{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2019.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2019.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2019.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2019.html"}],"law_id":54266,"edition_id":1,"section_id":54266,"structure_id":13268,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","history":"1997, c. 921, \u00a7 37.1-137.1; 2005, c. 716, \u00a7 37.2-1020; 2010, cc. 455, 632; 2012, cc. 463, 614; 2016, cc. 404, 405; 2023, cc. 460, 540; 2024, c. 587.","full_text":"A\n\nA guardian stands in a fiduciary relationship to the incapacitated person for whom he was appointed guardian and may be held personally liable for a breach of any fiduciary duty to the incapacitated person. A guardian shall not be liable for the acts of the incapacitated person unless the guardian is personally negligent. A guardian shall not be required to expend personal funds on behalf of the incapacitated person.B\n\nA guardian’s duties and authority shall not extend to decisions addressed in a valid advance directive or durable power of attorney previously executed by the incapacitated person. A guardian may seek court authorization to revoke, suspend, or otherwise modify a durable power of attorney, as provided by the Uniform Power of Attorney Act (§ 64.2-1600 et seq.). Notwithstanding the provisions of the Health Care Decisions Act (§ 54.1-2981 et seq.) and in accordance with the procedures of § 64.2-2012, a guardian may seek court authorization to modify the designation of an agent under an advance directive, but the modification shall not in any way affect the incapacitated person’s directives concerning the provision or refusal of specific medical treatments or procedures.C\n\nA guardian shall maintain sufficient contact with the incapacitated person to know of his capabilities, limitations, needs, and opportunities and as needed to comply with the duties imposed upon him pursuant to the order of appointment and this section and any other provision of law. The guardian shall visit the incapacitated person as often as necessary and at least three times per year, with at least one visit occurring every 120 days. Except as otherwise provided in subsection C1, of the three required visits, at least two visits shall be conducted by the guardian. The guardian shall conduct at least one of such visits in person; the second such visit may be conducted by the guardian via virtual conference or video call between the guardian and incapacitated person, provided that the technological means by which such conference or call can take place are readily available.\n\t\t\tThe remaining visit may be conducted (i) by the guardian; (ii) by a person other than the guardian, including (a) a family member or friend monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member or friend monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. If a person other than the guardian conducts any such visit, he shall provide a written report to the guardian regarding any visit conducted by such person.\n\t\t\tA telephone call shall meet the requirements of this subsection only if such technological means are not readily available.C1\n\nIf for reasons outside the guardian’s control the guardian cannot make an in-person visit to an incapacitated person, then such visit may be conducted in person by an individual designated by the guardian pursuant to subsection C. If either the guardian or such individual designated by the guardian is unable to conduct an in-person visit, then such visit may be conducted virtually through electronic means such as a virtual conference or video call, or, if such technological means are not readily available, by telephone.C2\n\nIn the event of a state of emergency or public health crisis in which a facility in which the incapacitated person resides is not allowing in-person visitation, visitation requirements required pursuant to subsection C may be met via a virtual conference or video call between the guardian and incapacitated person, to the extent feasible for the facility to provide the technological means by which such conference or call can take place. A telephone call shall meet the requirements of this subsection only if such technological means are not readily available.D\n\nA guardian shall be required to seek prior court authorization to change the incapacitated person’s residence to another state, to terminate or consent to a termination of the person’s parental rights, or to initiate a change in the person’s marital status.E\n\nA guardian shall, to the extent feasible, encourage the incapacitated person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the incapacitated person to the extent known and shall otherwise act in the incapacitated person’s best interest and exercise reasonable care, diligence, and prudence. A guardian shall not restrict an incapacitated person’s ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless 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 the incapacitated person. Such restrictions shall only be imposed pursuant to § 64.2-2019.1.E1\n\nA guardian and any skilled professional retained by such guardian to perform guardianship duties on behalf of the guardian pursuant to clause (ii) (b) of subsection C shall complete the training developed by the Department for Aging and Rehabilitative Services pursuant to § 51.5-150.1 within 120 days after the date of the qualification of such guardian, unless such training was completed within the past 36 months in