{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2004.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2004.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2004.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2004.html"}],"law_id":85666,"edition_id":1,"section_id":85666,"structure_id":15745,"section_number":"64.2-2004","catch_line":"Notice of hearing; jurisdictional","history":"1997, c. 921, \u00a7 37.1-134.10; 2001, c. 30; 2005, c. 716, \u00a7 37.2-1004; 2012, c. 614; 2022, cc. 278, 381.","full_text":"A\n\nUpon the filing of the petition, the court shall promptly set a date, time, and location for a hearing. The respondent shall be given reasonable notice of the hearing. The respondent may not waive notice, and a failure to properly notify the respondent shall be jurisdictional.B\n\nA respondent, whether or not he resides in the Commonwealth, shall be personally served with the notice of the hearing, a copy of the petition, and a copy of the order appointing a guardian ad litem pursuant to § 64.2-2003. A certification, in the guardian ad litem’s report required by subsection B of § 64.2-2003, that the guardian ad litem personally served the respondent with the notice, a copy of the petition, and a copy of the order appointing a guardian ad litem shall constitute valid personal service for purposes of this section.C\n\nA copy of the notice, together with a copy of the petition, shall be mailed by first-class mail by the petitioner at least 10 days before the hearing to all adult individuals and to all entities whose names and post office addresses appear in the petition. The court, for good cause shown, may waive the advance notice required by this subsection. If the advance notice is waived, the petitioner shall promptly mail by first-class mail a copy of the petition and any order entered to those individuals and entities.D\n\nAny adult individual or entity whose name and post office addresses appear in the petition may become a party to the proceeding by filing a pleading in accordance with Rule 1:4 of the Rules of the Supreme Court of Virginia. Such individual or entity shall mail his pleadings via first-class mail to the petitioner, any counsel of record, the guardian ad litem, and all other adult individuals and entities whose names and post office addresses appear in the petition. Such pleading may also be sent via electronic mail or facsimile to all counsel of record and the guardian ad litem, as well as those other adult individuals and entities whose email addresses or facsimile numbers are known to the person filing the pleading. If a cross-petition is filed, the petitioner shall file a response to such cross-petition.E\n\nThe notice shall include a brief statement in at least 14-point type of the purpose of the proceedings and shall inform the respondent of the right to be represented by counsel pursuant to § 64.2-2006 and to a hearing pursuant to § 64.2-2007. Additionally, the notice shall include the following statement in conspicuous, bold print.\n\t\t\tWARNING TO THE RESPONDENT\n\t\t\tAT THE HEARING YOU MAY LOSE MANY OF YOUR RIGHTS. A GUARDIAN MAY BE APPOINTED TO MAKE PERSONAL DECISIONS FOR YOU. A CONSERVATOR MAY BE APPOINTED TO MAKE DECISIONS CONCERNING YOUR PROPERTY AND FINANCES. THE APPOINTMENT MAY AFFECT CONTROL OF HOW YOU SPEND YOUR MONEY, HOW YOUR PROPERTY IS MANAGED AND CONTROLLED, WHO MAKES YOUR MEDICAL DECISIONS, WHERE YOU LIVE, WHETHER YOU ARE ALLOWED TO VOTE, AND OTHER IMPORTANT RIGHTS.\n\t\t\tNOTIFICATION TO OTHERS\n\t\t\tANY ADULT INDIVIDUAL OR ENTITY WHOSE NAME AND POST OFFICE ADDRESSES APPEAR IN THE PETITION FOR APPOINTMENT MAY BECOME A PARTY TO THIS ACTION BY FILING A PLEADING WITH THE CIRCUIT COURT IN WHICH THIS CASE IS PENDING. THAT PLEADING MUST BE MAILED TO THE PETITIONER, ANY COUNSEL OF RECORD, THE GUARDIAN AD LITEM, AND ALL OTHER ADULT INDIVIDUALS AND ENTITIES WHOSE NAMES AND POST OFFICE ADDRESSES APPEAR IN THE PETITION. IN ADDITION, SUCH PLEADING MAY BE SENT BY EMAIL OR FAX TO ANY SUCH OTHER ADULT INDIVIDUAL OR ENTITY FOR WHOM SUCH EMAIL ADDRESS OR FAX NUMBER IS KNOWN.F\n\nThe petitioner shall file with the clerk of the circuit court a statement of compliance with subsections B, C, and E. Certification of personal service made by the guardian ad litem as required by subsection B may satisfy this requirement as to compliance with subsection B.","order_by":null,"text":{"0":{"id":306808,"text":"Upon the filing of the petition, the court shall promptly set a date, time, and location for a hearing. The respondent shall be given reasonable notice of the hearing. The respondent may not waive notice, and a failure to properly notify the respondent shall be jurisdictional.