{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2007.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2007.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2007.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2007.html"}],"law_id":79330,"edition_id":1,"section_id":79330,"structure_id":15745,"section_number":"64.2-2007","catch_line":"Hearing on petition to appoint","history":"1997, c. 921, \u00a7 37.1-134.13; 2005, c. 716, \u00a7 37.2-1007; 2009, c. 433; 2012, c. 614; 2013, c. 523; 2020, cc. 649, 855; 2021, Sp. Sess. I, c. 232.","full_text":"A\n\nThe respondent is entitled to a jury trial upon request, and may compel the attendance of witnesses, present evidence on his own behalf, and confront and cross-examine witnesses.B\n\nThe court or the jury, if a jury is requested, shall hear the petition for the appointment of a guardian or conservator. The hearing may be held at such convenient place as the court directs, including the place where the respondent is located. The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones it for cause. The proposed guardian or conservator shall attend the hearing except for good cause shown and, where appropriate, shall provide the court with a recommendation as to living arrangements and a treatment plan for the respondent. The respondent is entitled to be present at the hearing and all other stages of the proceedings. The respondent shall be present if he so requests or if his presence is requested by the guardian ad litem. Whether or not present, the respondent shall be regarded as having denied the allegations in the petition.C\n\nIn determining the need for a guardian or a conservator and the powers and duties of any guardian or conservator, if needed, consideration shall be given to the following factors: (i) the limitations of the respondent; (ii) the development of the respondent&#8217;s maximum self-reliance and independence; (iii) the availability of less restrictive alternatives, including advance directives, supported decision-making agreements, and durable powers of attorney; (iv) the extent to which it is necessary to protect the respondent from neglect, exploitation, or abuse; (v) the actions needed to be taken by the guardian or conservator; (vi) the suitability of the proposed guardian or conservator; and (vii) the best interests of the respondent.D\n\nIf, after considering the evidence presented at the hearing, the court or jury determines on the basis of clear and convincing evidence that the respondent is incapacitated and in need of a guardian or conservator, the court shall appoint a suitable person, who may be the spouse of the respondent, to be the guardian or the conservator or both, giving due deference to the wishes of the respondent. If a guardian or conservator is appointed, the court shall inform him of his duties and powers pursuant to Article 2 (&#xA7; 64.2-2019 et seq.) and shall further inform the guardian or conservator that, to the extent feasible, the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Except for good cause shown, including a determination by the court that there is no acceptable alternative available to serve, the court shall not appoint as guardian or conservator for the respondent an attorney who has been engaged by the petitioner to represent the petitioner within three calendar years of the appointment. Such prohibition also applies to all other attorneys and employees of the law firm with which such attorney is associated. The court shall require the proposed guardian or conservator to certify at the time of appointment that he has disclosed to the court any such representation of the petitioner or association with a law firm that represented the petitioner within the three calendar years preceding the appointment. Compensation paid by a petitioner to an attorney or law firm for serving as a guardian or conservator shall not constitute representation of the petitioner by such attorney or law firm. In the case of a petitioner that is a medical care facility as defined in &#xA7; 32.1-3, the court may, for good cause shown, order that the reasonable costs for the guardian or conservator be paid by the petitioner during the time the respondent is under the care of such medical care facility.\n\t\t\tThe court in its order shall make specific findings of fact and conclusions of law in support of each provision of any orders entered. The order of appointment shall be made in a form that complies with the requirements set out in &#xA7; 64.2-2009.","order_by":null,"text":{"0":{"id":283995,"text":"The respondent is entitled to a jury trial upon request, and may compel the attendance of witnesses, present evidence on his own behalf, and confront and cross-examine witnesses.