{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2009.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2009.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2009.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2009.html"}],"law_id":65289,"edition_id":1,"section_id":65289,"structure_id":15745,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","history":"1997, c. 921, \u00a7 37.1-134.14; 1998, c. 582; 2005, c. 716, \u00a7 37.2-1009; 2009, cc. 211, 268; 2010, cc. 455, 632; 2012, c. 614; 2016, c. 31; 2020, c. 855; 2022, c. 630; 2023, cc. 460, 595; 2024, c. 820.","full_text":"A\n\nThe court’s order appointing a guardian or conservator shall (i) state the nature and extent of the person’s incapacity; (ii) define the powers and duties of the guardian or conservator so as to permit the incapacitated person to care for himself and manage property to the extent he is capable; (iii) specify whether the appointment of a guardian or conservator is limited to a specified length of time, as the court in its discretion may determine; (iv) specify the legal disabilities, if any, of the person in connection with the finding of incapacity, including but not limited to mental competency for purposes of Article II, § 1 of the Constitution of Virginia or Title 24.2; (v) include any limitations deemed appropriate following consideration of the factors specified in § 64.2-2007; (vi) set the bond of the guardian and the bond and surety, if any, of the conservator; and (vii) where a petition is brought prior to the incapacitated person’s eighteenth birthday, pursuant to subsection C of § 64.2-2001, whether the order shall take effect immediately upon entry or on the incapacitated person’s eighteenth birthday.A1\n\nBeginning July 1, 2023, the court shall set a schedule in the order of appointment for periodic review hearings, to be held no later than one year after the initial appointment and no later than every three years thereafter, unless the court orders that such hearings are to be waived because they are unnecessary or impracticable or that such hearings shall be held on such other schedule as the court shall determine. Any such determination to waive the hearing or use a schedule differing from that prescribed in this subsection shall be supported in the order and address the reason for such determination, including (i) the likelihood that the respondent’s condition will improve or the respondent will regain capacity, (ii) whether concerns or questions were raised about the suitability of the person appointed as a guardian or conservator at the time of the initial appointment, and (iii) whether the appointment of a guardian or conservator or the appointment of the specifically appointed guardian or conservator was contested by the respondent or another party.\n\t\t\tThe court shall not waive the initial periodic review hearing scheduled pursuant to this subsection where the petitioner for guardianship or conservatorship is a hospital, convalescent home, or certified nursing facility licensed by the Department of Health pursuant to § 32.1-123; an assisted living facility, as defined in § 63.2-100, or any other similar institution; or a health care provider other than a family member. If the petitioner is a hospital, convalescent home, or certified nursing facility licensed by the Department of Health pursuant to § 32.1-123 or an assisted living facility as defined in § 63.2-100, nothing in this chapter shall require such petitioner to attend any periodic review hearing.\n\t\t\tAny person may file a petition, which may be on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia, to hold a periodic review hearing prior to the scheduled date set forth in the order of appointment. The court shall hold an earlier hearing upon good cause shown. At such a hearing, the court shall review the schedule set forth in the order of appointment and determine whether future periodic review hearings are necessary or may be waived.A2\n\nIf the court has ordered a hearing pursuant to subsection A1, the court shall appoint a guardian ad litem, who shall conduct an investigation in accordance with the stated purpose of the hearing and file a report. The incapacitated person has a right to be represented by counsel, and the provisions of § 64.2-2006 shall apply, mutatis mutandis. The guardian ad litem shall provide notice of the hearing to the incapacitated person and to all individuals entitled to notice as identified in the court order of appointment. Fees and costs shall be paid in accordance with the provisions of §§ 64.2-2003 and 64.2-2008. The court shall enter an order reflecting any findings made during the review hearing and any modification to the guardianship or conservatorship.B\n\nThe court may appoint a limited guardian for an incapacitated person who is capable of addressing some of the essential requirements for his care for the limited purpose of medical decision making, decisions about place of residency, or other specific decisions regarding his personal affairs. The court may appoint a limited conservator for an incapacitated person who is capable