{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2022.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2022.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2022.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2022.html"}],"law_id":78923,"edition_id":1,"section_id":78923,"structure_id":13268,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","history":"1997, c. 921, \u00a7 37.1-137.4; 2004, cc. 652, 756; 2005, c. 716, \u00a7 37.2-1023; 2007, c. 694; 2010, cc. 455, 632; 2012, c. 614; 2013, c. 523; 2016, cc. 187, 269.","full_text":"A\n\nA conservator, in managing the estate, shall have the powers set forth in \u00a7 64.2-105 as of the date the conservator acts as well as the following powers, which may be exercised without prior court authorization except as otherwise specifically provided in the court’s order of appointment:1\n\nTo ratify or reject a contract entered into by an incapacitated person;2\n\nTo pay any sum distributable for the benefit of the incapacitated person or for the benefit of a legal dependent by paying the sum directly to the distributee, to the provider of goods and services, to any individual or facility that is responsible for or has assumed responsibility for care and custody, or to a distributee’s custodian under a Uniform Gifts or Transfers to Minors Act of any applicable jurisdiction or by paying the sum to the guardian of the incapacitated person or, in the case of a dependent, to the dependent’s guardian or conservator;3\n\nTo maintain life, health, casualty, and liability insurance for the benefit of the incapacitated person or his legal dependents;4\n\nTo manage the estate following the termination of the conservatorship until its delivery to the incapacitated person or successors in interest;5\n\nTo execute and deliver all instruments and to take all other actions that will serve in the best interests of the incapacitated person;6\n\nTo initiate a proceeding (i) to revoke a power of attorney under the provisions of the Uniform Power of Attorney Act (§ 64.2-1600 et seq.), (ii) to make an augmented estate election under § 64.2-302 or 64.2-308.13, as applicable, or (iii) to make an election to take a family allowance, exempt property, or a homestead allowance under § 64.2-313; and7\n\nTo borrow money for periods of time and upon terms and conditions for rates, maturities, renewals, and security that to the conservator shall seem advisable, including the power to borrow from the conservator, if the conservator is a bank, for any purpose; to mortgage or pledge the portion of the incapacitated person’s estate that may be required to secure the loan or loans; and, as maker or endorser, to renew existing loans.B\n\nThe court may impose requirements to be satisfied by the conservator prior to the conveyance of any interest in real estate, including (i) increasing the amount of the conservator’s bond, (ii) securing an appraisal of the real estate or interest, (iii) giving notice to interested parties as the court deems proper, (iv) consulting by the conservator with the commissioner of accounts and, if one has been appointed, with the guardian, and (v) requiring the use of a common source information company, as defined in § 54.1-2130, when listing the property. If the court imposes any such requirements, the conservator shall make a report of his compliance with each requirement, to be filed with the commissioner of accounts. Promptly following receipt of the conservator’s report, the commissioner of accounts shall file a report with the court indicating whether the requirements imposed have been met and whether the sale is otherwise consistent with the conservator’s duties. The conveyance shall not be closed until a report by the commissioner of accounts is filed with the court and confirmed as provided in §§ 64.2-1212, 64.2-1213, and 64.2-1214.","order_by":null,"text":{"0":{"id":282684,"text":"A conservator, in managing the estate, shall have the powers set forth in \u00a7 64.2-105 as of the date the conservator acts as well as the following powers, which may be exercised without prior court authorization except as otherwise specifically provided in the court’s order of appointment:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282685,"text":"To ratify or reject a contract entered into by an incapacitated person;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282686,"text":"To pay any sum distributable for the benefit of the incapacitated person or for the benefit of a legal dependent by paying the sum directly to the distributee, to the provider of goods and services, to any individual or facility that is responsible for or has assumed responsibility for care and custody, or to a distributee’s custodian under a Uniform Gifts or Transfers to Minors Act of any applicable jurisdiction or by paying the sum to the guardian of the incapacitated person or, in the case of a dependent, to the dependent’s guardian or conservator;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":282687,"text":"To maintain life, health, casualty, and liability insurance for the benefit of the incapacitated person or his legal dependents;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":282688,"text":"To manage the estate following the termination of the conservatorship until its delivery to the incapacitated person or successors in interest;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":282689,"text":"To execute and deliver all instruments and to take all other actions that will serve in the best interests of the incapacitated person;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":282690,"text":"To initiate a proceeding (i) to revoke a power of attorney under the provisions of the Uniform Power of Attorney Act (§ 64.2-1600 et seq.), (ii) to make an augmented estate election under § 64.2-302 or 64.2-308.13, as applicable, or (iii) to make an election to take a family allowance, exempt property, or a homestead allowance under § 64.2-313; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":282691,"text":"To borrow money for periods of time and upon terms and conditions for rates, maturities, renewals, and security that to the conservator shall seem advisable, including the power to borrow from the conservator, if the conservator is a bank, for any purpose; to mortgage or pledge the portion of the incapacitated person’s estate that may be required to secure the loan or loans; and, as maker or endorser, to renew existing loans.