{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2011.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2011.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2011.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2011.html"}],"law_id":67049,"edition_id":1,"section_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","history":"1997, c. 921, \u00a7 37.1-134.15; 1998, c. 582; 2005, c. 716, \u00a7 37.2-1011; 2012, c. 614; 2016, c. 30; 2020, c. 702; 2024, cc. 17, 156.","full_text":"A\n\nA guardian or conservator appointed in the court order shall qualify before the clerk upon the following:1\n\nSubscribing to an oath promising to faithfully perform the duties of the office in accordance with all provisions of this chapter;2\n\nPosting of bond, but no surety shall be required on the bond of the guardian, and the conservator&#8217;s bond may be with or without surety, as ordered by the court; and3\n\nAcceptance in writing by the guardian or conservator of any educational materials provided by the court.B\n\nUpon qualification, the clerk shall issue to the guardian or conservator a certificate with a copy of the order of appointment appended thereto. The clerk shall record the order in the same manner as a power of attorney would be recorded and shall, in addition to the requirements of &#xA7; 64.2-2014, provide a copy of the order to the commissioner of accounts. It shall be the duty of a conservator having the power to sell real estate to record the order in the office of the clerk of any jurisdiction where the respondent owns real property. If the order appoints a guardian, the clerk shall promptly forward a copy of the order of appointment and a copy of the certificate of qualification to the local department of social services in the jurisdiction where the respondent then resides and a copy of the order of appointment to the Department of Medical Assistance Services.C\n\nA conservator shall have all powers granted pursuant to &#xA7; 64.2-2021 as are necessary and proper for the performance of his duties in accordance with this chapter, subject to the limitations that are prescribed in the order. The powers granted to a guardian shall only be those powers enumerated in the court order.D\n\nAny individual or entity conducting business in good faith with a guardian or conservator who presents a currently effective certificate of qualification may presume that the guardian or conservator is properly authorized to act as to any matter or transaction, except to the extent of any limitations upon the fiduciary&#8217;s powers contained in the court&#8217;s order of appointment.1\n\nA person that refuses in violation of this subsection to accept a certificate of qualification is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification.2\n\nA person shall either accept or reject a certificate of qualification no later than seven business days after presentation of such certificate of qualification for acceptance. A person is not required to accept a certificate of qualification for a transaction if:\n\t\t\t\ta. Engaging in the transaction with the guardian or conservator would be inconsistent with state or federal law;\n\t\t\t\tb. The person has actual knowledge of the termination of the authority of the guardian or conservator or of the certificate of qualification before exercise of the power;\n\t\t\t\tc. The person in good faith believes that the certificate of qualification is not valid or that the guardian or conservator does not have the authority to perform the act requested; or\n\t\t\t\td. The person believes in good faith that the transaction may involve, facilitate, result in, or contribute to financial exploitation.","order_by":null,"text":{"0":{"id":243010,"text":"A guardian or conservator appointed in the court order shall qualify before the clerk upon the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":243011,"text":"Subscribing to an oath promising to faithfully perform the duties of the office in accordance with all provisions of this chapter;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":243012,"text":"Posting of bond, but no surety shall be required on the bond of the guardian, and the conservator&#8217;s bond may be with or without surety, as ordered by the court; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":243013,"text":"Acceptance in writing by the guardian or conservator of any educational materials provided by the court.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":243014,"text":"Upon qualification, the clerk shall issue to the guardian or conservator a certificate with a copy of the order of appointment appended thereto. The clerk shall record the order in the same manner as a power of attorney would be recorded and shall, in addition to the requirements of &#xA7; 64.2-2014, provide a copy of the order to the commissioner of accounts. It shall be the duty of a conservator having the power to sell real estate to record the order in the office of the clerk of any jurisdiction where the respondent owns real property. If the order appoints a guardian, the clerk shall promptly forward a copy of the order of appointment and a copy of the certificate of qualification to the local department of social services in the jurisdiction where the respondent then resides and a copy of the order of appointment to the Department of Medical Assistance Services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":243015,"text":"A conservator shall have all powers granted pursuant to &#xA7; 64.2-2021 as are necessary and proper for the performance of his duties in accordance with this chapter, subject to the limitations that are prescribed in the order. The powers granted to a guardian shall only be those powers enumerated in the court order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":243016,"text":"Any individual or entity conducting business in good faith with a guardian or conservator who presents a currently effective certificate of qualification may presume that the guardian or conservator is properly authorized to act as to any matter or transaction, except to the extent of any limitations