{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2012.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2012.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2012.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2012.html"}],"law_id":76117,"edition_id":1,"section_id":76117,"structure_id":15745,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","history":"1997, c. 921, \u00a7 37.1-134.16; 2005, c. 716, \u00a7 37.2-1012; 2012, c. 614; 2021, Sp. Sess. I, c. 427; 2024, c. 820.","full_text":"A\n\nUpon petition by the incapacitated person, the guardian or conservator, or any other person or upon motion of the court, the court may (i) declare the incapacitated person restored to capacity; (ii) modify the type of appointment or the areas of protection, management, or assistance previously granted or require a new bond; (iii) terminate the guardianship or conservatorship; (iv) order removal of the guardian or conservator as provided in § 64.2-1410; or (v) order other appropriate relief. The fee for filing the petition shall be as provided in subdivision A 42 of § 17.1-275.A1\n\nInstead of the filing of a petition or upon motion provided by subsection A, if the person subject to the guardianship or conservatorship is not represented by counsel, such person may initiate the process to be restored to capacity or have guardianship or conservatorship modified or terminated by informal written communication to the court.\n\t\t\tUpon receipt of such informal written communication, the court shall review the communication to determine whether there is good cause to take action and may (i) set the matter for hearing pursuant to the provisions of this section or (ii) take no action if there is not good cause for such a hearing. The court shall communicate its decision to the incapacitated person and any guardian, conservator, and guardian ad litem then serving. Any court response, whether to set the matter for hearing or take no action, shall be issued in the form of a court order.\n\t\t\tNo filing fee shall be assessed for the receipt of such informal communication.B\n\nIn the case of a petition for modification to expand the scope of a guardianship or conservatorship, the incapacitated person shall be entitled to a jury, upon request. Notice of the hearing and a copy of the petition shall be personally served on the incapacitated person and mailed to other persons entitled to notice pursuant to § 64.2-2004. The court shall appoint a guardian ad litem for the incapacitated person and may appoint one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the incapacitated person, as alleged in the petition, to conduct an evaluation. Upon the filing of any other such petition or upon the motion of the court, and after reasonable notice to the incapacitated person, any guardian or conservator, any attorney of record, any person entitled to notice of the filing of an original petition as provided in § 64.2-2004, and any other person or entity as the court may require, the court shall hold a hearing. Upon the filing of any petition or submission of informal written communications pursuant to subsection A1, the incapacitated person has a right to be represented by counsel, and the provisions of § 64.2-2006 shall apply, mutatis mutandis.C\n\nAn order appointing a guardian or conservator may be revoked, modified, or terminated upon a finding that it is in the best interests of the incapacitated person and that:1\n\nThe incapacitated person is no longer in need of the assistance or protection of a guardian or conservator;2\n\nThe extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need of the incapacitated person;3\n\nThe incapacitated person’s understanding or capacity to manage his estate and financial affairs or to provide for his health, care, or safety has so changed as to warrant such action; or4\n\nCircumstances are such that the guardianship or conservatorship is no longer necessary or is insufficient.D\n\nThe court shall declare the person restored to capacity and discharge the guardian or conservator if, on the basis of evidence offered at the hearing, the court finds by a preponderance of the evidence that the incapacitated person has substantially regained his ability to (i) care for his person in the case of a guardianship or (ii) manage and handle his estate in the case of a conservatorship.\n\t\t\tIn the case of a petition for modification of a guardianship or conservatorship, the court shall order (a) limiting or reducing the powers of the guardian or conservator if the court finds by a preponderance of the evidence that it is in the best interests of the incapacitated person to do so, or (b) increasing or expanding the powers of the guardian or conservator if the court finds by clear and convincing evidence that it is in the best interests of the incapacitated person to do so.\n\t\t\tThe court may order a new bond or other appropriate relief upon finding by a preponderance of the evidence that the guardian or conservator is not acting in the best interests of the incapacitated person or of the estate.E\n\nThe powers of a guardian or conservator shall terminate upon the death, resignation, or removal of the guardian or conservator or upon the termination of the guardianship or conservatorship.