian ad litem","history":"1997, c. 921, \u00a7 37.1-134.9; 2004, cc. 66, 1014; 2005, c. 716, \u00a7 37.2-1003; 2012, c. 614; 2020, cc. 581, 855; 2021, Sp. Sess. I, c. 232; 2022, cc. 243, 381; 2023, cc. 176, 260, 261; 2024, c. 588.","full_text":"A\n\nOn the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent. The guardian ad litem shall be paid a fee that is fixed by the court to be paid by the petitioner or taxed as costs, as the court directs.B\n\nDuties of the guardian ad litem include (i) personally visiting the respondent; (ii) advising the respondent of rights pursuant to §§ 64.2-2006 and 64.2-2007 and certifying to the court that the respondent has been so advised; (iii) recommending that legal counsel be appointed for the respondent, pursuant to § 64.2-2006, if the guardian ad litem believes that counsel for the respondent is necessary; (iv) notifying the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel; (v) investigating the petition and evidence, requesting additional evaluation if necessary, considering whether a less restrictive alternative to guardianship or conservatorship is available, including the use of an advance directive, supported decision-making agreement, or durable power of attorney, and filing a report pursuant to subsection C; (vi) making a good faith effort to consult directly with the respondent’s primary health care provider, if any, unless the evaluation report required by § 64.2-2005 is prepared in whole or in part by such provider; and (vii) personally appearing at all court proceedings and conferences. If the respondent is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP) and transition plan, the guardian ad litem shall review such IEP and transition plan and include the results of his review in the report required by clause (v).C\n\nIn the report required by clause (v) of subsection B, the guardian ad litem shall address the following major areas of concern: (i) whether the court has jurisdiction; (ii) whether a guardian or conservator is needed based on evaluations and reviews conducted pursuant to subsection B; (iii) the extent of the duties and powers of the guardian or conservator; (iv) the propriety and suitability of the person selected as guardian or conservator after consideration of (a) the person’s geographic location, (b) the person’s familial or other relationship with the respondent, (c) the person’s ability to carry out the powers and duties of the office, (d) the person’s commitment to promoting the respondent’s welfare, (e) any potential conflicts of interests, (f) whether the person works as a professional guardian on a full-time basis, (g) the person’s expected capacity as a guardian, (h) the wishes of the respondent, (i) the recommendations of relatives, and (j) whether the person is named as a perpetrator in any substantiated adult protective services complaint involving the respondent following allegations of abuse or neglect; (v) a recommendation as to the amount of surety on the conservator’s bond, if any; and (vi) consideration of proper residential placement of the respondent. The report shall also contain an explanation by the guardian ad litem as to any (a) decision not to recommend the appointment of counsel for the respondent, (b) determination that a less restrictive alternative to guardianship or conservatorship is not advisable, and (c) determination that appointment of a limited guardian or conservator is not appropriate. If the guardian ad litem was unable to consult directly with the respondent’s primary health care provider, such information shall also be included in such report.D\n\nAny individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any (i) health care provider, local school division, or local department of social services; (ii) criminal justice agency as that term is defined in § 9.1-101, unless the disclosure of such information, records, or reports would impede an ongoing criminal investigation or proceeding; and (iii) financial institution as that term is defined in § 6.2-100, investment advisor as that term is defined in § 13.1-501, or other financial service provider shall disclose or make available to the guardian ad litem, upon request, any information, records, and reports concerning the respondent that the guardian ad litem determines necessary to perform his duties under this section to the extent allowed under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and 12 U.S.C. § 3403. The request from the guardian ad litem shall be accompanied by a copy of the court order (a) appointing the guardian ad litem for the respondent and (b) that allows the release of the respondent’s nonpublic personal information to the guardian ad litem. All such information, records, and reports shall be provided to the guardian ad litem at no charge. Disclosures, records, and reports can be provided in electronic form to the guardian ad litem and may be accompanied by a statement of expenses or an