of managing some of his property and financial affairs for limited purposes that are specified in the order.C\n\nUnless the guardian has a professional relationship with the incapacitated person or is employed by or affiliated with a facility where the person resides, the court’s order may authorize the guardian to consent to the admission of the person to a facility pursuant to § 37.2-805.1, upon finding by clear and convincing evidence that (i) the person has severe and persistent mental illness that significantly impairs the person’s capacity to exercise judgment or self-control, as confirmed by the evaluation of a licensed psychiatrist; (ii) such condition is unlikely to improve in the foreseeable future; and (iii) the guardian has formulated a plan for providing ongoing treatment of the person’s illness in the least restrictive setting suitable for the person’s condition.D\n\nA guardian need not be appointed for a person who has appointed an agent under an advance directive executed in accordance with the provisions of Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the court determines that the agent is not acting in accordance with the wishes of the principal or there is a need for decision making outside the purview of the advance directive. A guardian need not be appointed for a person where a health care decision is made pursuant to, and within the scope of, the Health Care Decisions Act (§ 54.1-2981 et seq.).\n\t\t\tA conservator need not be appointed for a person (i) who has appointed an agent under a durable power of attorney, unless the court determines pursuant to the Uniform Power of Attorney Act (§ 64.2-1600 et seq.) that the agent is not acting in the best interests of the principal or there is a need for decision making outside the purview of the durable power of attorney or (ii) whose only or major source of income is from the Social Security Administration or other government program and who has a representative payee.E\n\nAll orders appointing a guardian shall include the following statements in conspicuous bold print in at least 14-point type:1\n\nPursuant to § 64.2-2009 of the Code of Virginia, (name of guardian), is hereby appointed as guardian of (name of respondent) with all duties and powers granted to a guardian pursuant to § 64.2-2019 of the Code of Virginia, including but not limited to: (enter a statement of the rights removed and retained, if any, at the time of appointment; whether the appointment of a guardian is a full guardianship, public guardianship pursuant to § 64.2-2010 of the Code of Virginia, limited guardianship pursuant to § 64.2-2009 of the Code of Virginia, or temporary guardianship; and the duration of the appointment).2\n\nPursuant to the provisions of subsection E of § 64.2-2019 of the Code of Virginia, a guardian, to the extent possible, shall encourage the incapacitated person to participate in decisions, shall consider the expressed desires and personal values of the incapacitated person to the extent known, and shall not restrict an incapacitated person’s ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person and after consideration of the expressed wishes of the incapacitated person. Such restrictions shall only be imposed pursuant to § 64.2-2019.1.3\n\nPursuant to § 64.2-2020 of the Code of Virginia, an annual report shall be filed by the guardian with the local department of social services for the jurisdiction where the incapacitated person resides.4\n\nPursuant to § 64.2-2012 of the Code of Virginia, all guardianship orders are subject to petition for restoration of the incapacitated person to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship. In lieu of such a petition, if the person subject to the guardianship is not represented by counsel, such person may initiate the process by sending informal written communications to the court. All orders appointing a guardian, conservator, or both shall include the current mailing address, email address, and physical address of the court issuing the order and to which such informal written communication shall be directed.","order_by":null,"text":{"0":{"id":237438,"text":"The court’s order appointing a guardian or conservator shall (i) state the nature and extent of the person’s incapacity; (ii) define the powers and duties of the guardian or conservator so as to permit the incapacitated person to care for himself and manage property to the extent he is capable; (iii) specify whether the appointment of a guardian or conservator is limited to a specified length of time, as the court in its discretion may determine; (iv) specify the legal disabilities, if any, of the person in connection with the finding of incapacity, including but not limited to mental competency for purposes of Article II, § 1 of the Constitution of Virginia or Title 24.2; (v) include any limitations deemed appropriate following consideration of the factors specified in § 64.2-2007; (vi) set the bond of the guardian and the bond and surety, if any, of the conservator; and (vii) where a petition is brought prior to the incapacitated person’s eighteenth birthday, pursuant to subsection C of § 64.2-2001, whether the order shall take effect immediately upon entry or on the incapacitated person’s eighteenth birthday.