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306809,"text":"A respondent, whether or not he resides in the Commonwealth, shall be personally served with the notice of the hearing, a copy of the petition, and a copy of the order appointing a guardian ad litem pursuant to § 64.2-2003. A certification, in the guardian ad litem’s report required by subsection B of § 64.2-2003, that the guardian ad litem personally served the respondent with the notice, a copy of the petition, and a copy of the order appointing a guardian ad litem shall constitute valid personal service for purposes of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306810,"text":"A copy of the notice, together with a copy of the petition, shall be mailed by first-class mail by the petitioner at least 10 days before the hearing to all adult individuals and to all entities whose names and post office addresses appear in the petition. The court, for good cause shown, may waive the advance notice required by this subsection. If the advance notice is waived, the petitioner shall promptly mail by first-class mail a copy of the petition and any order entered to those individuals and entities.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306811,"text":"Any adult individual or entity whose name and post office addresses appear in the petition may become a party to the proceeding by filing a pleading in accordance with Rule 1:4 of the Rules of the Supreme Court of Virginia. Such individual or entity shall mail his pleadings via first-class mail to the petitioner, any counsel of record, the guardian ad litem, and all other adult individuals and entities whose names and post office addresses appear in the petition. Such pleading may also be sent via electronic mail or facsimile to all counsel of record and the guardian ad litem, as well as those other adult individuals and entities whose email addresses or facsimile numbers are known to the person filing the pleading. If a cross-petition is filed, the petitioner shall file a response to such cross-petition.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":306812,"text":"The notice shall include a brief statement in at least 14-point type of the purpose of the proceedings and shall inform the respondent of the right to be represented by counsel pursuant to § 64.2-2006 and to a hearing pursuant to § 64.2-2007. Additionally, the notice shall include the following statement in conspicuous, bold print.\n\t\t\tWARNING TO THE RESPONDENT\n\t\t\tAT THE HEARING YOU MAY LOSE MANY OF YOUR RIGHTS. A GUARDIAN MAY BE APPOINTED TO MAKE PERSONAL DECISIONS FOR YOU. A CONSERVATOR MAY BE APPOINTED TO MAKE DECISIONS CONCERNING YOUR PROPERTY AND FINANCES. THE APPOINTMENT MAY AFFECT CONTROL OF HOW YOU SPEND YOUR MONEY, HOW YOUR PROPERTY IS MANAGED AND CONTROLLED, WHO MAKES YOUR MEDICAL DECISIONS, WHERE YOU LIVE, WHETHER YOU ARE ALLOWED TO VOTE, AND OTHER IMPORTANT RIGHTS.\n\t\t\tNOTIFICATION TO OTHERS\n\t\t\tANY ADULT INDIVIDUAL OR ENTITY WHOSE NAME AND POST OFFICE ADDRESSES APPEAR IN THE PETITION FOR APPOINTMENT MAY BECOME A PARTY TO THIS ACTION BY FILING A PLEADING WITH THE CIRCUIT COURT IN WHICH THIS CASE IS PENDING. THAT PLEADING MUST BE MAILED TO THE PETITIONER, ANY COUNSEL OF RECORD, THE GUARDIAN AD LITEM, AND ALL OTHER ADULT INDIVIDUALS AND ENTITIES WHOSE NAMES AND POST OFFICE ADDRESSES APPEAR IN THE PETITION. IN ADDITION, SUCH PLEADING MAY BE SENT BY EMAIL OR FAX TO ANY SUCH OTHER ADULT INDIVIDUAL OR ENTITY FOR WHOM SUCH EMAIL ADDRESS OR FAX NUMBER IS KNOWN.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":306813,"text":"The petitioner shall file with the clerk of the circuit court a statement of compliance with subsections B, C, and E. Certification of personal service made by the guardian ad litem as required by subsection B may satisfy this requirement as to compliance with subsection B.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2004\/","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 4 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 30<\/a>; in 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>; in 2022, chapters 278<\/a> and 381<\/a>.