{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2013.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2013.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2013.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2013.html"}],"law_id":71543,"edition_id":1,"section_id":71543,"structure_id":15745,"section_number":"64.2-2013","catch_line":"Standby guardianship or conservatorship for incapacitated persons","history":"1997, c. 921, \u00a7 37.1-134.17; 2004, c. 135; 2005, c. 716, \u00a7 37.2-1013; 2012, c. 614.","full_text":"A\n\nFor purposes of this section, the term &#8220;person&#8221; includes a child or a parent sharing a biological relationship with one another or having a relationship established by adoption, a relationship established pursuant to Chapter 9 (&#xA7; 20-156 et seq.) of Title 20, or a relationship established by a judicial proceeding that establishes parentage or orders legal guardianship. The term includes persons 18 years of age and over.B\n\nOn petition of one or both parents, one or more children, or the legal guardian of an incapacitated person made to the circuit court for the jurisdiction where the parent, parents, child, children, or legal guardian resides, the court may appoint a standby guardian or a standby conservator, or both, of the incapacitated person. The appointment of the standby fiduciary shall be affirmed biennially by the parent, parents, child, children, or legal guardian of the person and by the standby fiduciary prior to his assuming his position as fiduciary by filing with the court an affidavit that states that the standby fiduciary remains available and capable to fulfill his duties.C\n\nThe standby fiduciary shall be authorized without further proceedings to assume the duties of his office immediately upon the death or adjudication of incapacity of the last surviving of the parents or children of the incapacitated person or of his legal guardian, subject to confirmation of his appointment by the circuit court within 60 days following assumption of his duties. If the incapacitated person is 18 years of age or older, the court, before confirming the appointment of the standby fiduciary, shall conduct a hearing pursuant to this article. The requirements of the court and the powers, duties, and liabilities that pertain to guardians and conservators govern the confirmation of the standby fiduciary and shall apply to the standby fiduciary upon the assumption of his duties.","order_by":null,"text":{"0":{"id":257894,"text":"For purposes of this section, the term &#8220;person&#8221; includes a child or a parent sharing a biological relationship with one another or having a relationship established by adoption, a relationship established pursuant to Chapter 9 (&#xA7; 20-156 et seq.) of Title 20, or a relationship established by a judicial proceeding that establishes parentage or orders legal guardianship. The term includes persons 18 years of age and over.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257895,"text":"On petition of one or both parents, one or more children, or the legal guardian of an incapacitated person made to the circuit court for the jurisdiction where the parent, parents, child, children, or legal guardian resides, the court may appoint a standby guardian or a standby conservator, or both, of the incapacitated person. The appointment of the standby fiduciary shall be affirmed biennially by the parent, parents, child, children, or legal guardian of the person and by the standby fiduciary prior to his assuming his position as fiduciary by filing with the court an affidavit that states that the standby fiduciary remains available and capable to fulfill his duties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257896,"text":"The standby fiduciary shall be authorized without further proceedings to assume the duties of his office immediately upon the death or adjudication of incapacity of the last surviving of the parents or children of the incapacitated person or of his legal guardian, subject to confirmation of his appointment by the circuit court within 60 days following assumption of his duties. If the incapacitated person is 18 years of age or older, the court, before confirming the appointment of the standby fiduciary, shall conduct a hearing pursuant to this article. The requirements of the court and the powers, duties, and liabilities that pertain to guardians and conservators govern the confirmation of the standby fiduciary and shall apply to the standby fiduciary upon the assumption of his duties.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2013\/","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 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 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0135\">135<\/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>.