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":237439,"text":"Beginning July 1, 2023, the court shall set a schedule in the order of appointment for periodic review hearings, to be held no later than one year after the initial appointment and no later than every three years thereafter, unless the court orders that such hearings are to be waived because they are unnecessary or impracticable or that such hearings shall be held on such other schedule as the court shall determine. Any such determination to waive the hearing or use a schedule differing from that prescribed in this subsection shall be supported in the order and address the reason for such determination, including (i) the likelihood that the respondent’s condition will improve or the respondent will regain capacity, (ii) whether concerns or questions were raised about the suitability of the person appointed as a guardian or conservator at the time of the initial appointment, and (iii) whether the appointment of a guardian or conservator or the appointment of the specifically appointed guardian or conservator was contested by the respondent or another party.\n\t\t\tThe court shall not waive the initial periodic review hearing scheduled pursuant to this subsection where the petitioner for guardianship or conservatorship is a hospital, convalescent home, or certified nursing facility licensed by the Department of Health pursuant to § 32.1-123; an assisted living facility, as defined in § 63.2-100, or any other similar institution; or a health care provider other than a family member. If the petitioner is a hospital, convalescent home, or certified nursing facility licensed by the Department of Health pursuant to § 32.1-123 or an assisted living facility as defined in § 63.2-100, nothing in this chapter shall require such petitioner to attend any periodic review hearing.\n\t\t\tAny person may file a petition, which may be on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia, to hold a periodic review hearing prior to the scheduled date set forth in the order of appointment. The court shall hold an earlier hearing upon good cause shown. At such a hearing, the court shall review the schedule set forth in the order of appointment and determine whether future periodic review hearings are necessary or may be waived.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":237440,"text":"If the court has ordered a hearing pursuant to subsection A1, the court shall appoint a guardian ad litem, who shall conduct an investigation in accordance with the stated purpose of the hearing and file a report. The incapacitated person has a right to be represented by counsel, and the provisions of § 64.2-2006 shall apply, mutatis mutandis. The guardian ad litem shall provide notice of the hearing to the incapacitated person and to all individuals entitled to notice as identified in the court order of appointment. Fees and costs shall be paid in accordance with the provisions of §§ 64.2-2003 and 64.2-2008. The court shall enter an order reflecting any findings made during the review hearing and any modification to the guardianship or conservatorship.","type":"section","prefixes":["A2"],"prefix":"A2","entire_prefix":"A2","prefix_anchor":"A2","level":1,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":237441,"text":"The court may appoint a limited guardian for an incapacitated person who is capable of addressing some of the essential requirements for his care for the limited purpose of medical decision making, decisions about place of residency, or other specific decisions regarding his personal affairs. The court may appoint a limited conservator for an incapacitated person who is capable of managing some of his property and financial affairs for limited purposes that are specified in the order.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":237442,"text":"Unless the guardian has a professional relationship with the incapacitated person or is employed by or affiliated with a facility where the person resides, the court’s order may authorize the guardian to consent to the admission of the person to a facility pursuant to § 37.2-805.1, upon finding by clear and convincing evidence that (i) the person has severe and persistent mental illness that significantly impairs the person’s capacity to exercise judgment or self-control, as confirmed by the evaluation of a licensed psychiatrist; (ii) such condition is unlikely to improve in the foreseeable future; and (iii) the guardian has formulated a plan for providing ongoing treatment of the person’s illness in the least restrictive setting suitable for the person’s condition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":237443,"text":"A guardian need not be appointed for a person who has appointed an agent under an advance directive executed in accordance with the provisions of Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the court determines that the agent is not acting in accordance with the wishes of the principal or there is a need for decision making outside the purview of the advance directive. A guardian need not be appointed for a person where a health care decision is made pursuant to, and within the scope of, the Health Care Decisions Act (§ 54.1-2981 et seq.).