{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2021.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2021.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2021.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2021.html"}],"law_id":73684,"edition_id":1,"section_id":73684,"structure_id":13268,"section_number":"64.2-2021","catch_line":"General duties and liabilities of conservator","history":"1997, c. 921, \u00a7 37.1-137.3; 2005, c. 716, \u00a7 37.2-1022; 2012, c. 614.","full_text":"A\n\nAt all times the conservator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the incapacitated person. To the extent known to him, a conservator shall consider the expressed desires and personal values of the incapacitated person.B\n\nSubject to any conditions or limitations set forth in the conservatorship order, the conservator shall take care of and preserve the estate of the incapacitated person and manage it to the best advantage. The conservator shall apply the income from the estate, or so much as may be necessary, to the payment of the debts of the incapacitated person, including payment of reasonable compensation to himself and to any guardian appointed, and to the maintenance of the person and of his legal dependents, if any, and, to the extent that the income is not sufficient, he shall so apply the corpus of the estate.C\n\nA conservator 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 the estate and his financial affairs. A conservator also shall consider the size of the estate, the probable duration of the conservatorship, the incapacitated person’s accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian.D\n\nA conservator stands in a fiduciary relationship to the incapacitated person for whom he was appointed conservator and may be held personally liable for a breach of any fiduciary duty. Unless otherwise provided in the contract, a conservator is personally liable on a contract entered into in a fiduciary capacity in the course of administration of the estate, unless he reveals the representative capacity and identifies the estate in the contract. Claims based upon contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor. A successor conservator is not personally liable for the contracts or actions of a predecessor.E\n\nA conservator shall comply with and be subject to the requirements imposed upon fiduciaries generally under Part A (§ 64.2-1200 et seq.) of this subtitle, specifically including the duty to account set forth in § 64.2-1305.","order_by":null,"text":{"0":{"id":265002,"text":"At all times the conservator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the incapacitated person. To the extent known to him, a conservator shall consider the expressed desires and personal values of the incapacitated person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265003,"text":"Subject to any conditions or limitations set forth in the conservatorship order, the conservator shall take care of and preserve the estate of the incapacitated person and manage it to the best advantage. The conservator shall apply the income from the estate, or so much as may be necessary, to the payment of the debts of the incapacitated person, including payment of reasonable compensation to himself and to any guardian appointed, and to the maintenance of the person and of his legal dependents, if any, and, to the extent that the income is not sufficient, he shall so apply the corpus of the estate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265004,"text":"A conservator 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 the estate and his financial affairs. A conservator also shall consider the size of the estate, the probable duration of the conservatorship, the incapacitated person’s accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265005,"text":"A conservator stands in a fiduciary relationship to the incapacitated person for whom he was appointed conservator and may be held personally liable for a breach of any fiduciary duty. Unless otherwise provided in the contract, a conservator is personally liable on a contract entered into in a fiduciary capacity in the course of administration of the estate, unless he reveals the representative capacity and identifies the estate in the contract. Claims based upon contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor. A successor conservator is not personally liable for the contracts or actions of a predecessor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265006,"text":"A conservator shall comply with and be subject to the requirements imposed upon fiduciaries generally under Part A (§ 64.2-1200 et seq.) of this subtitle, specifically including the duty to account set forth in § 64.2-1305.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2021\/","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 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":67049,"section_number":"64.2-2011","catch_line":"Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate","order_by":null,"url":"\/64.2-2011\/"},{"id":61902,"section_number":"64.2-2014","catch_line":"Clerk to index findings of incapacity or restoration; notice of findings","order_by":null,"url":"\/64.2-2014\/"}],"refers_to":[{"id":72768,"section_number":"64.2-1200","catch_line":"Commissioners of accounts","order_by":null,"url":"\/64.2-1200\/"},{"id":55411,"section_number":"64.2-1305","catch_line":"Conservators, guardians of minors' estates, committees, trustees under \u00a7 64.2-2016, and receivers","order_by":null,"url":"\/64.2-1305\/"}],"permalink":{"id":275597,"object_type":"law","relational_id":73684,"identifier":"64.2-2021","token":"64.2\/IV\/D\/20\/2\/64.2-2021","url":"\/64.2-2021\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2021\/","token":"64.2\/IV\/D\/20\/2\/64.2-2021","dublin_core":{"Title":"General duties