{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2015.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2015.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2015.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2015.html"}],"law_id":64482,"edition_id":1,"section_id":64482,"structure_id":15745,"section_number":"64.2-2015","catch_line":"When no guardian or conservator appointed within one month of adjudication","history":"Code 1950, \u00a7 37-145; 1950, p. 923; 1968, c. 477, \u00a7 37.1-137; 1971, Ex. Sess., c. 155; 1976, c. 671; 1997, c. 921, \u00a7 37.1-134.19; 1998, c. 787; 2005, cc. 712, 716, \u00a7 37.2-1015; 2012, cc. 614, 803, 835.","full_text":"A\n\nIf a person is adjudicated incapacitated and in need of a guardian or conservator and the court has not identified any person to serve as guardian or conservator within one month from the adjudication, the court may appoint a local or regional program of the Virginia Public Guardian and Conservator Program authorized by the Department for Aging and Rehabilitative Services pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5. If there is no such local or regional program within the court’s jurisdiction, the court may appoint any local or regional program within 60 miles of the residence of the incapacitated person as identified by the Department for Aging and Rehabilitative Services. However, the court shall not appoint any such local or regional program that has reached or exceeded its ideal ratio of clients to staff pursuant to regulations adopted by the Department for Aging and Rehabilitative Services under § 51.5-150.B\n\nIf any person appointed as a fiduciary under this title refuses the trust or fails to give bond as required within one month from the date of his appointment, the court, on motion of any interested person, may appoint some other person as fiduciary, taking from the fiduciary the bond required, or shall commit the estate of the respondent to the sheriff of the county or city where the respondent is an inhabitant; and the sheriff shall be the fiduciary, and he and the sureties in his official bond shall be bound for the faithful performance of the trust.","order_by":null,"text":{"0":{"id":234639,"text":"If a person is adjudicated incapacitated and in need of a guardian or conservator and the court has not identified any person to serve as guardian or conservator within one month from the adjudication, the court may appoint a local or regional program of the Virginia Public Guardian and Conservator Program authorized by the Department for Aging and Rehabilitative Services pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5. If there is no such local or regional program within the court’s jurisdiction, the court may appoint any local or regional program within 60 miles of the residence of the incapacitated person as identified by the Department for Aging and Rehabilitative Services. However, the court shall not appoint any such local or regional program that has reached or exceeded its ideal ratio of clients to staff pursuant to regulations adopted by the Department for Aging and Rehabilitative Services under § 51.5-150.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234640,"text":"If any person appointed as a fiduciary under this title refuses the trust or fails to give bond as required within one month from the date of his appointment, the court, on motion of any interested person, may appoint some other person as fiduciary, taking from the fiduciary the bond required, or shall commit the estate of the respondent to the sheriff of the county or city where the respondent is an inhabitant; and the sheriff shall be the fiduciary, and he and the sureties in his official bond shall be bound for the faithful performance of the trust.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2015\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 1968, chapter 477; in 1976, chapter 671; in 1997, chapter 921<\/a>; in 1998, chapter 787<\/a>; in 2005, chapters 712<\/a> and 716<\/a>; in 2012, chapters 614<\/a>, 803<\/a>, and 835<\/a>.<\/p>","references":[{"id":76625,"section_number":"51.5-149","catch_line":"Policy statement; Virginia Public Guardian and Conservator Program established; definitions","order_by":null,"url":"\/51.5-149\/"},{"id":78661,"section_number":"51.5-149.2","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/51.5-149.2\/"},{"id":55837,"section_number":"51.5-150","catch_line":"Powers and duties of the Department with respect to public guardian and conservator program","order_by":null,"url":"\/51.5-150\/"},{"id":75048,"section_number":"64.2-2010","catch_line":"Eligibility for public guardian or conservator","order_by":null,"url":"\/64.2-2010\/"}],"refers_to":[{"id":76625,"section_number":"51.5-149","catch_line":"Policy statement; Virginia Public Guardian and Conservator Program established; definitions","order_by":null,"url":"\/51.5-149\/"}],"permalink":{"id":275567,"object_type":"law","relational_id":64482,"identifier":"64.2-2015","token":"64.2\/IV\/D\/20\/1\/64.2-2015","url":"\/64.2-2015\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2015\/","token":"64.2\/IV\/D\/20\/1\/64.2-2015","dublin_core":{"Title":"When no guardian or conservator appointed within one month of adjudication","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2015","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a person is adjudicated incapacitated and in need of a guardian<\/span> or conservator<\/span> and the court<\/span> has not identified any person to serve as guardian<\/span> or conservator<\/span> within one month from the adjudication, the court<\/span> may appoint a local or regional program of the Virginia Public Guardian<\/span> and Conservator<\/span> Program authorized by the Department for Aging and Rehabilitative Services pursuant to Article 6 (§ 51.5-149<\/a> et seq.) of Chapter 14 of Title 51.5. If there is no such local or regional program within the court<\/span>’s jurisdiction<\/span>, the court<\/span> may appoint any local or regional program within 60 miles of the residence of the incapacitated person<\/span> as identified by the Department for Aging and Rehabilitative Services. However, the court<\/span> shall not appoint any such local or regional program that has reached or exceeded its ideal ratio of clients to staff pursuant to regulations adopted by the Department for Aging and Rehabilitative Services under § 51.5-150<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any person appointed as a fiduciary<\/span> under this title refuses the trust or fails to give bond<\/span> as required within one month from the date of his appointment, the court<\/span>, on motion<\/span> of any interested person, may appoint some other person as fiduciary<\/span>, taking from the fiduciary<\/span> the bond<\/span> required, or shall commit the estate<\/span> of the respondent<\/span> to the sheriff of the county or city where the respondent<\/span> is an inhabitant; and the sheriff shall be the fiduciary<\/span>, and he and the sureties in his official bond<\/span> shall be bound for the faithful performance of the trust. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN NO GUARDIAN OR CONSERVATOR APPOINTED WITHIN ONE MONTH OF ADJUDICATION (\u00a7\n64.2-2015)\n\nA. If a person is adjudicated incapacitated and in need of a guardian or\nconservator and the court has not identified any person to serve as guardian or\nconservator within one month from the adjudication, the court may appoint a\nlocal or regional program of the Virginia Public Guardian and Conservator\nProgram authorized by the Department for Aging and Rehabilitative Services\npursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5. If\nthere is no such local or regional program within the court’s\njurisdiction, the court may appoint any local or regional program within 60\nmiles of the residence of the incapacitated person as identified by the\nDepartment for Aging and Rehabilitative Services. However, the court shall not\nappoint any such local or regional program that has reached or exceeded its\nideal ratio of clients to staff pursuant to regulations adopted by the\nDepartment for Aging and Rehabilitative Services under § 51.5-150.\n\nB. If any person appointed as a fiduciary under this title refuses the trust or\nfails to give bond as required within one month from the date of his\nappointment, the court, on motion of any interested person, may appoint some\nother person as fiduciary, taking from the fiduciary the bond required, or shall\ncommit the estate of the respondent to the sheriff of the county or city where\nthe respondent is an inhabitant; and the sheriff shall be the fiduciary, and he\nand the sureties in his official bond shall be bound for the faithful\nperformance of the trust.\n\nHISTORY: Code 1950, \u00a7 37-145; 1950, p. 923; 1968, c. 477, \u00a7 37.1-137; 1971,\nEx. Sess., c. 155; 1976, c. 671; 1997, c. 921, \u00a7 37.1-134.19; 1998, c. 787;\n2005, cc. 712, 716, \u00a7 37.2-1015; 2012, cc. 614, 803, 835.","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}}