\n\t\t\tA conservator need not be appointed for a person (i) who has appointed an agent under a durable power of attorney, unless the court determines pursuant to the Uniform Power of Attorney Act (§ 64.2-1600 et seq.) that the agent is not acting in the best interests of the principal or there is a need for decision making outside the purview of the durable power of attorney or (ii) whose only or major source of income is from the Social Security Administration or other government program and who has a representative payee.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":237444,"text":"All orders appointing a guardian shall include the following statements in conspicuous bold print in at least 14-point type:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":237445,"text":"Pursuant to § 64.2-2009 of the Code of Virginia, (name of guardian), is hereby appointed as guardian of (name of respondent) with all duties and powers granted to a guardian pursuant to § 64.2-2019 of the Code of Virginia, including but not limited to: (enter a statement of the rights removed and retained, if any, at the time of appointment; whether the appointment of a guardian is a full guardianship, public guardianship pursuant to § 64.2-2010 of the Code of Virginia, limited guardianship pursuant to § 64.2-2009 of the Code of Virginia, or temporary guardianship; and the duration of the appointment).","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":237446,"text":"Pursuant to the provisions of subsection E of § 64.2-2019 of the Code of Virginia, a guardian, to the extent possible, shall encourage the incapacitated person to participate in decisions, shall consider the expressed desires and personal values of the incapacitated person to the extent known, and shall not restrict an incapacitated person’s ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person and after consideration of the expressed wishes of the incapacitated person. Such restrictions shall only be imposed pursuant to § 64.2-2019.1.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":237447,"text":"Pursuant to § 64.2-2020 of the Code of Virginia, an annual report shall be filed by the guardian with the local department of social services for the jurisdiction where the incapacitated person resides.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":237448,"text":"Pursuant to § 64.2-2012 of the Code of Virginia, all guardianship orders are subject to petition for restoration of the incapacitated person to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship. In lieu of such a petition, if the person subject to the guardianship is not represented by counsel, such person may initiate the process by sending informal written communications to the court. All orders appointing a guardian, conservator, or both shall include the current mailing address, email address, and physical address of the court issuing the order and to which such informal written communication shall be directed.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2009\/","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 10 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 1998, chapter 582<\/a>; in 2005, chapter 716<\/a>; in 2009, chapters 211<\/a> and 268<\/a>; in 2010, chapters 455<\/a> and 632<\/a>; in 2012, chapter 614<\/a>; in 2016, chapter 31<\/a>; in 2020, chapter 855<\/a>; in 2022, chapter 630<\/a>; in 2023, chapters 460<\/a> and 595<\/a>; in 2024, chapter 820<\/a>.<\/p>","references":[{"id":73953,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","order_by":null,"url":"\/37.2-805.1\/"},{"id":79330,"section_number":"64.2-2007","catch_line":"Hearing on petition to appoint","order_by":null,"url":"\/64.2-2007\/"},{"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":61429,"section_number":"64.2-2009.1","catch_line":"Periodic review hearings","order_by":null,"url":"\/64.2-2009.1\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"},{"id":58544,"section_number":"64.2-2020","catch_line":"Annual reports by guardians","order_by":null,"url":"\/64.2-2020\/"},{"id":70953,"section_number":"64.2-2023","catch_line":"Estate planning","order_by":null,"url":"\/64.2-2023\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":73953,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","order_by":null,"url":"\/37.2-805.1\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":68410,"section_number":"64.2-1600","catch_line":"Definitions","order_by":null,"url":"\/64.2-1600\/"},{"id":60482,"section_number":"64.2-2001","catch_line":"Filing of petition; jurisdiction; instructions to be provided","order_by":null,"url":"\/64.2-2001\/"},{"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\/"},{"id":74643,"section_number":"64.2-2008","catch_line":"Fees and