conjunction with another guardianship appointment made pursuant to § 64.2-2009. No guardian or skilled professional retained by such guardian shall be required to complete such training more frequently than once every 36 months.F\n\nA guardian shall have authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian is not aware of any person that has been otherwise designated to make such arrangements as set forth in § 54.1-2825. A guardian shall have authority to make arrangements for the funeral and disposition of remains after the death of an incapacitated person if, after the guardian has made a good faith effort to locate the next of kin of the incapacitated person to determine if the next of kin wishes to make such arrangements, the next of kin does not wish to make the arrangements or the next of kin cannot be located. Good faith effort shall include contacting the next of kin identified in the petition for appointment of a guardian. The funeral service licensee, funeral service establishment, registered crematory, cemetery, cemetery operator, or guardian shall be immune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for burial, cremation, or other disposition when the provisions of this section are met, unless such acts, decisions, or omissions resulted from bad faith or malicious intent.","order_by":null,"text":{"0":{"id":199221,"text":"A guardian stands in a fiduciary relationship to the incapacitated person for whom he was appointed guardian and may be held personally liable for a breach of any fiduciary duty to the incapacitated person. A guardian shall not be liable for the acts of the incapacitated person unless the guardian is personally negligent. A guardian shall not be required to expend personal funds on behalf of the incapacitated person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199222,"text":"A guardian’s duties and authority shall not extend to decisions addressed in a valid advance directive or durable power of attorney previously executed by the incapacitated person. A guardian may seek court authorization to revoke, suspend, or otherwise modify a durable power of attorney, as provided by the Uniform Power of Attorney Act (§ 64.2-1600 et seq.). Notwithstanding the provisions of the Health Care Decisions Act (§ 54.1-2981 et seq.) and in accordance with the procedures of § 64.2-2012, a guardian may seek court authorization to modify the designation of an agent under an advance directive, but the modification shall not in any way affect the incapacitated person’s directives concerning the provision or refusal of specific medical treatments or procedures.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199223,"text":"A guardian shall maintain sufficient contact with the incapacitated person to know of his capabilities, limitations, needs, and opportunities and as needed to comply with the duties imposed upon him pursuant to the order of appointment and this section and any other provision of law. The guardian shall visit the incapacitated person as often as necessary and at least three times per year, with at least one visit occurring every 120 days. Except as otherwise provided in subsection C1, of the three required visits, at least two visits shall be conducted by the guardian. The guardian shall conduct at least one of such visits in person; the second such visit may be conducted by the guardian via virtual conference or video call between the guardian and incapacitated person, provided that the technological means by which such conference or call can take place are readily available.\n\t\t\tThe remaining visit may be conducted (i) by the guardian; (ii) by a person other than the guardian, including (a) a family member or friend monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member or friend monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. If a person other than the guardian conducts any such visit, he shall provide a written report to the guardian regarding any visit conducted by such person.\n\t\t\tA telephone call shall meet the requirements of this subsection only if such technological means are not readily available.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":199224,"text":"If for reasons outside the guardian’s control the guardian cannot make an in-person visit to an incapacitated person, then such visit may be conducted in person by an individual designated by the guardian pursuant to subsection C. If either the guardian or such individual designated by the guardian is unable to conduct an in-person visit, then such visit may be conducted virtually through electronic means such as a virtual conference or video call, or, if such technological means are not readily available, by telephone.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":199225,"text":"In the event of a state of emergency or public health crisis in which a facility in which the incapacitated person resides is not allowing in-person visitation, visitation requirements required pursuant to subsection C may be met via a virtual conference or video call between the guardian and incapacitated person, to the extent feasible for the facility to provide the technological means by which such conference or call can take place. A telephone call shall meet the requirements of this subsection only if such technological means are not readily available.","type":"section","prefixes":["C2"],"prefix":"C2","entire_prefix":"C2","prefix_anchor":"C2","level":1,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":199226,"text":"A guardian shall be required to seek prior court authorization to change the incapacitated person’s residence to another state, to terminate or consent to a termination of the person’s parental rights, or to initiate a change in the person’s marital status.