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283996,"text":"The court or the jury, if a jury is requested, shall hear the petition for the appointment of a guardian or conservator. The hearing may be held at such convenient place as the court directs, including the place where the respondent is located. The hearing shall be conducted within 120 days from the filing of the petition unless the court postpones it for cause. The proposed guardian or conservator shall attend the hearing except for good cause shown and, where appropriate, shall provide the court with a recommendation as to living arrangements and a treatment plan for the respondent. The respondent is entitled to be present at the hearing and all other stages of the proceedings. The respondent shall be present if he so requests or if his presence is requested by the guardian ad litem. Whether or not present, the respondent shall be regarded as having denied the allegations in the petition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283997,"text":"In determining the need for a guardian or a conservator and the powers and duties of any guardian or conservator, if needed, consideration shall be given to the following factors: (i) the limitations of the respondent; (ii) the development of the respondent&#8217;s maximum self-reliance and independence; (iii) the availability of less restrictive alternatives, including advance directives, supported decision-making agreements, and durable powers of attorney; (iv) the extent to which it is necessary to protect the respondent from neglect, exploitation, or abuse; (v) the actions needed to be taken by the guardian or conservator; (vi) the suitability of the proposed guardian or conservator; and (vii) the best interests of the respondent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":283998,"text":"If, after considering the evidence presented at the hearing, the court or jury determines on the basis of clear and convincing evidence that the respondent is incapacitated and in need of a guardian or conservator, the court shall appoint a suitable person, who may be the spouse of the respondent, to be the guardian or the conservator or both, giving due deference to the wishes of the respondent. If a guardian or conservator is appointed, the court shall inform him of his duties and powers pursuant to Article 2 (&#xA7; 64.2-2019 et seq.) and shall further inform the guardian or conservator that, to the extent feasible, the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Except for good cause shown, including a determination by the court that there is no acceptable alternative available to serve, the court shall not appoint as guardian or conservator for the respondent an attorney who has been engaged by the petitioner to represent the petitioner within three calendar years of the appointment. Such prohibition also applies to all other attorneys and employees of the law firm with which such attorney is associated. The court shall require the proposed guardian or conservator to certify at the time of appointment that he has disclosed to the court any such representation of the petitioner or association with a law firm that represented the petitioner within the three calendar years preceding the appointment. Compensation paid by a petitioner to an attorney or law firm for serving as a guardian or conservator shall not constitute representation of the petitioner by such attorney or law firm. In the case of a petitioner that is a medical care facility as defined in &#xA7; 32.1-3, the court may, for good cause shown, order that the reasonable costs for the guardian or conservator be paid by the petitioner during the time the respondent is under the care of such medical care facility.\n\t\t\tThe court in its order shall make specific findings of fact and conclusions of law in support of each provision of any orders entered. The order of appointment shall be made in a form that complies with the requirements set out in &#xA7; 64.2-2009.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2007\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0921\">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 5 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 <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0433\">433<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0614\">614<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0523\">523<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0649\">649<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0855\">855<\/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":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\/"}],"refers_to":[{"id":77454,"section_number":"32.1-3","catch_line":"Definitions","order_by":null,"url":"\/32.1-3\/"},{"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":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"}],"permalink":{"id":275531,"object_type":"law","relational_id":79330,"identifier":"64.2-2007","token":"64.2\/IV\/D\/20\/1\/64.2-2007","url":"\/64.2-2007\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2007\/","token":"64.2\/IV\/D\/20\/1\/64.2-2007","dublin_core":{"Title":"Hearing on petition to appoint","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2007","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">respondent<\/span> is entitled to a <span class=\"dictionary\">jury trial<\/span> upon request, and may compel the attendance of witnesses, present <span class=\"dictionary\">evidence<\/span> on his own behalf, and confront and cross-examine witnesses. <a id=\"paragraph-283995\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2007\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">court<\/span> or the jury, if a jury is requested, shall hear the <span class=\"dictionary\">petition<\/span> for the appointment of a guardian or <span class=\"dictionary\">conservator<\/span>. The <span class=\"dictionary\">hearing<\/span> may be held at such convenient place as the <span class=\"dictionary\">court<\/span> directs, including the place where the <span class=\"dictionary\">respondent<\/span> is