\n\t\t\tA guardianship or conservatorship shall terminate upon the death of the incapacitated person or, if ordered by the court, following a hearing on the petition of any interested person.F\n\nThe court may allow reasonable compensation from the estate of the incapacitated person to any guardian ad litem, attorney, or evaluator appointed pursuant to this section. Any compensation allowed shall be taxed as costs of the proceeding.","order_by":null,"text":{"0":{"id":273194,"text":"Upon petition by the incapacitated person, the guardian or conservator, or any other person or upon motion of the court, the court may (i) declare the incapacitated person restored to capacity; (ii) modify the type of appointment or the areas of protection, management, or assistance previously granted or require a new bond; (iii) terminate the guardianship or conservatorship; (iv) order removal of the guardian or conservator as provided in § 64.2-1410; or (v) order other appropriate relief. The fee for filing the petition shall be as provided in subdivision A 42 of § 17.1-275.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":273195,"text":"Instead of the filing of a petition or upon motion provided by subsection A, if the person subject to the guardianship or conservatorship is not represented by counsel, such person may initiate the process to be restored to capacity or have guardianship or conservatorship modified or terminated by informal written communication to the court.\n\t\t\tUpon receipt of such informal written communication, the court shall review the communication to determine whether there is good cause to take action and may (i) set the matter for hearing pursuant to the provisions of this section or (ii) take no action if there is not good cause for such a hearing. The court shall communicate its decision to the incapacitated person and any guardian, conservator, and guardian ad litem then serving. Any court response, whether to set the matter for hearing or take no action, shall be issued in the form of a court order.\n\t\t\tNo filing fee shall be assessed for the receipt of such informal communication.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":273196,"text":"In the case of a petition for modification to expand the scope of a guardianship or conservatorship, the incapacitated person shall be entitled to a jury, upon request. Notice of the hearing and a copy of the petition shall be personally served on the incapacitated person and mailed to other persons entitled to notice pursuant to § 64.2-2004. The court shall appoint a guardian ad litem for the incapacitated person and may appoint one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the incapacitated person, as alleged in the petition, to conduct an evaluation. Upon the filing of any other such petition or upon the motion of the court, and after reasonable notice to the incapacitated person, any guardian or conservator, any attorney of record, any person entitled to notice of the filing of an original petition as provided in § 64.2-2004, and any other person or entity as the court may require, the court shall hold a hearing. Upon the filing of any petition or submission of informal written communications pursuant to subsection A1, the incapacitated person has a right to be represented by counsel, and the provisions of § 64.2-2006 shall apply, mutatis mutandis.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"3":{"id":273197,"text":"An order appointing a guardian or conservator may be revoked, modified, or terminated upon a finding that it is in the best interests of the incapacitated person and that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"4":{"id":273198,"text":"The incapacitated person is no longer in need of the assistance or protection of a guardian or conservator;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"5":{"id":273199,"text":"The extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need of the incapacitated person;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"6":{"id":273200,"text":"The incapacitated person’s understanding or capacity to manage his estate and financial affairs or to provide for his health, care, or safety has so changed as to warrant such action; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"7":{"id":273201,"text":"Circumstances are such that the guardianship or conservatorship is no longer necessary or is insufficient.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"8":{"id":273202,"text":"The court shall declare the person restored to capacity and discharge the guardian or conservator if, on the basis of evidence offered at the hearing, the court finds by a preponderance of the evidence that the incapacitated person has substantially regained his ability to (i) care for his person in the case of a guardianship or (ii) manage and handle his estate in the case of a conservatorship.