<\/p>","references":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"}],"refers_to":[{"id":82276,"section_number":"20-156","catch_line":"Definitions","order_by":null,"url":"\/20-156\/"}],"permalink":{"id":275559,"object_type":"law","relational_id":71543,"identifier":"64.2-2013","token":"64.2\/IV\/D\/20\/1\/64.2-2013","url":"\/64.2-2013\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2013\/","token":"64.2\/IV\/D\/20\/1\/64.2-2013","dublin_core":{"Title":"Standby guardianship or conservatorship for incapacitated persons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2013","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For purposes of this section, the term &#8220;<span class=\"dictionary\">person<\/span>&#8221; includes a child or a parent sharing a biological relationship with one another or having a relationship established by adoption, a relationship established pursuant to Chapter 9 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/20-156\/\">20-156<\/a> et seq.) of Title 20, or a relationship established by a judicial proceeding that establishes parentage or <span class=\"dictionary\">orders<\/span> legal guardianship. The term includes <span class=\"dictionary\">persons<\/span> 18 years of age and over. <a id=\"paragraph-257894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2013\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> On <span class=\"dictionary\">petition<\/span> of one or both parents, one or more children, or the legal <span class=\"dictionary\">guardian<\/span> of an <span class=\"dictionary\">incapacitated person<\/span> made to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for the <span class=\"dictionary\">jurisdiction<\/span> where the parent, parents, child, children, or legal <span class=\"dictionary\">guardian<\/span> resides, the <span class=\"dictionary\">court<\/span> may appoint a standby <span class=\"dictionary\">guardian<\/span> or a standby <span class=\"dictionary\">conservator<\/span>, or both, of the <span class=\"dictionary\">incapacitated person<\/span>. The appointment of the standby <span class=\"dictionary\">fiduciary<\/span> shall be <span class=\"dictionary\">affirmed<\/span> biennially by the parent, parents, child, children, or legal <span class=\"dictionary\">guardian<\/span> of the person and by the standby <span class=\"dictionary\">fiduciary<\/span> prior to his assuming his position as <span class=\"dictionary\">fiduciary<\/span> by filing with the <span class=\"dictionary\">court<\/span> an <span class=\"dictionary\">affidavit<\/span> that states that the standby <span class=\"dictionary\">fiduciary<\/span> remains available and capable to fulfill his duties. <a id=\"paragraph-257895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2013\/#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> The standby <span class=\"dictionary\">fiduciary<\/span> shall be authorized without further proceedings to assume the duties of his office immediately upon the death or adjudication of incapacity of the last surviving of the parents or children of the <span class=\"dictionary\">incapacitated person<\/span> or of his legal <span class=\"dictionary\">guardian<\/span>, subject to confirmation of his appointment by the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> within 60 days following assumption of his duties. If the <span class=\"dictionary\">incapacitated person<\/span> is 18 years of age or older, the <span class=\"dictionary\">court<\/span>, before confirming the appointment of the standby <span class=\"dictionary\">fiduciary<\/span>, shall conduct a <span class=\"dictionary\">hearing<\/span> pursuant to this article. The requirements of the <span class=\"dictionary\">court<\/span> and the powers, duties, and liabilities that pertain to <span class=\"dictionary\">guardians<\/span> and <span class=\"dictionary\">conservators<\/span> govern the confirmation of the standby <span class=\"dictionary\">fiduciary<\/span> and shall apply to the standby <span class=\"dictionary\">fiduciary<\/span> upon the assumption of his duties. <a id=\"paragraph-257896\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2013\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSTANDBY GUARDIANSHIP OR CONSERVATORSHIP FOR INCAPACITATED PERSONS (\u00a7 64.2-2013)\n\nA. For purposes of this section, the term &#8220;person&#8221; includes a child\nor a parent sharing a biological relationship with one another or having a\nrelationship established by adoption, a relationship established pursuant to\nChapter 9 (&#xA7; 20-156 et seq.) of Title 20, or a relationship established by\na judicial proceeding that establishes parentage or orders legal guardianship.\nThe term includes persons 18 years of age and over.\n\nB. On petition of one or both parents, one or more children, or the legal\nguardian of an incapacitated person made to the circuit court for the\njurisdiction where the parent, parents, child, children, or legal guardian\nresides, the court may appoint a standby guardian or a standby conservator, or\nboth, of the incapacitated person. The appointment of the standby fiduciary\nshall be affirmed biennially by the parent, parents, child, children, or legal\nguardian of the person and by the standby fiduciary prior to his assuming his\nposition as fiduciary by filing with the court an affidavit that states that the\nstandby fiduciary remains available and capable to fulfill his duties.\n\nC. The standby fiduciary shall be authorized without further proceedings to\nassume the duties of his office immediately upon the death or adjudication of\nincapacity of the last surviving of the parents or children of the incapacitated\nperson or of his legal guardian, subject to confirmation of his appointment by\nthe circuit court within 60 days following assumption of his duties. If the\nincapacitated person is 18 years of age or older, the court, before confirming\nthe appointment of the standby fiduciary, shall conduct a hearing pursuant to\nthis article. The requirements of the court and the powers, duties, and\nliabilities that pertain to guardians and conservators govern the confirmation\nof the standby fiduciary and shall apply to the standby fiduciary upon the\nassumption of his duties.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.17; 2004, c. 135; 2005, c. 716, \u00a7 37.2-1013;\n2012, c. 614.","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}}