{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2019.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2019.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2019.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2019.1.html"}],"law_id":72769,"edition_id":1,"section_id":72769,"structure_id":13268,"section_number":"64.2-2019.1","catch_line":"Procedures to restrict communication, visitation, or interaction","history":"2023, c. 460.","full_text":"A\n\nA guardian may restrict the ability of a person with whom the incapacitated person has an established relationship to communicate with, visit, or interact with such incapacitated person only when such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person and after consideration of the expressed wishes of such incapacitated person. Any such restriction may include (i) limitations on time, duration, location, or method of visits or communication, (ii) supervised visitation, or (iii) prohibition of in-person visitation, and shall be the least restrictive means possible to prevent any such harm or exploitation.B\n\nThe guardian shall provide written notice to the restricted person, on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia, stating (i) the nature and terms of the restriction, (ii) the reasons why the guardian believes the restriction is necessary, and (iii) how the restricted person or incapacitated person may challenge such restriction in court pursuant to § 64.2-2012. The guardian shall also inform the incapacitated person of such restriction and provide a copy of such written notice to the incapacitated person, unless the guardian has a good faith belief that such information would be detrimental to the health or safety of such incapacitated person. The guardian shall provide a copy of such written notice to the local department of social services of the jurisdiction where the incapacitated person resides and shall file a copy of such written notice with the circuit court that appointed the guardian. If the incapacitated person is in a hospital, convalescent home, or certified nursing facility licensed by the Department of Health pursuant to § 32.1-123, an assisted living facility as defined in § 63.2-100, or any other similar institution, the guardian shall also inform such hospital, home, facility, or institution of such restriction.C\n\nIf the court finds that a restriction is reasonable to prevent harm to or financial exploitation of such incapacitated person, the court may continue or modify such restriction in its discretion.D\n\nIf the court does not find that a restriction is reasonable to prevent harm to or financial exploitation of such incapacitated person, the court may issue an order terminating, continuing, or modifying any restriction the guardian imposed on the person challenging such restriction.E\n\nIf the court finds that a guardian imposed a restriction in bad faith, primarily for the purposes of harassment, or that was clearly frivolous or vexatious, the court may require the guardian to pay or reimburse, from the guardian’s personal funds, all or some of the costs and fees, including attorney fees, incurred by the restricted person in connection with such motion.F\n\nIf the court finds that the claim of a restricted person who filed a motion pursuant to this section was made in bad faith, was brought primarily for the purposes of harassment, or was clearly frivolous or vexatious, the court may require such restricted person to pay or reimburse the guardian all or some of the costs and fees, including attorney fees, incurred by the guardian in connection with such claim.G\n\nAny court order issued pursuant to the provisions of this section shall be provided to the local department of social services of the jurisdiction where the incapacitated person resides.","order_by":null,"text":{"0":{"id":262097,"text":"A guardian may restrict the ability of a person with whom the incapacitated person has an established relationship to communicate with, visit, or interact with such incapacitated person only when such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person and after consideration of the expressed wishes of such incapacitated person. Any such restriction may include (i) limitations on time, duration, location, or method of visits or communication, (ii) supervised visitation, or (iii) prohibition of in-person visitation, and shall be the least restrictive means possible to prevent any such harm or exploitation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262098,"text":"The guardian shall provide written notice to the restricted person, on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia, stating (i) the nature and terms of the restriction, (ii) the reasons why the guardian believes the restriction is necessary, and (iii) how the restricted person or incapacitated person may challenge such restriction in court pursuant to § 64.2-2012. The guardian shall also inform the incapacitated person of such restriction and provide a copy of such written notice to the incapacitated person, unless the guardian has a good faith belief that such information would be detrimental to the health or safety of such incapacitated person. The guardian shall provide a copy of such written notice to the local department of social services of the jurisdiction where the incapacitated person resides and shall file a copy of such written notice with the circuit court that appointed the guardian. If the incapacitated person is in a hospital, convalescent home, or certified nursing facility licensed by the Department of Health pursuant to § 32.1-123, an assisted living facility as defined in § 63.2-100, or any other similar institution, the guardian shall also inform such hospital, home, facility, or institution of such restriction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262099,"text":"If the court finds that a restriction is reasonable to prevent harm to or financial exploitation of such incapacitated person, the court may continue or modify such restriction in its discretion.