costs","order_by":null,"url":"\/64.2-2008\/"},{"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":75048,"section_number":"64.2-2010","catch_line":"Eligibility for public guardian or conservator","order_by":null,"url":"\/64.2-2010\/"},{"id":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"},{"id":58544,"section_number":"64.2-2020","catch_line":"Annual reports by guardians","order_by":null,"url":"\/64.2-2020\/"}],"permalink":{"id":275539,"object_type":"law","relational_id":65289,"identifier":"64.2-2009","token":"64.2\/IV\/D\/20\/1\/64.2-2009","url":"\/64.2-2009\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2009\/","token":"64.2\/IV\/D\/20\/1\/64.2-2009","dublin_core":{"Title":"Court order of appointment; limited guardianships and conservatorships","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2009","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span>’s order<\/span> appointing a guardian<\/span> or conservator<\/span> shall (i) state the nature and extent of the person’s incapacity; (ii) define the powers and duties of the guardian<\/span> or conservator<\/span> so as to permit the incapacitated person<\/span> to care for himself and manage property<\/span> to the extent he is capable; (iii) specify whether the appointment of a guardian<\/span> or conservator<\/span> is limited to a specified length of time, as the court<\/span> in its discretion may determine; (iv) specify the legal disabilities, if any, of the person in connection with the finding<\/span> of incapacity, including but not limited to mental competency for purposes of Article II, § 1 of the Constitution of Virginia or Title 24.2; (v) include any limitations deemed appropriate following consideration of the factors specified in § 64.2-2007<\/a>; (vi) set the bond<\/span> of the guardian<\/span> and the bond<\/span> and surety<\/span>, if any, of the conservator<\/span>; and (vii) where a petition<\/span> is brought prior to the incapacitated person<\/span>’s eighteenth birthday, pursuant to subsection C of § 64.2-2001<\/a>, whether the order<\/span> shall take effect immediately upon entry or on the incapacitated person<\/span>’s eighteenth birthday. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Beginning July 1, 2023, the court shall set a schedule in the order<\/span> of appointment for periodic review hearings<\/span>, to be held no later than one year after the initial appointment and no later than every three years thereafter, unless the court orders<\/span> that such hearings<\/span> are to be waived because they are unnecessary or impracticable or that such hearings<\/span> shall be held on such other schedule as the court shall determine. Any such determination to waive<\/span> the hearing<\/span> or use a schedule differing from that prescribed in this subsection shall be supported in the order<\/span> and address the reason for such determination, including (i) the likelihood that the respondent<\/span>’s condition will<\/span> improve or the respondent<\/span> will<\/span> regain capacity, (ii) whether concerns or questions were raised about the suitability of the person appointed as a guardian<\/span> or conservator<\/span> at the time of the initial appointment, and (iii) whether the appointment of a guardian<\/span> or conservator<\/span> or the appointment of the specifically appointed guardian<\/span> or conservator<\/span> was contested by the respondent<\/span> or another party<\/span>.\n\t\t\tThe court shall not waive<\/span> the initial periodic review hearing<\/span> scheduled pursuant to this subsection where the petitioner for guardianship or conservatorship is a hospital, convalescent home, or certified nursing facility<\/span> licensed by the Department of Health pursuant to § 32.1-123<\/a>; an assisted living facility<\/span>, as defined in § 63.2-100<\/a>, or any other similar institution; or a health care provider other than a family member. If the petitioner is a hospital, convalescent home, or certified nursing facility<\/span> licensed by the Department of Health pursuant to § 32.1-123<\/a> or an assisted living facility<\/span> as defined in § 63.2-100<\/a>, nothing in this chapter shall require such petitioner to attend any periodic review hearing<\/span>.\n\t\t\tAny person may file a petition<\/span>, which may be on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia, to hold a periodic review hearing<\/span> prior to the scheduled date set forth in the order<\/span> of appointment. The court shall hold an earlier hearing<\/span> upon good cause shown. At such a hearing<\/span>, the court shall review the schedule set forth in the order<\/span> of appointment and determine whether future periodic review hearings<\/span> are necessary or may be waived. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A2.