{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2005.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2005.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2005.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2005.html"}],"law_id":70547,"edition_id":1,"section_id":70547,"structure_id":15745,"section_number":"64.2-2005","catch_line":"Evaluation report; filed in separate confidential addendum","history":"1997, c. 921, \u00a7 37.1-134.11; 2005, c. 716, \u00a7 37.2-1005; 2012, c. 614; 2014, c. 402; 2023, c. 16.","full_text":"A\n\nA report evaluating the condition of the respondent shall be filed with the court in a separate confidential addendum and provided, within a reasonable time prior to the hearing on the petition, to the guardian ad litem, the respondent, and any other person or entity that becomes a party to the action. The report shall be prepared by one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the respondent as alleged in the petition. If a report is not available, the court may proceed to hold the hearing without the report for good cause shown, absent any objection by the guardian ad litem, or may order a report and delay the hearing until the report is prepared, filed, and provided.B\n\nThe report shall evaluate the condition of the respondent and shall contain, to the best information and belief of its signatory:1\n\nA description of the nature, type, and extent of the respondent’s incapacity, including the respondent’s specific functional impairments;2\n\nA diagnosis or assessment of the respondent’s mental and physical condition, including a statement as to whether the individual is on any medications that may affect his actions or demeanor, and, where appropriate and consistent with the scope of the evaluator’s license, an evaluation of the respondent’s ability to learn self-care skills, adaptive behavior, and social skills and a prognosis for improvement;3\n\nThe date or dates of the examinations, evaluations, and assessments upon which the report is based; and4\n\nThe signature of the person conducting the evaluation and the nature of the professional license held by that person.C\n\nIn the absence of bad faith or malicious intent, a person performing the evaluation shall be immune from civil liability for any breach of patient confidentiality made in furtherance of his duties under this section.D\n\nA report prepared pursuant to this section shall be admissible as evidence in open court of the facts stated in the report and the results of the examination or evaluation referred to in the report, unless counsel for the respondent or the guardian ad litem objects.","order_by":null,"text":{"0":{"id":254558,"text":"A report evaluating the condition of the respondent shall be filed with the court in a separate confidential addendum and provided, within a reasonable time prior to the hearing on the petition, to the guardian ad litem, the respondent, and any other person or entity that becomes a party to the action. The report shall be prepared by one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the respondent as alleged in the petition. If a report is not available, the court may proceed to hold the hearing without the report for good cause shown, absent any objection by the guardian ad litem, or may order a report and delay the hearing until the report is prepared, filed, and provided.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254559,"text":"The report shall evaluate the condition of the respondent and shall contain, to the best information and belief of its signatory:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":254560,"text":"A description of the nature, type, and extent of the respondent’s incapacity, including the respondent’s specific functional impairments;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":254561,"text":"A diagnosis or assessment of the respondent’s mental and physical condition, including a statement as to whether the individual is on any medications that may affect his actions or demeanor, and, where appropriate and consistent with the scope of the evaluator’s license, an evaluation of the respondent’s ability to learn self-care skills, adaptive behavior, and social skills and a prognosis for improvement;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":254562,"text":"The date or dates of the examinations, evaluations, and assessments upon which the report is based; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":254563,"text":"The signature of the person conducting the evaluation and the nature of the professional license held by that person.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":254564,"text":"In the absence of bad faith or malicious intent, a person performing the evaluation shall be immune from civil liability for any breach of patient confidentiality made in furtherance of his duties under this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":254565,"text":"A report prepared pursuant to this section shall be admissible as evidence in open court of the facts stated in the report and the results of the examination or evaluation referred to in the report, unless counsel for the respondent or the guardian ad litem objects.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2005\/","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 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 402<\/a>; in 2023, chapter 16<\/a>.