upon the fiduciary&#8217;s powers contained in the court&#8217;s order of appointment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"7":{"id":243017,"text":"A person that refuses in violation of this subsection to accept a certificate of qualification is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":243018,"text":"A person shall either accept or reject a certificate of qualification no later than seven business days after presentation of such certificate of qualification for acceptance. A person is not required to accept a certificate of qualification for a transaction if:\n\t\t\t\ta. Engaging in the transaction with the guardian or conservator would be inconsistent with state or federal law;\n\t\t\t\tb. The person has actual knowledge of the termination of the authority of the guardian or conservator or of the certificate of qualification before exercise of the power;\n\t\t\t\tc. The person in good faith believes that the certificate of qualification is not valid or that the guardian or conservator does not have the authority to perform the act requested; or\n\t\t\t\td. The person believes in good faith that the transaction may involve, facilitate, result in, or contribute to financial exploitation.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2011\/","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 6 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 <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0582\">582<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0614\">614<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0030\">30<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0702\">702<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0017\">17<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0156\">156<\/a>.<\/p>","references":[{"id":65308,"section_number":"64.2-1426","catch_line":"Nonresident fiduciaries","order_by":null,"url":"\/64.2-1426\/"},{"id":62174,"section_number":"64.2-2029","catch_line":"Application to guardians and conservators appointed pursuant to \u00a7 64.2-2115","order_by":null,"url":"\/64.2-2029\/"}],"refers_to":[{"id":61902,"section_number":"64.2-2014","catch_line":"Clerk to index findings of incapacity or restoration; notice of findings","order_by":null,"url":"\/64.2-2014\/"},{"id":73684,"section_number":"64.2-2021","catch_line":"General duties and liabilities of conservator","order_by":null,"url":"\/64.2-2021\/"}],"permalink":{"id":275551,"object_type":"law","relational_id":67049,"identifier":"64.2-2011","token":"64.2\/IV\/D\/20\/1\/64.2-2011","url":"\/64.2-2011\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2011\/","token":"64.2\/IV\/D\/20\/1\/64.2-2011","dublin_core":{"Title":"Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2011","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> appointed in the <span class=\"dictionary\">court order<\/span> shall qualify before the clerk upon the following: <a id=\"paragraph-243010\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Subscribing to an <span class=\"dictionary\">oath<\/span> promising to faithfully perform the duties of the office in accordance with all provisions of this chapter; <a id=\"paragraph-243011\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Posting of <span class=\"dictionary\">bond<\/span>, but no <span class=\"dictionary\">surety<\/span> shall be required on the <span class=\"dictionary\">bond<\/span> of the <span class=\"dictionary\">guardian<\/span>, and the <span class=\"dictionary\">conservator<\/span>&#8217;s <span class=\"dictionary\">bond<\/span> may be with or without <span class=\"dictionary\">surety<\/span>, as ordered by the court; and <a id=\"paragraph-243012\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Acceptance in writing by the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> of any educational <span class=\"dictionary\">materials<\/span> provided by the court. <a id=\"paragraph-243013\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#A3\"><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> Upon qualification, the clerk shall <span class=\"dictionary\">issue<\/span> to the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> a certificate with a copy of the order of appointment appended thereto. The clerk shall record the order in the same manner as a <span class=\"dictionary\">power of attorney<\/span> would be recorded and shall, in addition to the requirements of &#xA7; <a class=\"law\" title=\"Clerk to index findings of incapacity or restoration; notice of findings\" href=\"\/64.2-2014\/\">64.2-2014<\/a>, provide a copy of the order to the commissioner of accounts. It shall be the duty of a <span class=\"dictionary\">conservator<\/span> having the power to sell real <span class=\"dictionary\">estate<\/span> to record the order in the office of the clerk of any <span class=\"dictionary\">jurisdiction<\/span> where the <span class=\"dictionary\">respondent<\/span> owns real <span class=\"dictionary\">property<\/span>. If the order appoints a <span class=\"dictionary\">guardian<\/span>, the clerk shall promptly forward a copy of the order of appointment and a copy of the certificate of qualification to the local department of social services in the <span class=\"dictionary\">jurisdiction<\/span> where the <span class=\"dictionary\">respondent<\/span> then resides and a copy of the order of appointment to the Department of Medical Assistance Services. <a id=\"paragraph-243014\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#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> A <span class=\"dictionary\">conservator<\/span> shall have all powers granted pursuant to &#xA7; <a class=\"law\" title=\"General duties and liabilities of conservator\" href=\"\/64.2-2021\/\">64.2-2021<\/a> as are necessary and proper for the performance of his duties in accordance with this chapter, subject to the limitations that are prescribed in the order. The powers granted to a <span class=\"dictionary\">guardian<\/span> shall only be those powers enumerated in the <span class=\"dictionary\">court order<\/span>. <a