invoice, which shall be filed with the report of the guardian ad litem to be considered by the court when awarding costs among the parties pursuant to § 64.2-2008. Absent gross negligence or willful misconduct, the person or entity making disclosures, and their staff, shall be immune from civil or criminal liability for providing information or records to a court-appointed guardian ad litem pursuant to this section.","order_by":null,"text":{"0":{"id":306077,"text":"On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent. The guardian ad litem shall be paid a fee that is fixed by the court to be paid by the petitioner or taxed as costs, as the court directs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306078,"text":"Duties of the guardian ad litem include (i) personally visiting the respondent; (ii) advising the respondent of rights pursuant to §§ 64.2-2006 and 64.2-2007 and certifying to the court that the respondent has been so advised; (iii) recommending that legal counsel be appointed for the respondent, pursuant to § 64.2-2006, if the guardian ad litem believes that counsel for the respondent is necessary; (iv) notifying the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel; (v) investigating the petition and evidence, requesting additional evaluation if necessary, considering whether a less restrictive alternative to guardianship or conservatorship is available, including the use of an advance directive, supported decision-making agreement, or durable power of attorney, and filing a report pursuant to subsection C; (vi) making a good faith effort to consult directly with the respondent’s primary health care provider, if any, unless the evaluation report required by § 64.2-2005 is prepared in whole or in part by such provider; and (vii) personally appearing at all court proceedings and conferences. If the respondent is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP) and transition plan, the guardian ad litem shall review such IEP and transition plan and include the results of his review in the report required by clause (v).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306079,"text":"In the report required by clause (v) of subsection B, the guardian ad litem shall address the following major areas of concern: (i) whether the court has jurisdiction; (ii) whether a guardian or conservator is needed based on evaluations and reviews conducted pursuant to subsection B; (iii) the extent of the duties and powers of the guardian or conservator; (iv) the propriety and suitability of the person selected as guardian or conservator after consideration of (a) the person’s geographic location, (b) the person’s familial or other relationship with the respondent, (c) the person’s ability to carry out the powers and duties of the office, (d) the person’s commitment to promoting the respondent’s welfare, (e) any potential conflicts of interests, (f) whether the person works as a professional guardian on a full-time basis, (g) the person’s expected capacity as a guardian, (h) the wishes of the respondent, (i) the recommendations of relatives, and (j) whether the person is named as a perpetrator in any substantiated adult protective services complaint involving the respondent following allegations of abuse or neglect; (v) a recommendation as to the amount of surety on the conservator’s bond, if any; and (vi) consideration of proper residential placement of the respondent. The report shall also contain an explanation by the guardian ad litem as to any (a) decision not to recommend the appointment of counsel for the respondent, (b) determination that a less restrictive alternative to guardianship or conservatorship is not advisable, and (c) determination that appointment of a limited guardian or conservator is not appropriate. If the guardian ad litem was unable to consult directly with the respondent’s primary health care provider, such information shall also be included in such report.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306080,"text":"Any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any (i) health care provider, local school division, or local department of social services; (ii) criminal justice agency as that term is defined in § 9.1-101, unless the disclosure of such information, records, or reports would impede an ongoing criminal investigation or proceeding; and (iii) financial institution as that term is defined in § 6.2-100, investment advisor as that term is defined in § 13.1-501, or other financial service provider shall disclose or make available to the guardian ad litem, upon request, any information, records, and reports concerning the respondent that the guardian ad litem determines necessary to perform his duties under this section to the extent allowed under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and 12 U.S.C. § 3403. The request from the guardian ad litem shall be accompanied by a copy of the court order (a) appointing the