<\/span> If the court has ordered a hearing<\/span> pursuant to subsection A1, the court shall appoint a guardian ad litem<\/span>, who shall conduct an investigation in accordance with the stated purpose of the hearing<\/span> and file a report. The incapacitated person<\/span> has a right to be represented by counsel<\/span>, and the provisions of § 64.2-2006<\/a> shall apply, mutatis mutandis<\/span>. The guardian ad litem<\/span> shall provide notice of the hearing<\/span> to the incapacitated person<\/span> and to all individuals<\/span> entitled to notice as identified in the court order<\/span> of appointment. Fees and costs shall be paid in accordance with the provisions of §§ 64.2-2003<\/a> and 64.2-2008<\/a>. The court shall enter an order reflecting any findings<\/span> made during the review hearing<\/span> and any modification to the guardianship or conservatorship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court may appoint a limited guardian<\/span> for an incapacitated person<\/span> who is capable of addressing some of the essential requirements for his care for the limited purpose of medical decision making, decisions about place of residency, or other specific decisions regarding his personal affairs. The court may appoint a limited conservator<\/span> for an incapacitated person<\/span> who is capable of managing some of his property<\/span> and financial affairs for limited purposes that are specified in the order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Unless the guardian has a professional relationship with the incapacitated person<\/span> or is employed by or affiliated with a facility<\/span> where the person resides, the court’s order may authorize the guardian to consent to the admission of the person to a facility<\/span> pursuant to § 37.2-805.1<\/a>, upon finding<\/span> by clear and convincing evidence<\/span> that (i) the person has severe and persistent mental illness<\/span> that significantly impairs the person’s capacity to exercise judgment<\/span> or self-control, as confirmed by the evaluation of a licensed psychiatrist; (ii) such condition is unlikely to improve in the foreseeable future; and (iii) the guardian has formulated a plan for providing ongoing treatment of the person’s illness in the least restrictive setting suitable for the person’s condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A guardian need not be appointed for a person who has appointed an agent under an advance directive executed in accordance with the provisions of Article 8 (§ 54.1-2981<\/a> et seq.) of Chapter 29 of Title 54.1, unless the court determines that the agent is not acting in accordance with the wishes of the principal or there is a need for decision making outside the purview of the advance directive. A guardian need not be appointed for a person where a health care decision is made pursuant to, and within the scope of, the Health Care Decisions Act (§ 54.1-2981<\/a> et seq.).\n\t\t\tA conservator need not be appointed for a person (i) who has appointed an agent under a durable power of attorney<\/span>, unless the court determines pursuant to the Uniform Power of Attorney<\/span> Act (§ 64.2-1600<\/a> et seq.) that the agent is not acting in the best interests of the principal or there is a need for decision making outside the purview of the durable power of attorney<\/span> or (ii) whose only or major source of income is from the Social Security Administration or other government program and who has a representative payee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All orders appointing a guardian shall include the following statements in conspicuous bold print in at least 14-point type: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Pursuant to § 64.2-2009<\/a> of the Code of Virginia, (name of guardian), is hereby appointed as guardian of (name of respondent<\/span>) with all duties and powers granted to a guardian pursuant to § 64.2-2019<\/a> of the Code of Virginia, including but not limited to: (enter a statement of the rights removed and retained, if any, at the time of appointment; whether the appointment of a guardian is a full guardianship, public guardianship pursuant to § 64.2-2010<\/a> of the Code of Virginia, limited guardianship pursuant to § 64.2-2009<\/a> of the Code of Virginia, or temporary guardianship; and the duration of the appointment). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pursuant to the provisions of subsection E of § 64.2-2019<\/a> of the Code of Virginia, a guardian, to the extent possible, shall encourage the incapacitated person<\/span> to participate in decisions, shall consider the expressed desires and personal values<\/span> of the incapacitated person<\/span> to the extent known, and shall not restrict an incapacitated person<\/span>’s ability to communicate with, visit, or interact with other persons with whom the incapacitated person<\/span> has an established relationship, unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person<\/span> and after consideration of the expressed wishes of the incapacitated person<\/span>. Such restrictions shall only be imposed pursuant to § 64.2-2019.