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":262100,"text":"If the court does not find that a restriction is reasonable to prevent harm to or financial exploitation of such incapacitated person, the court may issue an order terminating, continuing, or modifying any restriction the guardian imposed on the person challenging such restriction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":262101,"text":"If the court finds that a guardian imposed a restriction in bad faith, primarily for the purposes of harassment, or that was clearly frivolous or vexatious, the court may require the guardian to pay or reimburse, from the guardian’s personal funds, all or some of the costs and fees, including attorney fees, incurred by the restricted person in connection with such motion.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":262102,"text":"If the court finds that the claim of a restricted person who filed a motion pursuant to this section was made in bad faith, was brought primarily for the purposes of harassment, or was clearly frivolous or vexatious, the court may require such restricted person to pay or reimburse the guardian all or some of the costs and fees, including attorney fees, incurred by the guardian in connection with such claim.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":262103,"text":"Any court order issued pursuant to the provisions of this section shall be provided to the local department of social services of the jurisdiction where the incapacitated person resides.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13268,"edition_id":1,"name":"Powers, Duties, and Liabilities","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13267,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 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conservator","url":"\/64.2-2021\/","token":"64.2\/IV\/D\/20\/2\/64.2-2021","metadata":false},{"id":78923,"structure_id":13268,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","url":"\/64.2-2022\/","token":"64.2\/IV\/D\/20\/2\/64.2-2022","metadata":false},{"id":70953,"structure_id":13268,"section_number":"64.2-2023","catch_line":"Estate planning","url":"\/64.2-2023\/","token":"64.2\/IV\/D\/20\/2\/64.2-2023","metadata":false},{"id":66626,"structure_id":13268,"section_number":"64.2-2024","catch_line":"Fiduciary to take possession of incapacitated person's estate; suits relative to estate; retaining estate for fiduciary's own debt","url":"\/64.2-2024\/","token":"64.2\/IV\/D\/20\/2\/64.2-2024","metadata":false},{"id":56021,"structure_id":13268,"section_number":"64.2-2025","catch_line":"Fiduciary to prosecute and defend actions involving incapacitated person","url":"\/64.2-2025\/","token":"64.2\/IV\/D\/20\/2\/64.2-2025","metadata":false},{"id":71551,"structure_id":13268,"section_number":"64.2-2026","catch_line":"Surrender of incapacitated person's estate","url":"\/64.2-2026\/","token":"64.2\/IV\/D\/20\/2\/64.2-2026","metadata":false},{"id":74870,"structure_id":13268,"section_number":"64.2-2027","catch_line":"Use of estate of incapacitated person in a state facility not limited by provisions relating to expenses","url":"\/64.2-2027\/","token":"64.2\/IV\/D\/20\/2\/64.2-2027","metadata":false},{"id":64942,"structure_id":13268,"section_number":"64.2-2028","catch_line":"Department of Behavioral Health and Developmental Services to be notified in certain cases","url":"\/64.2-2028\/","token":"64.2\/IV\/D\/20\/2\/64.2-2028","metadata":false},{"id":62174,"structure_id":13268,"section_number":"64.2-2029","catch_line":"Application to guardians and conservators appointed pursuant to \u00a7 64.2-2115","url":"\/64.2-2029\/","token":"64.2\/IV\/D\/20\/2\/64.2-2029","metadata":false}],"previous_section":{"id":54266,"structure_id":13268,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","url":"\/64.2-2019\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019","metadata":false},"next_section":{"id":58544,"structure_id":13268,"section_number":"64.2-2020","catch_line":"Annual reports by guardians","url":"\/64.2-2020\/","token":"64.2\/IV\/D\/20\/2\/64.2-2020","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2019.1\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 460<\/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.<\/p>","references":false,"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"}],"permalink":{"id":275589,"object_type":"law","relational_id":72769,"identifier":"64.2-2019.1","token":"64.2\/IV\/D\/20\/2\/64.2-2019.1","url":"\/64.2-2019.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2019.1\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019.1","dublin_core":{"Title":"Procedures to restrict communication, visitation, or interaction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2019.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A guardian<\/span> may restrict the ability of a person with whom the incapacitated person<\/span> has an established relationship to communicate with, visit, or interact with such incapacitated person<\/span> only when such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person<\/span> and after consideration of the expressed wishes of such incapacitated person<\/span>. Any such restriction may include (i) limitations on time, duration, location, or method of visits or communication, (ii) supervised visitation, or (iii) prohibition of in-person visitation, and shall be the least restrictive means possible to prevent any such harm or exploitation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The guardian<\/span> shall provide written notice to the restricted person, on a form developed by the Office of the Executive Secretary of the Supreme Court<\/span> of Virginia, stating (i) the nature and terms of the restriction, (ii) the reasons why the guardian<\/span> believes the restriction is necessary, and (iii) how the restricted person or incapacitated person<\/span> may challenge such restriction in court<\/span> pursuant to § 64.2-2012<\/a>. The guardian<\/span> shall also inform the incapacitated person<\/span> of such restriction and provide a copy of such written notice to the incapacitated person<\/span>, unless the guardian<\/span> has a good faith belief that such information would be detrimental to the health or safety of such incapacitated person<\/span>. The guardian<\/span> shall provide a copy of such