located. The <span class=\"dictionary\">hearing<\/span> shall be conducted within 120 days from the filing of the <span class=\"dictionary\">petition<\/span> unless the <span class=\"dictionary\">court<\/span> postpones it for cause. The proposed guardian or <span class=\"dictionary\">conservator<\/span> shall attend the <span class=\"dictionary\">hearing<\/span> except for good cause shown and, where appropriate, shall provide the <span class=\"dictionary\">court<\/span> with a recommendation as to living arrangements and a treatment plan for the <span class=\"dictionary\">respondent<\/span>. The <span class=\"dictionary\">respondent<\/span> is entitled to be present at the <span class=\"dictionary\">hearing<\/span> and all other stages of the proceedings. The <span class=\"dictionary\">respondent<\/span> shall be present if he so requests or if his presence is requested by the <span class=\"dictionary\">guardian ad litem<\/span>. Whether or not present, the <span class=\"dictionary\">respondent<\/span> shall be regarded as having denied the <span class=\"dictionary\">allegations<\/span> in the <span class=\"dictionary\">petition<\/span>. <a id=\"paragraph-283996\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2007\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> In determining the need for a guardian or a <span class=\"dictionary\">conservator<\/span> and the powers and duties of any guardian or <span class=\"dictionary\">conservator<\/span>, if needed, consideration shall be given to the following factors: (i) the limitations of the <span class=\"dictionary\">respondent<\/span>; (ii) the development of the <span class=\"dictionary\">respondent<\/span>&#8217;s maximum self-reliance and independence; (iii) the availability of less restrictive alternatives, including advance directives, supported decision-making agreements, and durable powers of attorney; (iv) the extent to which it is necessary to protect the <span class=\"dictionary\">respondent<\/span> from neglect, exploitation, or abuse; (v) the actions needed to be taken by the guardian or <span class=\"dictionary\">conservator<\/span>; (vi) the suitability of the proposed guardian or <span class=\"dictionary\">conservator<\/span>; and (vii) the best interests of the <span class=\"dictionary\">respondent<\/span>. <a id=\"paragraph-283997\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2007\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If, after considering the <span class=\"dictionary\">evidence<\/span> presented at the <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">court<\/span> or jury determines on the basis of clear and convincing <span class=\"dictionary\">evidence<\/span> that the <span class=\"dictionary\">respondent<\/span> is incapacitated and in need of a guardian or <span class=\"dictionary\">conservator<\/span>, the <span class=\"dictionary\">court<\/span> shall appoint a suitable person, who may be the spouse of the <span class=\"dictionary\">respondent<\/span>, to be the guardian or the <span class=\"dictionary\">conservator<\/span> or both, giving due deference to the wishes of the <span class=\"dictionary\">respondent<\/span>. If a guardian or <span class=\"dictionary\">conservator<\/span> is appointed, the <span class=\"dictionary\">court<\/span> shall inform him of his duties and powers pursuant to Article 2 (&#xA7; <a class=\"law\" title=\"Duties and powers of guardian\" href=\"\/64.2-2019\/\">64.2-2019<\/a> et seq.) and shall further inform the guardian or <span class=\"dictionary\">conservator<\/span> that, to the extent feasible, the <span class=\"dictionary\">respondent<\/span> should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Except for good cause shown, including a determination by the <span class=\"dictionary\">court<\/span> that there is no acceptable alternative available to serve, the <span class=\"dictionary\">court<\/span> shall not appoint as guardian or <span class=\"dictionary\">conservator<\/span> for the <span class=\"dictionary\">respondent<\/span> an attorney who has been engaged by the petitioner to represent the petitioner within three calendar years of the appointment. Such prohibition also applies to all other attorneys and employees of the <span class=\"dictionary\">law<\/span> firm with which such attorney is associated. The <span class=\"dictionary\">court<\/span> shall require the proposed guardian or <span class=\"dictionary\">conservator<\/span> to certify at the time of appointment that he has disclosed to the <span class=\"dictionary\">court<\/span> any such representation of the petitioner or association with a <span class=\"dictionary\">law<\/span> firm that represented the petitioner within the three calendar years preceding the appointment. Compensation paid by a petitioner to an attorney or <span class=\"dictionary\">law<\/span> firm for serving as a guardian or <span class=\"dictionary\">conservator<\/span> shall not constitute representation of the petitioner by such attorney or <span class=\"dictionary\">law<\/span> firm. In the case of a petitioner that is a medical care <span class=\"dictionary\">facility<\/span> as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/32.1-3\/\">32.1-3<\/a>, the <span class=\"dictionary\">court<\/span> may, for good cause shown, <span class=\"dictionary\">order<\/span> that the reasonable costs for the guardian or <span class=\"dictionary\">conservator<\/span> be paid by the petitioner during the time the <span class=\"dictionary\">respondent<\/span> is under the care of such medical care <span class=\"dictionary\">facility<\/span>.