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Pursuant to § 64.2-2020<\/a> of the Code of Virginia, an annual report<\/span> shall be filed by the guardian with the local department of social services for the jurisdiction<\/span> where the incapacitated person<\/span> resides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Pursuant to § 64.2-2012<\/a> of the Code of Virginia, all guardianship orders are subject to petition<\/span> for restoration of the incapacitated person<\/span> to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship. In lieu of such a petition<\/span>, if the person subject to the guardianship is not represented by counsel<\/span>, such person may initiate the process by sending informal written communications to the court. All orders appointing a guardian, conservator, or both shall include the current mailing address, email address, and physical address of the court issuing the order and to which such informal written communication shall be directed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT ORDER OF APPOINTMENT; LIMITED GUARDIANSHIPS AND CONSERVATORSHIPS (\u00a7\n64.2-2009)\n\nA. The court’s order appointing a guardian or conservator shall (i) state\nthe nature and extent of the person’s incapacity; (ii) define the powers\nand duties of the guardian or conservator so as to permit the incapacitated\nperson to care for himself and manage property to the extent he is capable;\n(iii) specify whether the appointment of a guardian or conservator is limited to\na specified length of time, as the court in its discretion may determine; (iv)\nspecify the legal disabilities, if any, of the person in connection with the\nfinding of incapacity, including but not limited to mental competency for\npurposes of Article II, § 1 of the Constitution of Virginia or Title 24.2;\n(v) include any limitations deemed appropriate following consideration of the\nfactors specified in § 64.2-2007; (vi) set the bond of the guardian and the\nbond and surety, if any, of the conservator; and (vii) where a petition is\nbrought prior to the incapacitated person’s eighteenth birthday, pursuant\nto subsection C of § 64.2-2001, whether the order shall take effect\nimmediately upon entry or on the incapacitated person’s eighteenth\nbirthday.\n\nA1. Beginning July 1, 2023, the court shall set a schedule in the order of\nappointment for periodic review hearings, to be held no later than one year\nafter the initial appointment and no later than every three years thereafter,\nunless the court orders that such hearings are to be waived because they are\nunnecessary or impracticable or that such hearings shall be held on such other\nschedule as the court shall determine. Any such determination to waive the\nhearing or use a schedule differing from that prescribed in this subsection\nshall be supported in the order and address the reason for such determination,\nincluding (i) the likelihood that the respondent’s condition will improve\nor the respondent will regain capacity, (ii) whether concerns or questions were\nraised about the suitability of the person appointed as a guardian or\nconservator at the time of the initial appointment, and (iii) whether the\nappointment of a guardian or conservator or the appointment of the specifically\nappointed guardian or conservator was contested by the respondent or another\nparty.\n\t\t\tThe court shall not waive the initial periodic review hearing scheduled\npursuant to this subsection where the petitioner for guardianship or\nconservatorship is a hospital, convalescent home, or certified nursing facility\nlicensed by the Department of Health pursuant to § 32.1-123; an assisted\nliving facility, as defined in § 63.2-100, or any other similar\ninstitution; or a health care provider other than a family member. If the\npetitioner is a hospital, convalescent home, or certified nursing facility\nlicensed by the Department of Health pursuant to § 32.1-123 or an assisted\nliving facility as defined in § 63.2-100, nothing in this chapter shall\nrequire such petitioner to attend any periodic review hearing.\n\t\t\tAny person may file a petition, which may be on a form developed by the\nOffice of the Executive Secretary of the Supreme Court of Virginia, to hold a\nperiodic review hearing prior to the scheduled date set forth in the order of\nappointment. The court shall hold an earlier hearing upon good cause shown. At\nsuch a hearing, the court shall review the schedule set forth in the order of\nappointment and determine whether future periodic review hearings are necessary\nor may be waived.\n\nA2. If the court has ordered a hearing pursuant to subsection A1, the court\nshall appoint a guardian ad litem, who shall conduct an investigation in\naccordance with the stated purpose of the hearing and file a report. The\nincapacitated person has a right to be represented by counsel, and the\nprovisions of § 64.2-2006 shall apply, mutatis mutandis. The guardian ad\nlitem shall provide notice of the hearing to the incapacitated person and to all\nindividuals entitled to notice as identified in the court order of appointment.\nFees and costs shall be paid in accordance with the provisions of §§\n64.2-2003 and 64.2-2008. The court shall enter an order reflecting any findings\nmade during the review hearing and any modification to the guardianship or\nconservatorship.