written notice to the local department of social services of the jurisdiction<\/span> where the incapacitated person<\/span> resides and shall file a copy of such written notice with the circuit<\/span> court<\/span> that appointed the guardian<\/span>. If the incapacitated person<\/span> is in a hospital, convalescent home, or certified nursing facility<\/span> licensed by the Department of Health pursuant to § 32.1-123<\/a>, an assisted living facility<\/span> as defined in § 63.2-100<\/a>, or any other similar institution, the guardian<\/span> shall also inform such hospital, home, facility<\/span>, or institution of such restriction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> finds that a restriction is reasonable to prevent harm to or financial exploitation of such incapacitated person<\/span>, the court<\/span> may continue or modify such restriction in its discretion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the court<\/span> does not find that a restriction is reasonable to prevent harm to or financial exploitation of such incapacitated person<\/span>, the court<\/span> may issue<\/span> an order<\/span> terminating, continuing, or modifying any restriction the guardian<\/span> imposed on the person challenging such restriction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court<\/span> finds that a guardian<\/span> imposed a restriction in bad faith, primarily for the purposes of harassment, or that was clearly frivolous or vexatious, the court<\/span> may require the guardian<\/span> to pay or reimburse, from the guardian<\/span>’s personal funds, all or some of the costs and fees, including attorney fees, incurred by the restricted person in connection with such motion<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the court<\/span> finds that the claim of a restricted person who filed a motion<\/span> pursuant to this section was made in bad faith, was brought primarily for the purposes of harassment, or was clearly frivolous or vexatious, the court<\/span> may require such restricted person to pay or reimburse the guardian<\/span> all or some of the costs and fees, including attorney fees, incurred by the guardian<\/span> in connection with such claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any court order<\/span> issued pursuant to the provisions of this section shall be provided to the local department of social services of the jurisdiction<\/span> where the incapacitated person<\/span> resides. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURES TO RESTRICT COMMUNICATION, VISITATION, OR INTERACTION (\u00a7\n64.2-2019.1)\n\nA. A guardian may restrict the ability of a person with whom the incapacitated\nperson has an established relationship to communicate with, visit, or interact\nwith such incapacitated person only when such restriction is reasonable to\nprevent physical, mental, or emotional harm to or financial exploitation of such\nincapacitated person and after consideration of the expressed wishes of such\nincapacitated person. Any such restriction may include (i) limitations on time,\nduration, location, or method of visits or communication, (ii) supervised\nvisitation, or (iii) prohibition of in-person visitation, and shall be the least\nrestrictive means possible to prevent any such harm or exploitation.\n\nB. The guardian shall provide written notice to the restricted person, on a form\ndeveloped by the Office of the Executive Secretary of the Supreme Court of\nVirginia, stating (i) the nature and terms of the restriction, (ii) the reasons\nwhy the guardian believes the restriction is necessary, and (iii) how the\nrestricted person or incapacitated person may challenge such restriction in\ncourt pursuant to § 64.2-2012. The guardian shall also inform the\nincapacitated person of such restriction and provide a copy of such written\nnotice to the incapacitated person, unless the guardian has a good faith belief\nthat such information would be detrimental to the health or safety of such\nincapacitated person. The guardian shall provide a copy of such written notice\nto the local department of social services of the jurisdiction where the\nincapacitated person resides and shall file a copy of such written notice with\nthe circuit court that appointed the guardian. If the incapacitated person is in\na hospital, convalescent home, or certified nursing facility licensed by the\nDepartment of Health pursuant to § 32.1-123, an assisted living facility as\ndefined in § 63.2-100, or any other similar institution, the guardian shall\nalso inform such hospital, home, facility, or institution of such restriction.\n\nC. If the court finds that a restriction is reasonable to prevent harm to or\nfinancial exploitation of such incapacitated person, the court may continue or\nmodify such restriction in its discretion.\n\nD. If the court does not find that a restriction is reasonable to prevent harm\nto or financial exploitation of such incapacitated person, the court may issue\nan order terminating, continuing, or modifying any restriction the guardian\nimposed on the person challenging such restriction.\n\nE. If the court finds that a guardian imposed a restriction in bad faith,\nprimarily for the purposes of harassment, or that was clearly frivolous or\nvexatious, the court may require the guardian to pay or reimburse, from the\nguardian’s personal funds, all or some of the costs and fees, including\nattorney fees, incurred by the restricted person in connection with such motion.\n\nF. If the court finds that the claim of a restricted person who filed a motion\npursuant to this section was made in bad faith, was brought primarily for the\npurposes of harassment, or was clearly frivolous or vexatious, the court may\nrequire such restricted person to pay or reimburse the guardian all or some of\nthe costs and fees, including attorney fees, incurred by the guardian in\nconnection with such claim.\n\nG. Any court order issued pursuant to the provisions of this section shall be\nprovided to the local department of social services of the jurisdiction where\nthe incapacitated person resides.\n\nHISTORY: 2023, c. 460.","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}}