<\/p>","references":[{"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\/"}],"refers_to":false,"permalink":{"id":275523,"object_type":"law","relational_id":70547,"identifier":"64.2-2005","token":"64.2\/IV\/D\/20\/1\/64.2-2005","url":"\/64.2-2005\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2005\/","token":"64.2\/IV\/D\/20\/1\/64.2-2005","dublin_core":{"Title":"Evaluation report; filed in separate confidential addendum","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2005","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A report evaluating the condition of the respondent<\/span> shall be filed with the court<\/span> in a separate confidential addendum<\/span> and provided, within a reasonable time prior to the hearing<\/span> on the petition<\/span>, to the guardian ad litem<\/span>, the respondent<\/span>, and any other person or entity that becomes a party<\/span> to the action. The report shall be prepared by one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the respondent<\/span> as alleged in the petition<\/span>. If a report is not available, the court<\/span> may proceed to hold the hearing<\/span> without the report for good cause shown, absent any objection by the guardian ad litem<\/span>, or may order<\/span> a report and delay the hearing<\/span> until the report is prepared, filed, and provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The report shall evaluate the condition of the respondent<\/span> and shall contain, to the best information and belief of its signatory: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A description of the nature, type, and extent of the respondent<\/span>’s incapacity, including the respondent<\/span>’s specific functional impairments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A diagnosis or assessment of the respondent<\/span>’s mental and physical condition, including a statement as to whether the individual<\/span> is on any medications that may affect his actions or demeanor, and, where appropriate and consistent with the scope of the evaluator’s license, an evaluation of the respondent<\/span>’s ability to learn self-care skills, adaptive behavior, and social skills and a prognosis for improvement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The date or dates of the examinations, evaluations, and assessments upon which the report is based; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The signature of the person conducting the evaluation and the nature of the professional license held by that person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the absence of bad faith or malicious<\/span> intent<\/span>, a person performing the evaluation shall be immune from civil liability for any breach of patient confidentiality made in furtherance of his duties under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A report prepared pursuant to this section shall be admissible<\/span> as evidence<\/span> in open court<\/span> of the facts<\/span> stated in the report and the results of the examination or evaluation referred to in the report, unless counsel<\/span> for the respondent<\/span> or the guardian ad litem<\/span> objects<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVALUATION REPORT; FILED IN SEPARATE CONFIDENTIAL ADDENDUM (\u00a7 64.2-2005)\n\nA. A report evaluating the condition of the respondent shall be filed with the\ncourt in a separate confidential addendum and provided, within a reasonable time\nprior to the hearing on the petition, to the guardian ad litem, the respondent,\nand any other person or entity that becomes a party to the action. The report\nshall be prepared by one or more licensed physicians or psychologists or\nlicensed professionals skilled in the assessment and treatment of the physical\nor mental conditions of the respondent as alleged in the petition. If a report\nis not available, the court may proceed to hold the hearing without the report\nfor good cause shown, absent any objection by the guardian ad litem, or may\norder a report and delay the hearing until the report is prepared, filed, and\nprovided.\n\nB. The report shall evaluate the condition of the respondent and shall contain,\nto the best information and belief of its signatory:\n\n 1. A description of the nature, type, and extent of the respondent’s\n incapacity, including the respondent’s specific functional impairments;\n\n 2. A diagnosis or assessment of the respondent’s mental and physical\n condition, including a statement as to whether the individual is on any\n medications that may affect his actions or demeanor, and, where appropriate\n and consistent with the scope of the evaluator’s license, an evaluation\n of the respondent’s ability to learn self-care skills, adaptive\n behavior, and social skills and a prognosis for improvement;\n\n 3. The date or dates of the examinations, evaluations, and assessments upon\n which the report is based; and\n\n 4. The signature of the person conducting the evaluation and the nature of the\n professional license held by that person.\n\nC. In the absence of bad faith or malicious intent, a person performing the\nevaluation shall be immune from civil liability for any breach of patient\nconfidentiality made in furtherance of his duties under this section.\n\nD. A report prepared pursuant to this section shall be admissible as evidence in\nopen court of the facts stated in the report and the results of the examination\nor evaluation referred to in the report, unless counsel for the respondent or\nthe guardian ad litem objects.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.11; 2005, c. 716, \u00a7 37.2-1005; 2012, c. 614;\n2014, c. 402; 2023, c. 16.","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}}