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":199227,"text":"A guardian shall, to the extent feasible, encourage the incapacitated person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the incapacitated person to the extent known and shall otherwise act in the incapacitated person’s best interest and exercise reasonable care, diligence, and prudence. A guardian shall not restrict an incapacitated person’s ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless 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 the incapacitated person. Such restrictions shall only be imposed pursuant to § 64.2-2019.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":199228,"text":"A guardian and any skilled professional retained by such guardian to perform guardianship duties on behalf of the guardian pursuant to clause (ii) (b) of subsection C shall complete the training developed by the Department for Aging and Rehabilitative Services pursuant to § 51.5-150.1 within 120 days after the date of the qualification of such guardian, unless such training was completed within the past 36 months in conjunction with another guardianship appointment made pursuant to § 64.2-2009. No guardian or skilled professional retained by such guardian shall be required to complete such training more frequently than once every 36 months.","type":"section","prefixes":["E1"],"prefix":"E1","entire_prefix":"E1","prefix_anchor":"E1","level":1,"prior_prefix":"E","next_prefix":"F"},"8":{"id":199229,"text":"A guardian shall have authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian is not aware of any person that has been otherwise designated to make such arrangements as set forth in § 54.1-2825. A guardian shall have authority to make arrangements for the funeral and disposition of remains after the death of an incapacitated person if, after the guardian has made a good faith effort to locate the next of kin of the incapacitated person to determine if the next of kin wishes to make such arrangements, the next of kin does not wish to make the arrangements or the next of kin cannot be located. Good faith effort shall include contacting the next of kin identified in the petition for appointment of a guardian. The funeral service licensee, funeral service establishment, registered crematory, cemetery, cemetery operator, or guardian shall be immune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for burial, cremation, or other disposition when the provisions of this section are met, unless such acts, decisions, or omissions resulted from bad faith or malicious intent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E1"}},"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 03:44:33","permalink":{"id":275583,"object_type":"structure","relational_id":13268,"identifier":"2","token":"64.2\/IV\/D\/20\/2","url":"\/64.2\/IV\/D\/20\/2\/","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":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},{"id":72769,"structure_id":13268,"section_number":"64.2-2019.1","catch_line":"Procedures to restrict communication, visitation, or interaction","url":"\/64.2-2019.1\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019.1","metadata":false},{"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},{"id":73684,"structure_id":13268,"section_number":"64.2-2021","catch_line":"General duties and liabilities of 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}],"next_section":{"id":72769,"structure_id":13268,"section_number":"64.2-2019.1","catch_line":"Procedures to restrict communication, visitation, or interaction","url":"\/64.2-2019.1\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2019\/","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 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 2005, chapter 716<\/a>; in 2010, chapters 455<\/a> and 632<\/a>; in 2012, chapters 463<\/a> and 614<\/a>; in 2016, chapters 404<\/a> and 405<\/a>; in 2023, chapters 460<\/a> and 540<\/a>; in 2024, chapter 587<\/a>.<\/p>","references":[{"id":60700,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","order_by":null,"url":"\/32.1-309.1\/"},{"id":59636,"section_number":"51.5-150.1","catch_line":"Powers and duties of the Department with respect to guardian training","order_by":null,"url":"\/51.5-150.1\/"},{"id":56088,"section_number":"51.5-151","catch_line":"Minimum requirements for local programs; authority","order_by":null,"url":"\/51.5-151\/"},{"id":75008,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","order_by":null,"url":"\/54.1-2807.02\/"},{"id":84765,"section_number":"54.1-2818.1","catch_line":"Prerequisites for cremation","order_by":null,"url":"\/54.1-2818.1\/"},{"id":79569,"section_number":"54.1-2818.5","catch_line":"Request for life insurance information; notification of beneficiaries","order_by":null,"url":"\/54.1-2818.5\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":79330,"section_number":"64.2-2007","catch_line":"Hearing on petition to appoint","order_by":null,"url":"\/64.2-2007\/"},{"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":58544,"section_number":"64.2-2020","catch_line":"Annual reports by guardians","order_by":null,"url":"\/64.2-2020\/"}],"refers_to":[{"id":59636,"section_number":"51.5-150.1","catch_line":"Powers and duties of the Department with respect