and liabilities of conservator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2021","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At all times the conservator<\/span> shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the incapacitated person<\/span>. To the extent known to him, a conservator<\/span> shall consider the expressed desires and personal values<\/span> of the incapacitated person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subject to any conditions or limitations set forth in the conservatorship order<\/span>, the conservator<\/span> shall take care of and preserve the estate<\/span> of the incapacitated person<\/span> and manage it to the best advantage. The conservator<\/span> shall apply the income from the estate<\/span>, or so much as may be necessary, to the payment of the debts of the incapacitated person<\/span>, including payment of reasonable compensation to himself and to any guardian<\/span> appointed, and to the maintenance of the person and of his legal dependents, if any, and, to the extent that the income is not sufficient, he shall so apply the corpus of the estate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A conservator<\/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 the estate<\/span> and his financial affairs. A conservator<\/span> also shall consider the size of the estate<\/span>, the probable duration of the conservatorship, the incapacitated person<\/span>’s accustomed manner of living, other resources known to the conservator<\/span> to be available, and the recommendations of the guardian<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A conservator<\/span> stands in a fiduciary<\/span> relationship to the incapacitated person<\/span> for whom he was appointed conservator<\/span> and may be held personally liable for a breach of any fiduciary<\/span> duty. Unless otherwise provided in the contract<\/span>, a conservator<\/span> is personally liable on a contract<\/span> entered into in a fiduciary<\/span> capacity in the course of administration of the estate<\/span>, unless he reveals the representative capacity and identifies the estate<\/span> in the contract<\/span>. Claims based upon contracts<\/span> entered into by a conservator<\/span> in a fiduciary<\/span> capacity, obligations arising from ownership or control of the estate<\/span>, or torts<\/span> committed in the course of administration of the estate<\/span> may be asserted against the estate<\/span> by proceeding against the conservator<\/span> in a fiduciary<\/span> capacity, whether or not the conservator<\/span> is personally liable therefor. A successor conservator<\/span> is not personally liable for the contracts<\/span> or actions of a predecessor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A conservator<\/span> shall comply with and be subject to the requirements imposed upon fiduciaries generally under Part A (§ 64.2-1200<\/a> et seq.) of this subtitle, specifically including the duty to account set forth in § 64.2-1305<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL DUTIES AND LIABILITIES OF CONSERVATOR (\u00a7 64.2-2021)\n\nA. At all times the conservator shall exercise reasonable care, diligence, and\nprudence and shall act in the best interest of the incapacitated person. To the\nextent known to him, a conservator shall consider the expressed desires and\npersonal values of the incapacitated person.\n\nB. Subject to any conditions or limitations set forth in the conservatorship\norder, the conservator shall take care of and preserve the estate of the\nincapacitated person and manage it to the best advantage. The conservator shall\napply the income from the estate, or so much as may be necessary, to the payment\nof the debts of the incapacitated person, including payment of reasonable\ncompensation to himself and to any guardian appointed, and to the maintenance of\nthe person and of his legal dependents, if any, and, to the extent that the\nincome is not sufficient, he shall so apply the corpus of the estate.\n\nC. A conservator shall, to the extent feasible, encourage the incapacitated\nperson to participate in decisions, to act on his own behalf, and to develop or\nregain the capacity to manage the estate and his financial affairs. A\nconservator also shall consider the size of the estate, the probable duration of\nthe conservatorship, the incapacitated person’s accustomed manner of\nliving, other resources known to the conservator to be available, and the\nrecommendations of the guardian.\n\nD. A conservator stands in a fiduciary relationship to the incapacitated person\nfor whom he was appointed conservator and may be held personally liable for a\nbreach of any fiduciary duty. Unless otherwise provided in the contract, a\nconservator is personally liable on a contract entered into in a fiduciary\ncapacity in the course of administration of the estate, unless he reveals the\nrepresentative capacity and identifies the estate in the contract. Claims based\nupon contracts entered into by a conservator in a fiduciary capacity,\nobligations arising from ownership or control of the estate, or torts committed\nin the course of administration of the estate may be asserted against the estate\nby proceeding against the conservator in a fiduciary capacity, whether or not\nthe conservator is personally liable therefor. A successor conservator is not\npersonally liable for the contracts or actions of a predecessor.\n\nE. A conservator shall comply with and be subject to the requirements imposed\nupon fiduciaries generally under Part A (§ 64.2-1200 et seq.) of this\nsubtitle, specifically including the duty to account set forth in §\n64.2-1305.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-137.3; 2005, c. 716, \u00a7 37.2-1022; 2012, 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}}