id=\"paragraph-243015\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#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> Any <span class=\"dictionary\">individual<\/span> or entity conducting business in good faith with a <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> who presents a currently effective certificate of qualification may presume that the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> is properly authorized to act as to any matter or transaction, except to the extent of any limitations upon the <span class=\"dictionary\">fiduciary<\/span>&#8217;s powers contained in the court&#8217;s order of appointment. <a id=\"paragraph-243016\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A person that refuses in violation of this subsection to accept a certificate of qualification is subject to (i) a <span class=\"dictionary\">court order<\/span> mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or <span class=\"dictionary\">mandates<\/span> acceptance of the certificate of qualification. <a id=\"paragraph-243017\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A person shall either accept or reject a certificate of qualification no later than seven business days after presentation of such certificate of qualification for acceptance. A person is not required to accept a certificate of qualification for a transaction if:\n\t\t\t\ta. Engaging in the transaction with the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> would be inconsistent with state or federal <span class=\"dictionary\">law<\/span>;\n\t\t\t\tb. The person has actual knowledge of the termination of the authority of the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> or of the certificate of qualification before exercise of the power;\n\t\t\t\tc. The person in good faith believes that the certificate of qualification is not valid or that the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> does not have the authority to perform the act requested; or\n\t\t\t\td. The person believes in good faith that the transaction may involve, facilitate, result in, or contribute to financial exploitation. <a id=\"paragraph-243018\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2011\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nQUALIFICATION OF GUARDIAN OR CONSERVATOR; CLERK TO RECORD ORDER AND ISSUE\nCERTIFICATE; RELIANCE ON CERTIFICATE (\u00a7 64.2-2011)\n\nA. A guardian or conservator appointed in the court order shall qualify before\nthe clerk upon the following:\n\n   1. Subscribing to an oath promising to faithfully perform the duties of the\n   office in accordance with all provisions of this chapter;\n\n   2. Posting of bond, but no surety shall be required on the bond of the\n   guardian, and the conservator&#8217;s bond may be with or without surety, as\n   ordered by the court; and\n\n   3. Acceptance in writing by the guardian or conservator of any educational\n   materials provided by the court.\n\nB. Upon qualification, the clerk shall issue to the guardian or conservator a\ncertificate with a copy of the order of appointment appended thereto. The clerk\nshall record the order in the same manner as a power of attorney would be\nrecorded and shall, in addition to the requirements of &#xA7; 64.2-2014, provide\na copy of the order to the commissioner of accounts. It shall be the duty of a\nconservator having the power to sell real estate to record the order in the\noffice of the clerk of any jurisdiction where the respondent owns real property.\nIf the order appoints a guardian, the clerk shall promptly forward a copy of the\norder of appointment and a copy of the certificate of qualification to the local\ndepartment of social services in the jurisdiction where the respondent then\nresides and a copy of the order of appointment to the Department of Medical\nAssistance Services.\n\nC. A conservator shall have all powers granted pursuant to &#xA7; 64.2-2021 as\nare necessary and proper for the performance of his duties in accordance with\nthis chapter, subject to the limitations that are prescribed in the order. The\npowers granted to a guardian shall only be those powers enumerated in the court\norder.\n\nD. Any individual or entity conducting business in good faith with a guardian or\nconservator who presents a currently effective certificate of qualification may\npresume that the guardian or conservator is properly authorized to act as to any\nmatter or transaction, except to the extent of any limitations upon the\nfiduciary&#8217;s powers contained in the court&#8217;s order of appointment.\n\n   1. A person that refuses in violation of this subsection to accept a\n   certificate of qualification is subject to (i) a court order mandating\n   acceptance of the certificate of qualification and (ii) liability for\n   reasonable attorney fees and costs incurred in any action or proceeding that\n   confirms the validity of the certificate of qualification or mandates\n   acceptance of the certificate of qualification.\n\n   2. A person shall either accept or reject a certificate of qualification no\n   later than seven business days after presentation of such certificate of\n   qualification for acceptance. A person is not required to accept a certificate\n   of qualification for a transaction if:\n   \t\t\t\ta. Engaging in the transaction with the guardian or conservator would be\n   inconsistent with state or federal law;\n   \t\t\t\tb. The person has actual knowledge of the termination of the authority of\n   the guardian or conservator or of the certificate of qualification before\n   exercise of the power;\n   \t\t\t\tc. The person in good faith believes that the certificate of qualification\n   is not valid or that the guardian or conservator does not have the authority\n   to perform the act requested; or\n   \t\t\t\td. The person believes in good faith that the transaction may involve,\n   facilitate, result in, or contribute to financial exploitation.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.15; 1998, c. 582; 2005, c. 716, \u00a7 37.2-1011;\n2012, c. 614; 2016, c. 30; 2020, c. 702; 2024, cc. 17, 156.","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}}