to guardian training","order_by":null,"url":"\/51.5-150.1\/"},{"id":84076,"section_number":"54.1-2825","catch_line":"Person to make arrangements for funeral and disposition of remains","order_by":null,"url":"\/54.1-2825\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"},{"id":68410,"section_number":"64.2-1600","catch_line":"Definitions","order_by":null,"url":"\/64.2-1600\/"},{"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":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"}],"permalink":{"id":275585,"object_type":"law","relational_id":54266,"identifier":"64.2-2019","token":"64.2\/IV\/D\/20\/2\/64.2-2019","url":"\/64.2-2019\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2019\/","token":"64.2\/IV\/D\/20\/2\/64.2-2019","dublin_core":{"Title":"Duties and powers of guardian","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2019","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A guardian<\/span> stands in a fiduciary<\/span> relationship to the incapacitated person<\/span> for whom he was appointed guardian<\/span> and may be held personally liable for a breach of any fiduciary<\/span> duty to the incapacitated person<\/span>. A guardian<\/span> shall not be liable for the acts of the incapacitated person<\/span> unless the guardian<\/span> is personally negligent. A guardian<\/span> shall not be required to expend personal funds on behalf of the incapacitated person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A guardian<\/span>’s duties and authority shall not extend to decisions addressed in a valid advance directive or durable power of attorney<\/span> previously executed by the incapacitated person<\/span>. A guardian<\/span> may seek court<\/span> authorization to revoke, suspend, or otherwise modify a durable power of attorney<\/span>, as provided by the Uniform Power of Attorney<\/span> Act (§ 64.2-1600<\/a> et seq.). Notwithstanding the provisions of the Health Care Decisions Act (§ 54.1-2981<\/a> et seq.) and in accordance with the procedures of § 64.2-2012<\/a>, a guardian<\/span> may seek court<\/span> authorization to modify the designation of an agent under an advance directive, but the modification shall not in any way affect the incapacitated person<\/span>’s directives concerning the provision or refusal of specific medical treatments or procedures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A guardian<\/span> shall maintain sufficient contact with the incapacitated person<\/span> to know of his capabilities, limitations, needs, and opportunities and as needed to comply with the duties imposed upon him pursuant to the order<\/span> of appointment and this section and any other provision of law<\/span>. The guardian<\/span> shall visit the incapacitated person<\/span> as often as necessary and at least three times per year, with at least one visit occurring every 120 days. Except as otherwise provided in subsection C1, of the three required visits, at least two visits shall be conducted by the guardian<\/span>. The guardian<\/span> shall conduct at least one of such visits in person; the second such visit may be conducted by the guardian<\/span> via virtual conference or video call between the guardian<\/span> and incapacitated person<\/span>, provided that the technological means by which such conference or call can take place are readily available.\n\t\t\tThe remaining visit may be conducted (i) by the guardian<\/span>; (ii) by a person other than the guardian<\/span>, including (a) a family member or friend monitored by the guardian<\/span> or (b) a skilled professional retained by the guardian<\/span> to perform guardianship duties on behalf of the guardian<\/span> and who is experienced in the care of individuals<\/span>, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian<\/span> or such family member or friend monitored by the guardian<\/span> or skilled professional and the incapacitated person<\/span>, provided that the technological means by which such conference or call can take place are readily available. If a person other than the guardian<\/span> conducts any such visit, he shall provide a written report to the guardian<\/span> regarding any visit conducted by such person.\n\t\t\tA telephone call shall meet the requirements of this subsection only if such technological means are not readily available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> If for reasons outside the guardian<\/span>’s control the guardian<\/span> cannot make an in-person visit to an incapacitated person<\/span>, then such visit may be conducted in person by an individual<\/span> designated by the guardian<\/span> pursuant to subsection C. If either the guardian<\/span> or such individual<\/span> designated by the guardian<\/span> is unable to conduct an in-person visit, then such visit may be conducted virtually through electronic means such as a virtual conference or video call, or, if such technological means are not readily available, by telephone. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C2.<\/span> In the event of a state of emergency or public health crisis in which a facility<\/span> in which the incapacitated person<\/span> resides is not allowing in-person visitation, visitation requirements required pursuant to subsection C may be met via a virtual conference or video call between the guardian<\/span> and incapacitated person<\/span>, to the extent feasible for the facility<\/span> to provide the technological means by which such conference or call can take place. A telephone call shall meet the requirements of this subsection only if such technological means are not readily available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A guardian<\/span> shall be required to seek prior court<\/span> authorization to change the incapacitated person<\/span>’s residence to another state, to terminate or consent to a termination of the person’s parental rights, or to initiate a change in the person’s marital status. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A guardian<\/span> shall, to the extent feasible, encourage the incapacitated person<\/span> to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian<\/span>, in making decisions, shall consider the expressed desires and personal values<\/span> of the incapacitated person<\/span> to the extent known and shall otherwise act in the incapacitated person<\/span>’s best interest and exercise reasonable care, diligence, and prudence. A guardian<\/span> shall not restrict an incapacitated person<\/span>’s ability to communicate with, visit, or interact with other persons with whom the incapacitated person<\/span> has an established relationship, unless 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 the incapacitated person<\/span>. Such restrictions shall only be imposed pursuant to § 64.2-2019.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E1.<\/span> A guardian<\/span> and any skilled professional retained by such guardian<\/span> to perform guardianship duties on behalf of the guardian<\/span> pursuant to clause (ii) (b) of subsection C shall complete the training developed by the Department for Aging and Rehabilitative Services pursuant to § 51.5-150.1<\/a> within 120 days after the date of the qualification of such guardian<\/span>, unless such training was completed within the past 36 months in conjunction with another guardianship appointment made pursuant to § 64.2-2009<\/a>. No guardian<\/span> or skilled professional retained by such guardian<\/span> shall be required to complete such training more frequently than once every 36 months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A guardian<\/span> shall have authority to make arrangements for the funeral and disposition<\/span> of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian<\/span> is not aware of any person that has been otherwise designated to make such arrangements as set forth in § 54.1-2825<\/a>. A guardian<\/span> shall have authority to make arrangements for the funeral and disposition<\/span> of remains after the death of an incapacitated person<\/span> if, after the guardian<\/span> has made a good faith effort to locate the next of kin of the incapacitated person<\/span> to determine if the next of kin wishes to make such arrangements, the next of kin does not wish to make the arrangements or the next of kin cannot be located. Good faith effort shall include contacting the next of kin identified in the petition<\/span> for appointment of a guardian<\/span>. The funeral service licensee, funeral service establishment, registered crematory, cemetery, cemetery operator, or guardian<\/span> shall be immune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for burial, cremation, or other disposition<\/span> when the provisions of this section are met, unless such acts, decisions, or omissions resulted from bad faith or malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES AND POWERS OF GUARDIAN (\u00a7 64.2-2019)\n\nA. A guardian stands in a fiduciary relationship to the incapacitated person for\nwhom he was appointed guardian and may be held personally liable for a breach of\nany fiduciary duty to the incapacitated person. A guardian shall not be liable\nfor the acts of the incapacitated person unless the guardian is personally\nnegligent. A guardian shall not be required to expend personal funds on behalf\nof the incapacitated person.\n\nB. A guardian’s duties and authority shall not extend to decisions\naddressed in a valid advance directive or durable power of attorney previously\nexecuted by the incapacitated person. A guardian may seek court authorization to\nrevoke, suspend, or otherwise modify a durable power of attorney, as provided by\nthe Uniform Power of Attorney Act (§ 64.2-1600 et seq.). Notwithstanding\nthe provisions of the Health Care Decisions Act (§ 54.1-2981 et seq.) and\nin accordance with the procedures of § 64.2-2012, a guardian may seek court\nauthorization to modify the designation of an agent under an advance directive,\nbut the modification shall not in any way affect the incapacitated\nperson’s directives concerning the provision or refusal of specific\nmedical treatments or procedures.\n\nC. A guardian shall maintain sufficient contact with the incapacitated person to\nknow of his capabilities, limitations, needs, and opportunities and as needed to\ncomply with the duties imposed upon him pursuant to the order of appointment and\nthis section and any other provision of law. The guardian shall visit the\nincapacitated person as often as necessary and at least three times per year,\nwith at least one visit occurring every 120 days. Except as otherwise provided\nin subsection C1, of the three required visits, at least two visits shall be\nconducted by the guardian. The guardian shall conduct at least one of such\nvisits in person; the second such visit may be conducted by the guardian via\nvirtual conference or video call between the guardian and incapacitated person,\nprovided that the technological means by which such conference or call can take\nplace are readily available.