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":282692,"text":"The court may impose requirements to be satisfied by the conservator prior to the conveyance of any interest in real estate, including (i) increasing the amount of the conservator’s bond, (ii) securing an appraisal of the real estate or interest, (iii) giving notice to interested parties as the court deems proper, (iv) consulting by the conservator with the commissioner of accounts and, if one has been appointed, with the guardian, and (v) requiring the use of a common source information company, as defined in § 54.1-2130, when listing the property. If the court imposes any such requirements, the conservator shall make a report of his compliance with each requirement, to be filed with the commissioner of accounts. Promptly following receipt of the conservator’s report, the commissioner of accounts shall file a report with the court indicating whether the requirements imposed have been met and whether the sale is otherwise consistent with the conservator’s duties. The conveyance shall not be closed until a report by the commissioner of accounts is filed with the court and confirmed as provided in §§ 64.2-1212, 64.2-1213, and 64.2-1214.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2022\/","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 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapters 652<\/a> and 756<\/a>; in 2005, chapter 716<\/a>; in 2007, chapter 694<\/a>; in 2010, chapters 455<\/a> and 632<\/a>; in 2012, chapter 614<\/a>; in 2013, chapter 523<\/a>; in 2016, chapters 187<\/a> and 269<\/a>.<\/p>","references":[{"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":55353,"section_number":"54.1-2130","catch_line":"Definitions","order_by":null,"url":"\/54.1-2130\/"},{"id":79409,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","order_by":null,"url":"\/64.2-105\/"},{"id":69972,"section_number":"64.2-1212","catch_line":"Exceptions to report; examination, correction, and confirmation","order_by":null,"url":"\/64.2-1212\/"},{"id":81061,"section_number":"64.2-1213","catch_line":"Effect of confirmation of report","order_by":null,"url":"\/64.2-1213\/"},{"id":59643,"section_number":"64.2-1214","catch_line":"Recordation of report","order_by":null,"url":"\/64.2-1214\/"},{"id":68410,"section_number":"64.2-1600","catch_line":"Definitions","order_by":null,"url":"\/64.2-1600\/"},{"id":75301,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","order_by":null,"url":"\/64.2-302\/"},{"id":69369,"section_number":"64.2-308.13","catch_line":"Right of election personal to surviving spouse; incapacitated surviving spouse","order_by":null,"url":"\/64.2-308.13\/"},{"id":62592,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","order_by":null,"url":"\/64.2-313\/"}],"permalink":{"id":275601,"object_type":"law","relational_id":78923,"identifier":"64.2-2022","token":"64.2\/IV\/D\/20\/2\/64.2-2022","url":"\/64.2-2022\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2022\/","token":"64.2\/IV\/D\/20\/2\/64.2-2022","dublin_core":{"Title":"Management powers and duties of conservator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2022","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A conservator<\/span>, in managing the estate<\/span>, shall have the powers set forth in \u00a7 64.2-105<\/a> as of the date the conservator<\/span> acts as well as the following powers, which may be exercised without prior court<\/span> authorization except as otherwise specifically provided in the court<\/span>’s order<\/span> of appointment: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To ratify or reject a contract<\/span> entered into by an incapacitated person<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To pay any sum distributable for the benefit of the incapacitated person<\/span> or for the benefit of a legal dependent by paying the sum directly to the distributee, to the provider of goods and services, to any individual<\/span> or facility<\/span> that is responsible for or has assumed responsibility for care and custody<\/span>, or to a distributee’s custodian under a Uniform Gifts or Transfers to Minors<\/span> Act of any applicable jurisdiction<\/span> or by paying the sum to the guardian<\/span> of the incapacitated person<\/span> or, in the case of a dependent, to the dependent’s guardian<\/span> or conservator<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To maintain life, health, casualty, and liability insurance for the benefit of the incapacitated person<\/span> or his legal dependents; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To manage the estate<\/span> following the termination of the conservatorship until its delivery to the incapacitated person<\/span> or successors in interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To execute and deliver all instruments and to take all other actions that will<\/span> serve in the best interests of the incapacitated person<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To initiate a proceeding (i) to revoke a power of attorney<\/span> under the provisions of the Uniform Power of Attorney<\/span> Act (§ 64.2-1600<\/a> et seq.), (ii) to make an augmented estate<\/span> election under § 64.2-302<\/a> or 64.2-308.13<\/a>, as applicable, or (iii) to make an election to take a family allowance, exempt property<\/span>, or a homestead allowance under § 64.2-313<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To borrow money for periods of time and upon terms and conditions for rates, maturities, renewals, and security that to the conservator<\/span> shall seem advisable, including the power to borrow from the conservator<\/span>, if the conservator<\/span> is a bank, for any purpose; to mortgage or pledge the portion of the incapacitated person<\/span>’s estate<\/span> that may be required to secure the loan or loans; and, as maker or endorser, to renew existing loans. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may impose requirements to be satisfied by the conservator<\/span> prior to the conveyance of any interest in real estate<\/span>, including (i) increasing the amount of the conservator<\/span>’s bond<\/span>, (ii) securing an appraisal of the real estate<\/span> or interest, (iii) giving notice to interested parties as the court<\/span> deems proper, (iv) consulting by the conservator<\/span> with the commissioner of accounts and, if one has been appointed, with the guardian<\/span>, and (v) requiring the use of a common source information company, as defined in § 54.1-2130<\/a>, when listing the property<\/span>. If the court<\/span> imposes any such requirements, the conservator<\/span> shall make a report of his compliance with each requirement, to be filed with the commissioner of accounts. Promptly following receipt of the conservator<\/span>’s report, the commissioner of accounts shall file a report with the court<\/span> indicating whether the requirements imposed have been met and whether the sale is otherwise consistent with the conservator<\/span>’s duties. The conveyance shall not be closed until a report by the commissioner of accounts is filed with the court<\/span> and confirmed as provided in §§ 64.2-1212<\/a>, 64.2-1213<\/a>, and 64.2-1214<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANAGEMENT POWERS AND DUTIES OF CONSERVATOR (\u00a7 64.2-2022)\n\nA. A conservator, in managing the estate, shall have the powers set forth in \u00a7\n64.2-105 as of the date the conservator acts as well as the following powers,\nwhich may be exercised without prior court authorization except as otherwise\nspecifically provided in the court’s order of appointment:\n\n 1. To ratify or reject a contract entered into by an incapacitated person;\n\n 2. To pay any sum distributable for the benefit of the incapacitated person or\n for the benefit of a legal dependent by paying the sum directly to the\n distributee, to the provider of goods and services, to any individual or\n facility that is responsible for or has assumed responsibility for care and\n custody, or to a distributee’s custodian under a Uniform Gifts or\n Transfers to Minors Act of any applicable jurisdiction or by paying the sum to\n the guardian of the incapacitated person or, in the case of a dependent, to\n the dependent’s guardian or conservator;\n\n 3. To maintain life, health, casualty, and liability insurance for the benefit\n of the incapacitated person or his legal dependents;\n\n 4. To manage the estate following the termination of the conservatorship until\n its delivery to the incapacitated person or successors in interest;\n\n 5. To execute and deliver all instruments and to take all other actions that\n will serve in the best interests of the incapacitated person;\n\n 6. To initiate a proceeding (i) to revoke a power of attorney under the\n provisions of the Uniform Power of Attorney Act (§ 64.2-1600 et seq.),\n (ii) to make an augmented estate election under § 64.2-302 or\n 64.2-308.13, as applicable, or (iii) to make an election to take a family\n allowance, exempt property, or a homestead allowance under § 64.2-313;\n and\n\n 7. To borrow money for periods of time and upon terms and conditions for\n rates, maturities, renewals, and security that to the conservator shall seem\n advisable, including the power to borrow from the conservator, if the\n conservator is a bank, for any purpose; to mortgage or pledge the portion of\n the incapacitated person’s estate that may be required to secure the\n loan or loans; and, as maker or endorser, to renew existing loans.\n\nB. The court may impose requirements to be satisfied by the conservator prior to\nthe conveyance of any interest in real estate, including (i) increasing the\namount of the conservator’s bond, (ii) securing an appraisal of the real\nestate or interest, (iii) giving notice to interested parties as the court deems\nproper, (iv) consulting by the conservator with the commissioner of accounts\nand, if one has been appointed, with the guardian, and (v) requiring the use of\na common source information company, as defined in § 54.1-2130, when\nlisting the property. If the court imposes any such requirements, the\nconservator shall make a report of his compliance with each requirement, to be\nfiled with the commissioner of accounts. Promptly following receipt of the\nconservator’s report, the commissioner of accounts shall file a report\nwith the court indicating whether the requirements imposed have been met and\nwhether the sale is otherwise consistent with the conservator’s duties.\nThe conveyance shall not be closed until a report by the commissioner of\naccounts is filed with the court and confirmed as provided in §§\n64.2-1212, 64.2-1213, and 64.2-1214.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-137.4; 2004, cc. 652, 756; 2005, c. 716, \u00a7\n37.2-1023; 2007, c. 694; 2010, cc. 455, 632; 2012, c. 614; 2013, c. 523; 2016,\ncc. 187, 269.","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}}