\n\t\t\tIn the case of a petition for modification of a guardianship or conservatorship, the court shall order (a) limiting or reducing the powers of the guardian or conservator if the court finds by a preponderance of the evidence that it is in the best interests of the incapacitated person to do so, or (b) increasing or expanding the powers of the guardian or conservator if the court finds by clear and convincing evidence that it is in the best interests of the incapacitated person to do so.\n\t\t\tThe court may order a new bond or other appropriate relief upon finding by a preponderance of the evidence that the guardian or conservator is not acting in the best interests of the incapacitated person or of the estate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"9":{"id":273203,"text":"The powers of a guardian or conservator shall terminate upon the death, resignation, or removal of the guardian or conservator or upon the termination of the guardianship or conservatorship.\n\t\t\tA guardianship or conservatorship shall terminate upon the death of the incapacitated person or, if ordered by the court, following a hearing on the petition of any interested person.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":273204,"text":"The court may allow reasonable compensation from the estate of the incapacitated person to any guardian ad litem, attorney, or evaluator appointed pursuant to this section. Any compensation allowed shall be taxed as costs of the proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15745,"edition_id":1,"name":"Appointment","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13267,"metadata":{},"date_created":"2026-06-26 03:58:48","date_modified":"2026-06-26 03:58:48","permalink":{"id":275497,"object_type":"structure","relational_id":15745,"identifier":"1","token":"64.2\/IV\/D\/20\/1","url":"\/64.2\/IV\/D\/20\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13267,"edition_id":1,"name":"Guardianship and Conservatorship","identifier":"20","label":"chapter","depth":4,"order_by":1,"parent_id":13266,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275495,"object_type":"structure","relational_id":13267,"identifier":"20","token":"64.2\/IV\/D\/20","url":"\/64.2\/IV\/D\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13266,"edition_id":1,"name":"Guardianship of Incapacitated Persons","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12905,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":275493,"object_type":"structure","relational_id":13266,"identifier":"D","token":"64.2\/IV\/D","url":"\/64.2\/IV\/D\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12905,"edition_id":1,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":274813,"object_type":"structure","relational_id":12905,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65465,"structure_id":15745,"section_number":"64.2-2000","catch_line":"Definitions","url":"\/64.2-2000\/","token":"64.2\/IV\/D\/20\/1\/64.2-2000","metadata":false},{"id":79945,"structure_id":15745,"section_number":"64.2-2000.1","catch_line":"Identifying information; separate confidential addendum","url":"\/64.2-2000.1\/","token":"64.2\/IV\/D\/20\/1\/64.2-2000.1","metadata":false},{"id":60482,"structure_id":15745,"section_number":"64.2-2001","catch_line":"Filing of petition; jurisdiction; instructions to be provided","url":"\/64.2-2001\/","token":"64.2\/IV\/D\/20\/1\/64.2-2001","metadata":false},{"id":82786,"structure_id":15745,"section_number":"64.2-2002","catch_line":"Who may file petition; contents","url":"\/64.2-2002\/","token":"64.2\/IV\/D\/20\/1\/64.2-2002","metadata":false},{"id":85439,"structure_id":15745,"section_number":"64.2-2003","catch_line":"Appointment of guardian ad litem","url":"\/64.2-2003\/","token":"64.2\/IV\/D\/20\/1\/64.2-2003","metadata":false},{"id":85666,"structure_id":15745,"section_number":"64.2-2004","catch_line":"Notice of hearing; jurisdictional","url":"\/64.2-2004\/","token":"64.2\/IV\/D\/20\/1\/64.2-2004","metadata":false},{"id":70547,"structure_id":15745,"section_number":"64.2-2005","catch_line":"Evaluation report; filed in separate confidential addendum","url":"\/64.2-2005\/","token":"64.2\/IV\/D\/20\/1\/64.2-2005","metadata":false},{"id":62045,"structure_id":15745,"section_number":"64.2-2006","catch_line":"Counsel for respondent","url":"\/64.2-2006\/","token":"64.2\/IV\/D\/20\/1\/64.2-2006","metadata":false},{"id":79330,"structure_id":15745,"section_number":"64.2-2007","catch_line":"Hearing on petition to appoint","url":"\/64.2-2007\/","token":"64.2\/IV\/D\/20\/1\/64.2-2007","metadata":false},{"id":74643,"structure_id":15745,"section_number":"64.2-2008","catch_line":"Fees and costs","url":"\/64.2-2008\/","token":"64.2\/IV\/D\/20\/1\/64.2-2008","metadata":false},{"id":65289,"structure_id":15745,"section_number":"64.2-2009","catch_line":"Court order of appointment; limited guardianships and conservatorships","url":"\/64.2-2009\/","token":"64.2\/IV\/D\/20\/1\/64.2-2009","metadata":false},{"id":61429,"structure_id":15745,"section_number":"64.2-2009.1","catch_line":"Periodic review hearings","url":"\/64.2-2009.1\/","token":"64.2\/IV\/D\/20\/1\/64.2-2009.1","metadata":false},{"id":75048,"structure_id":15745,"section_number":"64.2-2010","catch_line":"Eligibility for public guardian or