<\/p>","references":[{"id":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"}],"refers_to":[{"id":85439,"section_number":"64.2-2003","catch_line":"Appointment of guardian ad litem","order_by":null,"url":"\/64.2-2003\/"},{"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\/"}],"permalink":{"id":275519,"object_type":"law","relational_id":85666,"identifier":"64.2-2004","token":"64.2\/IV\/D\/20\/1\/64.2-2004","url":"\/64.2-2004\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2004\/","token":"64.2\/IV\/D\/20\/1\/64.2-2004","dublin_core":{"Title":"Notice of hearing; jurisdictional","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2004","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the filing of the petition<\/span>, the court<\/span> shall promptly set a date, time, and location for a hearing<\/span>. The respondent<\/span> shall be given reasonable notice of the hearing<\/span>. The respondent<\/span> may not waive<\/span> notice, and a failure to properly notify the respondent<\/span> shall be jurisdictional. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A respondent<\/span>, whether or not he resides in the Commonwealth, shall be personally served with the notice of the hearing<\/span>, a copy of the petition<\/span>, and a copy of the order<\/span> appointing a guardian ad litem<\/span> pursuant to § 64.2-2003<\/a>. A certification, in the guardian ad litem<\/span>’s report required by subsection B of § 64.2-2003<\/a>, that the guardian ad litem<\/span> personally served the respondent<\/span> with the notice, a copy of the petition<\/span>, and a copy of the order<\/span> appointing a guardian ad litem<\/span> shall constitute valid personal service for purposes of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A copy of the notice, together with a copy of the petition<\/span>, shall be mailed by first-class mail by the petitioner at least 10 days before the hearing<\/span> to all adult individuals<\/span> and to all entities whose names and post office addresses appear in the petition<\/span>. The court<\/span>, for good cause shown, may waive<\/span> the advance notice required by this subsection. If the advance notice is waived, the petitioner shall promptly mail by first-class mail a copy of the petition<\/span> and any order<\/span> entered to those individuals<\/span> and entities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any adult individual<\/span> or entity whose name and post office addresses appear in the petition<\/span> may become a party<\/span> to the proceeding by filing a pleading in accordance with Rule 1:4 of the Rules of the Supreme Court<\/span> of Virginia. Such individual<\/span> or entity shall mail his pleadings<\/span> via first-class mail to the petitioner, any counsel<\/span> of record, the guardian ad litem<\/span>, and all other adult individuals<\/span> and entities whose names and post office addresses appear in the petition<\/span>. Such pleading may also be sent via electronic mail or facsimile to all counsel<\/span> of record and the guardian ad litem<\/span>, as well as those other adult individuals<\/span> and entities whose email addresses or facsimile numbers are known to the person filing the pleading. If a cross-petition<\/span> is filed, the petitioner shall file a response to such cross-petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The notice shall include a brief<\/span> statement in at least 14-point type of the purpose of the proceedings and shall inform the respondent<\/span> of the right to be represented by counsel<\/span> pursuant to § 64.2-2006<\/a> and to a hearing<\/span> pursuant to § 64.2-2007<\/a>. Additionally, the notice shall include the following statement in conspicuous, bold print.\n\t\t\tWARNING TO THE RESPONDENT<\/span>\n\t\t\tAT THE HEARING<\/span> YOU MAY LOSE MANY OF YOUR RIGHTS. A GUARDIAN MAY BE APPOINTED TO MAKE PERSONAL DECISIONS FOR YOU. A CONSERVATOR<\/span> MAY BE APPOINTED TO MAKE DECISIONS CONCERNING YOUR PROPERTY<\/span> AND FINANCES. THE APPOINTMENT MAY AFFECT CONTROL OF HOW YOU SPEND YOUR MONEY, HOW YOUR PROPERTY<\/span> IS MANAGED AND CONTROLLED, WHO MAKES YOUR MEDICAL DECISIONS, WHERE YOU LIVE, WHETHER YOU ARE ALLOWED TO VOTE, AND OTHER IMPORTANT RIGHTS.\n\t\t\tNOTIFICATION TO OTHERS\n\t\t\tANY ADULT INDIVIDUAL<\/span> OR ENTITY WHOSE NAME AND POST OFFICE ADDRESSES APPEAR IN THE PETITION<\/span> FOR APPOINTMENT MAY BECOME A PARTY<\/span> TO THIS ACTION BY FILING A PLEADING WITH THE CIRCUIT<\/span> COURT<\/span> IN WHICH THIS CASE IS PENDING. THAT PLEADING MUST BE MAILED TO THE PETITIONER, ANY COUNSEL<\/span> OF RECORD, THE GUARDIAN AD LITEM<\/span>, AND ALL OTHER ADULT INDIVIDUALS<\/span> AND ENTITIES WHOSE NAMES AND POST OFFICE ADDRESSES APPEAR IN THE PETITION<\/span>. IN ADDITION, SUCH PLEADING MAY BE SENT BY EMAIL OR FAX TO ANY SUCH OTHER ADULT INDIVIDUAL<\/span> OR ENTITY FOR WHOM SUCH EMAIL ADDRESS OR FAX NUMBER IS KNOWN. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The petitioner shall file with the clerk of the circuit<\/span> court<\/span> a statement of compliance with subsections B, C, and E. Certification of personal service made by the guardian ad litem<\/span> as required by subsection B may satisfy this requirement as to compliance with subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF HEARING; JURISDICTIONAL (\u00a7 64.2-2004)\n\nA. Upon the filing of the petition, the court shall promptly set a date, time,\nand location for a hearing. The respondent shall be given reasonable notice of\nthe hearing. The respondent may not waive notice, and a failure to properly\nnotify the respondent shall be jurisdictional.\n\nB. A respondent, whether or not he resides in the Commonwealth, shall be\npersonally served with the notice of the hearing, a copy of the petition, and a\ncopy of the order appointing a guardian ad litem pursuant to § 64.2-2003. A\ncertification, in the guardian ad litem’s report required by subsection B\nof § 64.2-2003, that the guardian ad litem personally served the respondent\nwith the notice, a copy of the petition, and a copy of the order appointing a\nguardian ad litem shall constitute valid personal service for purposes of this\nsection.\n\nC. A copy of the notice, together with a copy of the petition, shall be mailed\nby first-class mail by the petitioner at least 10 days before the hearing to all\nadult individuals and to all entities whose names and post office addresses\nappear in the petition. The court, for good cause shown, may waive the advance\nnotice required by this subsection. If the advance notice is waived, the\npetitioner shall promptly mail by first-class mail a copy of the petition and\nany order entered to those individuals and entities.\n\nD. Any adult individual or entity whose name and post office addresses appear in\nthe petition may become a party to the proceeding by filing a pleading in\naccordance with Rule 1:4 of the Rules of the Supreme Court of Virginia. Such\nindividual or entity shall mail his pleadings via first-class mail to the\npetitioner, any counsel of record, the guardian ad litem, and all other adult\nindividuals and entities whose names and post office addresses appear in the\npetition. Such pleading may also be sent via electronic mail or facsimile to all\ncounsel of record and the guardian ad litem, as well as those other adult\nindividuals and entities whose email addresses or facsimile numbers are known to\nthe person filing the pleading. If a cross-petition is filed, the petitioner\nshall file a response to such cross-petition.\n\nE. The notice shall include a brief statement in at least 14-point type of the\npurpose of the proceedings and shall inform the respondent of the right to be\nrepresented by counsel pursuant to § 64.2-2006 and to a hearing pursuant to\n§ 64.2-2007. Additionally, the notice shall include the following statement\nin conspicuous, bold print.\n\t\t\tWARNING TO THE RESPONDENT\n\t\t\tAT THE HEARING YOU MAY LOSE MANY OF YOUR RIGHTS. A GUARDIAN MAY BE APPOINTED\nTO MAKE PERSONAL DECISIONS FOR YOU. A CONSERVATOR MAY BE APPOINTED TO MAKE\nDECISIONS CONCERNING YOUR PROPERTY AND FINANCES. THE APPOINTMENT MAY AFFECT\nCONTROL OF HOW YOU SPEND YOUR MONEY, HOW YOUR PROPERTY IS MANAGED AND\nCONTROLLED, WHO MAKES YOUR MEDICAL DECISIONS, WHERE YOU LIVE, WHETHER YOU ARE\nALLOWED TO VOTE, AND OTHER IMPORTANT RIGHTS.\n\t\t\tNOTIFICATION TO OTHERS\n\t\t\tANY ADULT INDIVIDUAL OR ENTITY WHOSE NAME AND POST OFFICE ADDRESSES APPEAR IN\nTHE PETITION FOR APPOINTMENT MAY BECOME A PARTY TO THIS ACTION BY FILING A\nPLEADING WITH THE CIRCUIT COURT IN WHICH THIS CASE IS PENDING. THAT PLEADING\nMUST BE MAILED TO THE PETITIONER, ANY COUNSEL OF RECORD, THE GUARDIAN AD LITEM,\nAND ALL OTHER ADULT INDIVIDUALS AND ENTITIES WHOSE NAMES AND POST OFFICE\nADDRESSES APPEAR IN THE PETITION. IN ADDITION, SUCH PLEADING MAY BE SENT BY\nEMAIL OR FAX TO ANY SUCH OTHER ADULT INDIVIDUAL OR ENTITY FOR WHOM SUCH EMAIL\nADDRESS OR FAX NUMBER IS KNOWN.\n\nF. The petitioner shall file with the clerk of the circuit court a statement of\ncompliance with subsections B, C, and E. Certification of personal service made\nby the guardian ad litem as required by subsection B may satisfy this\nrequirement as to compliance with subsection B.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.10; 2001, c. 30; 2005, c. 716, \u00a7 37.2-1004;\n2012, c. 614; 2022, cc. 278, 381.","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}}