\n\t\t\tThe remaining visit may be conducted (i) by the guardian; (ii) by a person\nother than the guardian, including (a) a family member or friend monitored by\nthe guardian or (b) a skilled professional retained by the guardian to perform\nguardianship duties on behalf of the guardian and who is experienced in the care\nof individuals, including older adults or adults with disabilities; or (iii) via\nvirtual conference or video call between either the guardian or such family\nmember or friend monitored by the guardian or skilled professional and the\nincapacitated person, provided that the technological means by which such\nconference or call can take place are readily available. If a person other than\nthe guardian conducts any such visit, he shall provide a written report to the\nguardian regarding any visit conducted by such person.\n\t\t\tA telephone call shall meet the requirements of this subsection only if such\ntechnological means are not readily available.\n\nC1. If for reasons outside the guardian’s control the guardian cannot make\nan in-person visit to an incapacitated person, then such visit may be conducted\nin person by an individual designated by the guardian pursuant to subsection C.\nIf either the guardian or such individual designated by the guardian is unable\nto conduct an in-person visit, then such visit may be conducted virtually\nthrough electronic means such as a virtual conference or video call, or, if such\ntechnological means are not readily available, by telephone.\n\nC2. In the event of a state of emergency or public health crisis in which a\nfacility in which the incapacitated person resides is not allowing in-person\nvisitation, visitation requirements required pursuant to subsection C may be met\nvia a virtual conference or video call between the guardian and incapacitated\nperson, to the extent feasible for the facility to provide the technological\nmeans by which such conference or call can take place. A telephone call shall\nmeet the requirements of this subsection only if such technological means are\nnot readily available.\n\nD. A guardian shall be required to seek prior court authorization to change the\nincapacitated person’s residence to another state, to terminate or consent\nto a termination of the person’s parental rights, or to initiate a change\nin the person’s marital status.\n\nE. A guardian shall, to the extent feasible, encourage the incapacitated person\nto participate in decisions, to act on his own behalf, and to develop or regain\nthe capacity to manage personal affairs. A guardian, in making decisions, shall\nconsider the expressed desires and personal values of the incapacitated person\nto the extent known and shall otherwise act in the incapacitated person’s\nbest interest and exercise reasonable care, diligence, and prudence. A guardian\nshall not restrict an incapacitated person’s ability to communicate with,\nvisit, or interact with other persons with whom the incapacitated person has an\nestablished relationship, unless such restriction is reasonable to prevent\nphysical, mental, or emotional harm to or financial exploitation of such\nincapacitated person and after consideration of the expressed wishes of the\nincapacitated person. Such restrictions shall only be imposed pursuant to §\n64.2-2019.1.\n\nE1. A guardian and any skilled professional retained by such guardian to perform\nguardianship duties on behalf of the guardian pursuant to clause (ii) (b) of\nsubsection C shall complete the training developed by the Department for Aging\nand Rehabilitative Services pursuant to § 51.5-150.1 within 120 days after\nthe date of the qualification of such guardian, unless such training was\ncompleted within the past 36 months in conjunction with another guardianship\nappointment made pursuant to § 64.2-2009. No guardian or skilled\nprofessional retained by such guardian shall be required to complete such\ntraining more frequently than once every 36 months.\n\nF. A guardian shall have authority to make arrangements for the funeral and\ndisposition of remains, including cremation, interment, entombment,\nmemorialization, inurnment, or scattering of the cremains, or some combination\nthereof, if the guardian is not aware of any person that has been otherwise\ndesignated to make such arrangements as set forth in § 54.1-2825. A\nguardian shall have authority to make arrangements for the funeral and\ndisposition of remains after the death of an incapacitated person if, after the\nguardian has made a good faith effort to locate the next of kin of the\nincapacitated person to determine if the next of kin wishes to make such\narrangements, the next of kin does not wish to make the arrangements or the next\nof kin cannot be located. Good faith effort shall include contacting the next of\nkin identified in the petition for appointment of a guardian. The funeral\nservice licensee, funeral service establishment, registered crematory, cemetery,\ncemetery operator, or guardian shall be immune from civil liability for any act,\ndecision, or omission resulting from acceptance of any dead body for burial,\ncremation, or other disposition when the provisions of this section are met,\nunless such acts, decisions, or omissions resulted from bad faith or malicious\nintent.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-137.1; 2005, c. 716, \u00a7 37.2-1020; 2010, cc. 455,\n632; 2012, cc. 463, 614; 2016, cc. 404, 405; 2023, cc. 460, 540; 2024, c. 587.","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}}