conservator","url":"\/64.2-2010\/","token":"64.2\/IV\/D\/20\/1\/64.2-2010","metadata":false},{"id":67049,"structure_id":15745,"section_number":"64.2-2011","catch_line":"Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate","url":"\/64.2-2011\/","token":"64.2\/IV\/D\/20\/1\/64.2-2011","metadata":false},{"id":76117,"structure_id":15745,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","url":"\/64.2-2012\/","token":"64.2\/IV\/D\/20\/1\/64.2-2012","metadata":false},{"id":71543,"structure_id":15745,"section_number":"64.2-2013","catch_line":"Standby guardianship or conservatorship for incapacitated persons","url":"\/64.2-2013\/","token":"64.2\/IV\/D\/20\/1\/64.2-2013","metadata":false},{"id":61902,"structure_id":15745,"section_number":"64.2-2014","catch_line":"Clerk to index findings of incapacity or restoration; notice of findings","url":"\/64.2-2014\/","token":"64.2\/IV\/D\/20\/1\/64.2-2014","metadata":false},{"id":64482,"structure_id":15745,"section_number":"64.2-2015","catch_line":"When no guardian or conservator appointed within one month of adjudication","url":"\/64.2-2015\/","token":"64.2\/IV\/D\/20\/1\/64.2-2015","metadata":false},{"id":70686,"structure_id":15745,"section_number":"64.2-2016","catch_line":"Trustees for incapacitated veterans and their beneficiaries","url":"\/64.2-2016\/","token":"64.2\/IV\/D\/20\/1\/64.2-2016","metadata":false},{"id":74363,"structure_id":15745,"section_number":"64.2-2017","catch_line":"Payments from U.S. Department of Veterans Affairs","url":"\/64.2-2017\/","token":"64.2\/IV\/D\/20\/1\/64.2-2017","metadata":false},{"id":86614,"structure_id":15745,"section_number":"64.2-2018","catch_line":"Taking of bond by clerk of court","url":"\/64.2-2018\/","token":"64.2\/IV\/D\/20\/1\/64.2-2018","metadata":false}],"previous_section":{"id":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2012\/","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 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>; in 2024, chapter 820<\/a>.<\/p>","references":[{"id":85822,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","order_by":null,"url":"\/18.2-308.09\/"},{"id":86450,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","order_by":null,"url":"\/18.2-308.1_2\/"},{"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":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":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"},{"id":72769,"section_number":"64.2-2019.1","catch_line":"Procedures to restrict communication, visitation, or interaction","order_by":null,"url":"\/64.2-2019.1\/"},{"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":75098,"section_number":"64.2-1410","catch_line":"When court may require new bond or revoke authority; giving new bond upon motion of fiduciary, surety, or other party in interest","order_by":null,"url":"\/64.2-1410\/"},{"id":85666,"section_number":"64.2-2004","catch_line":"Notice of hearing; jurisdictional","order_by":null,"url":"\/64.2-2004\/"},{"id":62045,"section_number":"64.2-2006","catch_line":"Counsel for respondent","order_by":null,"url":"\/64.2-2006\/"}],"permalink":{"id":275555,"object_type":"law","relational_id":76117,"identifier":"64.2-2012","token":"64.2\/IV\/D\/20\/1\/64.2-2012","url":"\/64.2-2012\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2012\/","token":"64.2\/IV\/D\/20\/1\/64.2-2012","dublin_core":{"Title":"Petition for restoration, modification, or termination; effects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2012","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon petition<\/span> by the incapacitated person<\/span>, the guardian<\/span> or conservator<\/span>, or any other person or upon motion<\/span> of the court<\/span>, the court<\/span> may (i) declare the incapacitated person<\/span> restored to capacity; (ii) modify the type of appointment or the areas of protection, management, or assistance previously granted or require a new bond<\/span>; (iii) terminate the guardianship or conservatorship; (iv) order<\/span> removal of the guardian<\/span> or conservator<\/span> as provided in § 64.2-1410<\/a>; or (v) order<\/span> other appropriate relief. The fee for filing the petition<\/span> shall be as provided in subdivision A 42 of § 17.1-275<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Instead of the filing of a petition<\/span> or upon motion<\/span> provided by subsection A, if the person subject to the guardianship or conservatorship is not represented by counsel<\/span>, such person may initiate the process to be restored to capacity or have guardianship or conservatorship modified or terminated by informal written communication to the court.\n\t\t\tUpon receipt of such informal written communication, the court shall review the communication to determine whether there is good cause to take action and may (i) set the matter for hearing<\/span> pursuant to the provisions of this section or (ii) take no action if there is not good cause for such a hearing<\/span>. The court shall communicate its decision to the incapacitated person<\/span> and any guardian, conservator<\/span>, and guardian ad litem<\/span> then serving. Any court response, whether to set the matter for hearing<\/span> or take no action, shall be issued in the form of a court order<\/span>.