\n\nB. The court may appoint a limited guardian for an incapacitated person who is\ncapable of addressing some of the essential requirements for his care for the\nlimited purpose of medical decision making, decisions about place of residency,\nor other specific decisions regarding his personal affairs. The court may\nappoint a limited conservator for an incapacitated person who is capable of\nmanaging some of his property and financial affairs for limited purposes that\nare specified in the order.\n\nC. Unless the guardian has a professional relationship with the incapacitated\nperson or is employed by or affiliated with a facility where the person resides,\nthe court’s order may authorize the guardian to consent to the admission\nof the person to a facility pursuant to § 37.2-805.1, upon finding by clear\nand convincing evidence that (i) the person has severe and persistent mental\nillness that significantly impairs the person’s capacity to exercise\njudgment or self-control, as confirmed by the evaluation of a licensed\npsychiatrist; (ii) such condition is unlikely to improve in the foreseeable\nfuture; and (iii) the guardian has formulated a plan for providing ongoing\ntreatment of the person’s illness in the least restrictive setting\nsuitable for the person’s condition.\n\nD. A guardian need not be appointed for a person who has appointed an agent\nunder an advance directive executed in accordance with the provisions of Article\n8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the court\ndetermines that the agent is not acting in accordance with the wishes of the\nprincipal or there is a need for decision making outside the purview of the\nadvance directive. A guardian need not be appointed for a person where a health\ncare decision is made pursuant to, and within the scope of, the Health Care\nDecisions Act (§ 54.1-2981 et seq.).\n\t\t\tA conservator need not be appointed for a person (i) who has appointed an\nagent under a durable power of attorney, unless the court determines pursuant to\nthe Uniform Power of Attorney Act (§ 64.2-1600 et seq.) that the agent is\nnot acting in the best interests of the principal or there is a need for\ndecision making outside the purview of the durable power of attorney or (ii)\nwhose only or major source of income is from the Social Security Administration\nor other government program and who has a representative payee.\n\nE. All orders appointing a guardian shall include the following statements in\nconspicuous bold print in at least 14-point type:\n\n 1. Pursuant to § 64.2-2009 of the Code of Virginia, (name of guardian),\n is hereby appointed as guardian of (name of respondent) with all duties and\n powers granted to a guardian pursuant to § 64.2-2019 of the Code of\n Virginia, including but not limited to: (enter a statement of the rights\n removed and retained, if any, at the time of appointment; whether the\n appointment of a guardian is a full guardianship, public guardianship pursuant\n to § 64.2-2010 of the Code of Virginia, limited guardianship pursuant to\n § 64.2-2009 of the Code of Virginia, or temporary guardianship; and the\n duration of the appointment).\n\n 2. Pursuant to the provisions of subsection E of § 64.2-2019 of the Code\n of Virginia, a guardian, to the extent possible, shall encourage the\n incapacitated person to participate in decisions, shall consider the expressed\n desires and personal values of the incapacitated person to the extent known,\n and shall not restrict an incapacitated person’s ability to communicate\n with, visit, or interact with other persons with whom the incapacitated person\n has an established relationship, unless such restriction is reasonable to\n prevent physical, mental, or emotional harm to or financial exploitation of\n such incapacitated person and after consideration of the expressed wishes of\n the incapacitated person. Such restrictions shall only be imposed pursuant to\n § 64.2-2019.1.\n\n 3. Pursuant to § 64.2-2020 of the Code of Virginia, an annual report\n shall be filed by the guardian with the local department of social services\n for the jurisdiction where the incapacitated person resides.\n\n 4. Pursuant to § 64.2-2012 of the Code of Virginia, all guardianship\n orders are subject to petition for restoration of the incapacitated person to\n capacity; modification of the type of appointment or areas of protection,\n management, or assistance granted; or termination of the guardianship. In lieu\n of such a petition, if the person subject to the guardianship is not\n represented by counsel, such person may initiate the process by sending\n informal written communications to the court. All orders appointing a\n guardian, conservator, or both shall include the current mailing address,\n email address, and physical address of the court issuing the order and to\n which such informal written communication shall be directed.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.14; 1998, c. 582; 2005, c. 716, \u00a7 37.2-1009;\n2009, cc. 211, 268; 2010, cc. 455, 632; 2012, c. 614; 2016, c. 31; 2020, c. 855;\n2022, c. 630; 2023, cc. 460, 595; 2024, c. 820.","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}}