guardian ad litem for the respondent and (b) that allows the release of the respondent’s nonpublic personal information to the guardian ad litem. All such information, records, and reports shall be provided to the guardian ad litem at no charge. Disclosures, records, and reports can be provided in electronic form to the guardian ad litem and may be accompanied by a statement of expenses or an invoice, which shall be filed with the report of the guardian ad litem to be considered by the court when awarding costs among the parties pursuant to § 64.2-2008. Absent gross negligence or willful misconduct, the person or entity making disclosures, and their staff, shall be immune from civil or criminal liability for providing information or records to a court-appointed guardian ad litem pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2003\/","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 7 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 2004, chapters 66<\/a> and 1014<\/a>; in 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>; in 2020, chapters 581<\/a> and 855<\/a>; in 2022, chapters 243<\/a> and 381<\/a>; in 2023, chapters 176<\/a>, 260<\/a>, and 261<\/a>; in 2024, chapter 588<\/a>.<\/p>","references":[{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":79945,"section_number":"64.2-2000.1","catch_line":"Identifying information; separate confidential addendum","order_by":null,"url":"\/64.2-2000.1\/"},{"id":85666,"section_number":"64.2-2004","catch_line":"Notice of hearing; jurisdictional","order_by":null,"url":"\/64.2-2004\/"},{"id":65289,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","order_by":null,"url":"\/64.2-2009\/"},{"id":87194,"section_number":"8.01-73","catch_line":"Guardian ad litem to be appointed","order_by":null,"url":"\/8.01-73\/"}],"refers_to":[{"id":75080,"section_number":"13.1-501","catch_line":"Definitions","order_by":null,"url":"\/13.1-501\/"},{"id":80540,"section_number":"6.2-100","catch_line":"Definitions","order_by":null,"url":"\/6.2-100\/"},{"id":70547,"section_number":"64.2-2005","catch_line":"Evaluation report; filed in separate confidential addendum","order_by":null,"url":"\/64.2-2005\/"},{"id":62045,"section_number":"64.2-2006","catch_line":"Counsel for respondent","order_by":null,"url":"\/64.2-2006\/"},{"id":79330,"section_number":"64.2-2007","catch_line":"Hearing on petition to appoint","order_by":null,"url":"\/64.2-2007\/"},{"id":74643,"section_number":"64.2-2008","catch_line":"Fees and costs","order_by":null,"url":"\/64.2-2008\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":275515,"object_type":"law","relational_id":85439,"identifier":"64.2-2003","token":"64.2\/IV\/D\/20\/1\/64.2-2003","url":"\/64.2-2003\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2003\/","token":"64.2\/IV\/D\/20\/1\/64.2-2003","dublin_core":{"Title":"Appointment of guardian ad litem","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2003","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On the filing of every petition<\/span> for guardianship or conservatorship, the court<\/span> shall appoint a guardian ad litem<\/span> to represent the interests of the respondent<\/span>. The guardian ad litem<\/span> shall be paid a fee that is fixed by the court<\/span> to be paid by the petitioner or taxed as costs, as the court<\/span> directs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Duties of the guardian ad litem<\/span> include (i) personally visiting the respondent<\/span>; (ii) advising the respondent<\/span> of rights pursuant to §§ 64.2-2006<\/a> and 64.2-2007<\/a> and certifying to the court<\/span> that the respondent<\/span> has been so advised; (iii) recommending that legal counsel<\/span> be appointed for the respondent<\/span>, pursuant to § 64.2-2006<\/a>, if the guardian ad litem<\/span> believes that counsel<\/span> for the respondent<\/span> is necessary; (iv) notifying the court<\/span> as soon as practicable if the respondent<\/span> requests counsel<\/span> regardless of whether the guardian ad litem<\/span> recommends counsel<\/span>; (v) investigating the petition<\/span> and evidence<\/span>, requesting additional evaluation if necessary, considering whether a less restrictive alternative to guardianship or conservatorship is available, including the use of an advance directive, supported decision-making agreement, or durable power of attorney<\/span>, and filing a report pursuant to subsection C; (vi) making a good faith effort to consult directly with the respondent<\/span>’s primary health care provider, if any, unless the evaluation report required by § 64.2-2005<\/a> is prepared in whole or in part by such provider; and (vii) personally appearing at all court<\/span> proceedings and conferences. If the respondent<\/span> is between 17 and a half and 21 years of age and has an Individualized Education Plan<\/span> (IEP<\/span>) and transition plan<\/span>, the guardian ad litem<\/span> shall review such IEP<\/span> and transition plan<\/span> and include the results of his review in the report required by clause (v). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the report required by clause (v) of subsection B, the guardian ad litem<\/span> shall address the following major areas of concern: (i) whether the court<\/span> has jurisdiction<\/span>; (ii) whether a guardian or conservator<\/span> is needed based on evaluations and reviews conducted pursuant to subsection B; (iii) the extent of the duties and powers of the guardian or conservator<\/span>; (iv) the propriety and suitability of the person selected as guardian or conservator<\/span> after consideration of (a) the person’s geographic location, (b) the person’s familial or other relationship with the respondent<\/span>, (c) the person’s ability to carry out the powers and duties of the office, (d) the person’s commitment to promoting the respondent<\/span>’s welfare, (e) any potential conflicts of interests, (f) whether the person works as a professional guardian on a full-time basis, (g) the person’s expected capacity as a guardian, (h) the wishes of the respondent<\/span>, (i) the recommendations of relatives, and (j) whether the person is named as a perpetrator in any substantiated adult protective services complaint involving the respondent<\/span> following allegations<\/span> of abuse or neglect; (v) a recommendation as to the amount of surety<\/span> on the conservator<\/span>’s bond<\/span>, if any; and (vi) consideration of proper residential placement of the respondent<\/span>. The report shall also contain an explanation by the guardian ad litem<\/span> as to any (a) decision not to recommend the appointment of counsel<\/span> for the respondent<\/span>, (b) determination that a less restrictive alternative to guardianship or conservatorship is not advisable, and (c) determination that appointment of a limited guardian<\/span> or conservator<\/span> is not appropriate. If the guardian ad litem<\/span> was unable to consult directly with the respondent<\/span>’s primary health care provider, such information shall also be included in such report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any individual<\/span> or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any (i) health care provider, local school division, or local department of social services; (ii) criminal justice agency as that term is defined in § 9.1-101<\/a>, unless the disclosure of such information, records, or reports would impede an ongoing criminal investigation or proceeding; and (iii) financial institution as that term is defined in § 6.2-100<\/a>, investment advisor as that term is defined in § 13.1-501<\/a>, or other financial service provider shall disclose or make available to the guardian ad litem<\/span>, upon request, any information, records, and reports concerning the respondent<\/span> that the guardian ad litem<\/span> determines necessary to perform his duties under this section to the extent allowed under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and 12 U.S.C. § 3403. The request from the guardian ad litem<\/span> shall be accompanied by a copy of the court order<\/span> (a) appointing the guardian ad litem<\/span> for the respondent<\/span> and (b) that allows the release of the respondent<\/span>’s nonpublic personal information to the guardian ad litem<\/span>. All such information, records, and reports shall be provided to the guardian ad litem<\/span> at no charge. Disclosures, records, and reports can be provided in electronic form to the guardian ad litem<\/span> and may be accompanied by a statement of expenses or an invoice, which shall be filed with the report of the guardian ad litem<\/span> to be considered by the court when awarding costs among the parties pursuant to § 64.2-2008<\/a>. Absent gross negligence<\/span> or willful misconduct, the person or entity making disclosures, and their staff, shall be immune from civil or criminal liability for providing information or records to a court-appointed guardian ad litem<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF GUARDIAN AD LITEM (\u00a7 64.2-2003)\n\nA. On the filing of every petition for guardianship or conservatorship, the\ncourt shall appoint a guardian ad litem to represent the interests of the\nrespondent. The guardian ad litem shall be paid a fee that is fixed by the court\nto be paid by the petitioner or taxed as costs, as the court directs.