\n\t\t\tNo filing fee shall be assessed for the receipt of such informal communication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the case of a petition<\/span> for modification to expand the scope of a guardianship or conservatorship, the incapacitated person<\/span> shall be entitled to a jury<\/span>, upon request. Notice of the hearing<\/span> and a copy of the petition<\/span> shall be personally served on the incapacitated person<\/span> and mailed to other persons entitled to notice pursuant to § 64.2-2004<\/a>. The court shall appoint a guardian ad litem<\/span> for the incapacitated person<\/span> and may appoint one or more licensed physicians or psychologists or licensed professionals skilled in the assessment and treatment of the physical or mental conditions of the incapacitated person<\/span>, as alleged in the petition<\/span>, to conduct an evaluation. Upon the filing of any other such petition<\/span> or upon the motion<\/span> of the court, and after reasonable notice to the incapacitated person<\/span>, any guardian or conservator<\/span>, any attorney of record, any person entitled to notice of the filing of an original petition<\/span> as provided in § 64.2-2004<\/a>, and any other person or entity as the court may require, the court shall hold a hearing<\/span>. Upon the filing of any petition<\/span> or submission of informal written communications pursuant to subsection A1, 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>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An order appointing a guardian or conservator<\/span> may be revoked, modified, or terminated upon a finding<\/span> that it is in the best interests of the incapacitated person<\/span> and that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The incapacitated person<\/span> is no longer in need of the assistance or protection of a guardian or conservator<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need of the incapacitated person<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The incapacitated person<\/span>’s understanding or capacity to manage his estate<\/span> and financial affairs or to provide for his health, care, or safety has so changed as to warrant such action; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Circumstances are such that the guardianship or conservatorship is no longer necessary or is insufficient. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court shall declare the person restored to capacity and discharge the guardian or conservator<\/span> if, on the basis of evidence offered at the hearing<\/span>, the court finds by a preponderance of the evidence<\/span> that the incapacitated person<\/span> has substantially regained his ability to (i) care for his person in the case of a guardianship or (ii) manage and handle his estate<\/span> in the case of a conservatorship.\n\t\t\tIn the case of a petition<\/span> for modification of a guardianship or conservatorship, the court shall order (a) limiting or reducing the powers of the guardian or conservator<\/span> if the court finds by a preponderance of the evidence<\/span> that it is in the best interests of the incapacitated person<\/span> to do so, or (b) increasing or expanding the powers of the guardian or conservator<\/span> if the court finds by clear and convincing evidence that it is in the best interests of the incapacitated person<\/span> to do so.\n\t\t\tThe court may order a new bond<\/span> or other appropriate relief upon finding<\/span> by a preponderance of the evidence<\/span> that the guardian or conservator<\/span> is not acting in the best interests of the incapacitated person<\/span> or of the estate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The powers of a guardian or conservator<\/span> shall terminate upon the death, resignation, or removal of the guardian or conservator<\/span> or upon the termination of the guardianship or conservatorship.\n\t\t\tA guardianship or conservatorship shall terminate upon the death of the incapacitated person<\/span> or, if ordered by the court, following a hearing<\/span> on the petition<\/span> of any interested person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court may allow reasonable compensation from the estate<\/span> of the incapacitated person<\/span> to any guardian ad litem<\/span>, attorney, or evaluator appointed pursuant to this section. Any compensation allowed shall be taxed as costs of the proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR RESTORATION, MODIFICATION, OR TERMINATION; EFFECTS (\u00a7 64.2-2012)\n\nA. Upon petition by the incapacitated person, the guardian or conservator, or\nany other person or upon motion of the court, the court may (i) declare the\nincapacitated person restored to capacity; (ii) modify the type of appointment\nor the areas of protection, management, or assistance previously granted or\nrequire a new bond; (iii) terminate the guardianship or conservatorship; (iv)\norder removal of the guardian or conservator as provided in § 64.2-1410; or\n(v) order other appropriate relief. The fee for filing the petition shall be as\nprovided in subdivision A 42 of § 17.1-275.