\n\t\t\tThe <span class=\"dictionary\">court<\/span> in its <span class=\"dictionary\">order<\/span> shall make specific <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">fact<\/span> and conclusions of <span class=\"dictionary\">law<\/span> in support of each provision of any <span class=\"dictionary\">orders<\/span> entered. The <span class=\"dictionary\">order<\/span> of appointment shall be made in a form that complies with the requirements set out in &#xA7; <a class=\"law\" title=\"Court order of appointment; limited guardianships and conservatorships\" href=\"\/64.2-2009\/\">64.2-2009<\/a>. <a id=\"paragraph-283998\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2007\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nHEARING ON PETITION TO APPOINT (\u00a7 64.2-2007)\n\nA. The respondent is entitled to a jury trial upon request, and may compel the\nattendance of witnesses, present evidence on his own behalf, and confront and\ncross-examine witnesses.\n\nB. The court or the jury, if a jury is requested, shall hear the petition for\nthe appointment of a guardian or conservator. The hearing may be held at such\nconvenient place as the court directs, including the place where the respondent\nis located. The hearing shall be conducted within 120 days from the filing of\nthe petition unless the court postpones it for cause. The proposed guardian or\nconservator shall attend the hearing except for good cause shown and, where\nappropriate, shall provide the court with a recommendation as to living\narrangements and a treatment plan for the respondent. The respondent is entitled\nto be present at the hearing and all other stages of the proceedings. The\nrespondent shall be present if he so requests or if his presence is requested by\nthe guardian ad litem. Whether or not present, the respondent shall be regarded\nas having denied the allegations in the petition.\n\nC. In determining the need for a guardian or a conservator and the powers and\nduties of any guardian or conservator, if needed, consideration shall be given\nto the following factors: (i) the limitations of the respondent; (ii) the\ndevelopment of the respondent&#8217;s maximum self-reliance and independence;\n(iii) the availability of less restrictive alternatives, including advance\ndirectives, supported decision-making agreements, and durable powers of\nattorney; (iv) the extent to which it is necessary to protect the respondent\nfrom neglect, exploitation, or abuse; (v) the actions needed to be taken by the\nguardian or conservator; (vi) the suitability of the proposed guardian or\nconservator; and (vii) the best interests of the respondent.\n\nD. If, after considering the evidence presented at the hearing, the court or\njury determines on the basis of clear and convincing evidence that the\nrespondent is incapacitated and in need of a guardian or conservator, the court\nshall appoint a suitable person, who may be the spouse of the respondent, to be\nthe guardian or the conservator or both, giving due deference to the wishes of\nthe respondent. If a guardian or conservator is appointed, the court shall\ninform him of his duties and powers pursuant to Article 2 (&#xA7; 64.2-2019 et\nseq.) and shall further inform the guardian or conservator that, to the extent\nfeasible, the respondent should be encouraged to participate in decisions, act\non his own behalf, and develop or maintain the capacity to manage his personal\naffairs if he retains any decision-making rights. Except for good cause shown,\nincluding a determination by the court that there is no acceptable alternative\navailable to serve, the court shall not appoint as guardian or conservator for\nthe respondent an attorney who has been engaged by the petitioner to represent\nthe petitioner within three calendar years of the appointment. Such prohibition\nalso applies to all other attorneys and employees of the law firm with which\nsuch attorney is associated. The court shall require the proposed guardian or\nconservator to certify at the time of appointment that he has disclosed to the\ncourt any such representation of the petitioner or association with a law firm\nthat represented the petitioner within the three calendar years preceding the\nappointment. Compensation paid by a petitioner to an attorney or law firm for\nserving as a guardian or conservator shall not constitute representation of the\npetitioner by such attorney or law firm. In the case of a petitioner that is a\nmedical care facility as defined in &#xA7; 32.1-3, the court may, for good cause\nshown, order that the reasonable costs for the guardian or conservator be paid\nby the petitioner during the time the respondent is under the care of such\nmedical care facility.\n\t\t\tThe court in its order shall make specific findings of fact and conclusions\nof law in support of each provision of any orders entered. The order of\nappointment shall be made in a form that complies with the requirements set out\nin &#xA7; 64.2-2009.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.13; 2005, c. 716, \u00a7 37.2-1007; 2009, c. 433;\n2012, c. 614; 2013, c. 523; 2020, cc. 649, 855; 2021, Sp. Sess. I, c. 232.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}