\n\nB. Duties of the guardian ad litem include (i) personally visiting the\nrespondent; (ii) advising the respondent of rights pursuant to §§\n64.2-2006 and 64.2-2007 and certifying to the court that the respondent has been\nso advised; (iii) recommending that legal counsel be appointed for the\nrespondent, pursuant to § 64.2-2006, if the guardian ad litem believes that\ncounsel for the respondent is necessary; (iv) notifying the court as soon as\npracticable if the respondent requests counsel regardless of whether the\nguardian ad litem recommends counsel; (v) investigating the petition and\nevidence, requesting additional evaluation if necessary, considering whether a\nless restrictive alternative to guardianship or conservatorship is available,\nincluding the use of an advance directive, supported decision-making agreement,\nor durable power of attorney, and filing a report pursuant to subsection C; (vi)\nmaking a good faith effort to consult directly with the respondent’s\nprimary health care provider, if any, unless the evaluation report required by\n§ 64.2-2005 is prepared in whole or in part by such provider; and (vii)\npersonally appearing at all court proceedings and conferences. If the respondent\nis between 17 and a half and 21 years of age and has an Individualized Education\nPlan (IEP) and transition plan, the guardian ad litem shall review such IEP and\ntransition plan and include the results of his review in the report required by\nclause (v).\n\nC. In the report required by clause (v) of subsection B, the guardian ad litem\nshall address the following major areas of concern: (i) whether the court has\njurisdiction; (ii) whether a guardian or conservator is needed based on\nevaluations and reviews conducted pursuant to subsection B; (iii) the extent of\nthe duties and powers of the guardian or conservator; (iv) the propriety and\nsuitability of the person selected as guardian or conservator after\nconsideration of (a) the person’s geographic location, (b) the\nperson’s familial or other relationship with the respondent, (c) the\nperson’s ability to carry out the powers and duties of the office, (d) the\nperson’s commitment to promoting the respondent’s welfare, (e) any\npotential conflicts of interests, (f) whether the person works as a professional\nguardian on a full-time basis, (g) the person’s expected capacity as a\nguardian, (h) the wishes of the respondent, (i) the recommendations of\nrelatives, and (j) whether the person is named as a perpetrator in any\nsubstantiated adult protective services complaint involving the respondent\nfollowing allegations of abuse or neglect; (v) a recommendation as to the amount\nof surety on the conservator’s bond, if any; and (vi) consideration of\nproper residential placement of the respondent. The report shall also contain an\nexplanation by the guardian ad litem as to any (a) decision not to recommend the\nappointment of counsel for the respondent, (b) determination that a less\nrestrictive alternative to guardianship or conservatorship is not advisable, and\n(c) determination that appointment of a limited guardian or conservator is not\nappropriate. If the guardian ad litem was unable to consult directly with the\nrespondent’s primary health care provider, such information shall also be\nincluded in such report.\n\nD. Any individual or entity with information, records, or reports relevant to a\nguardianship or conservatorship proceeding, including any (i) health care\nprovider, local school division, or local department of social services; (ii)\ncriminal justice agency as that term is defined in § 9.1-101, unless the\ndisclosure of such information, records, or reports would impede an ongoing\ncriminal investigation or proceeding; and (iii) financial institution as that\nterm is defined in § 6.2-100, investment advisor as that term is defined in\n§ 13.1-501, or other financial service provider shall disclose or make\navailable to the guardian ad litem, upon request, any information, records, and\nreports concerning the respondent that the guardian ad litem determines\nnecessary to perform his duties under this section to the extent allowed under\nthe Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and 12 U.S.C. §\n3403. The request from the guardian ad litem shall be accompanied by a copy of\nthe court order (a) appointing the guardian ad litem for the respondent and (b)\nthat allows the release of the respondent’s nonpublic personal information\nto the guardian ad litem. All such information, records, and reports shall be\nprovided to the guardian ad litem at no charge. Disclosures, records, and\nreports can be provided in electronic form to the guardian ad litem and may be\naccompanied by a statement of expenses or an invoice, which shall be filed with\nthe report of the guardian ad litem to be considered by the court when awarding\ncosts among the parties pursuant to § 64.2-2008. Absent gross negligence or\nwillful misconduct, the person or entity making disclosures, and their staff,\nshall be immune from civil or criminal liability for providing information or\nrecords to a court-appointed guardian ad litem pursuant to this section.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.9; 2004, cc. 66, 1014; 2005, c. 716, \u00a7\n37.2-1003; 2012, c. 614; 2020, cc. 581, 855; 2021, Sp. Sess. I, c. 232; 2022,\ncc. 243, 381; 2023, cc. 176, 260, 261; 2024, c. 588.","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}}