\n\nA1. Instead of the filing of a petition or upon motion provided by subsection A,\nif the person subject to the guardianship or conservatorship is not represented\nby counsel, such person may initiate the process to be restored to capacity or\nhave guardianship or conservatorship modified or terminated by informal written\ncommunication to the court.\n\t\t\tUpon receipt of such informal written communication, the court shall review\nthe communication to determine whether there is good cause to take action and\nmay (i) set the matter for hearing pursuant to the provisions of this section or\n(ii) take no action if there is not good cause for such a hearing. The court\nshall communicate its decision to the incapacitated person and any guardian,\nconservator, and guardian ad litem then serving. Any court response, whether to\nset the matter for hearing or take no action, shall be issued in the form of a\ncourt order.\n\t\t\tNo filing fee shall be assessed for the receipt of such informal\ncommunication.\n\nB. In the case of a petition for modification to expand the scope of a\nguardianship or conservatorship, the incapacitated person shall be entitled to a\njury, upon request. Notice of the hearing and a copy of the petition shall be\npersonally served on the incapacitated person and mailed to other persons\nentitled to notice pursuant to § 64.2-2004. The court shall appoint a\nguardian ad litem for the incapacitated person and may appoint one or more\nlicensed physicians or psychologists or licensed professionals skilled in the\nassessment and treatment of the physical or mental conditions of the\nincapacitated person, as alleged in the petition, to conduct an evaluation. Upon\nthe filing of any other such petition or upon the motion of the court, and after\nreasonable notice to the incapacitated person, any guardian or conservator, any\nattorney of record, any person entitled to notice of the filing of an original\npetition as provided in § 64.2-2004, and any other person or entity as the\ncourt may require, the court shall hold a hearing. Upon the filing of any\npetition or submission of informal written communications pursuant to subsection\nA1, the incapacitated person has a right to be represented by counsel, and the\nprovisions of § 64.2-2006 shall apply, mutatis mutandis.\n\nC. An order appointing a guardian or conservator may be revoked, modified, or\nterminated upon a finding that it is in the best interests of the incapacitated\nperson and that:\n\n 1. The incapacitated person is no longer in need of the assistance or\n protection of a guardian or conservator;\n\n 2. The extent of protection, management, or assistance previously granted is\n either excessive or insufficient considering the current need of the\n incapacitated person;\n\n 3. The incapacitated person’s understanding or capacity to manage his\n estate and financial affairs or to provide for his health, care, or safety has\n so changed as to warrant such action; or\n\n 4. Circumstances are such that the guardianship or conservatorship is no\n longer necessary or is insufficient.\n\nD. The court shall declare the person restored to capacity and discharge the\nguardian or conservator if, on the basis of evidence offered at the hearing, the\ncourt finds by a preponderance of the evidence that the incapacitated person has\nsubstantially regained his ability to (i) care for his person in the case of a\nguardianship or (ii) manage and handle his estate in the case of a\nconservatorship.\n\t\t\tIn the case of a petition for modification of a guardianship or\nconservatorship, the court shall order (a) limiting or reducing the powers of\nthe guardian or conservator if the court finds by a preponderance of the\nevidence that it is in the best interests of the incapacitated person to do so,\nor (b) increasing or expanding the powers of the guardian or conservator if the\ncourt finds by clear and convincing evidence that it is in the best interests of\nthe incapacitated person to do so.\n\t\t\tThe court may order a new bond or other appropriate relief upon finding by a\npreponderance of the evidence that the guardian or conservator is not acting in\nthe best interests of the incapacitated person or of the estate.\n\nE. The powers of a guardian or conservator shall terminate upon the death,\nresignation, or removal of the guardian or conservator or upon the termination\nof the guardianship or conservatorship.\n\t\t\tA guardianship or conservatorship shall terminate upon the death of the\nincapacitated person or, if ordered by the court, following a hearing on the\npetition of any interested person.\n\nF. The court may allow reasonable compensation from the estate of the\nincapacitated person to any guardian ad litem, attorney, or evaluator appointed\npursuant to this section. Any compensation allowed shall be taxed as costs of\nthe proceeding.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.16; 2005, c. 716, \u00a7 37.2-1012; 2012, c. 614;\n2021, Sp. Sess. I, c. 427; 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}}