{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2023.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2023.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2023.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2023.html"}],"law_id":70953,"edition_id":1,"section_id":70953,"structure_id":13268,"section_number":"64.2-2023","catch_line":"Estate planning","history":"1997, c. 921, \u00a7 37.1-137.5; 2003, cc. 253, 528; 2005, c. 716, \u00a7 37.2-1024; 2012, c. 614; 2013, c. 523; 2014, c. 532; 2025, c. 148.","full_text":"A\n\nIn the order appointing a conservator entered pursuant to § 64.2-2009 or in a separate proceeding brought on petition, the court may for good cause shown authorize a conservator to (i) make gifts from income and principal of the incapacitated person’s estate not necessary for the incapacitated person’s maintenance to those persons to whom the incapacitated person would, in the judgment of the court, have made gifts if he had been of sound mind, (ii) disclaim property as provided in Chapter 26 (§ 64.2-2600 et seq.), or (iii) create a revocable or irrevocable trust on behalf of an incapacitated person with terms approved by the court or transfer assets of an incapacitated person or an incapacitated person’s estate to a trust.B\n\nIn a proceeding under this section, a guardian ad litem shall be appointed to represent the interest of the incapacitated person. Notice of a proceeding under this section shall be given pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules of Supreme Court of Virginia to: (i) the incapacitated person and the incapacitated person’s spouse and children, (ii) all beneficiaries named in any known will of the incapacitated person, (iii) the incapacitated person’s intestate heirs determined as if the incapacitated person had died intestate on the date of the filing of the petition, and (iv) all other interested persons. The court may authorize the hearing to proceed without notice to any person who would not be substantially affected by the proceedings. For the purposes of this section, the beneficiaries and intestate heirs shall be deemed possessed of inchoate property rights. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may with the approval of the court be represented and bound by another having a substantially identical interest with respect to the will proceeding under this section, but only to the extent that there is no conflict of interest between the representative and the person represented.C\n\nThe court shall determine the amounts, recipients, and proportions of any gifts of the estate, the advisability of any disclaimer, whether good cause exists to create a trust or transfer assets, and whether to approve the trust terms after considering (i) the size and composition of the estate; (ii) the nature and probable duration of the incapacity; (iii) the effect of the gifts, disclaimers, trusts, or transfers on the estate’s financial ability to meet the incapacitated person’s foreseeable health, medical care, and maintenance needs; (iv) the incapacitated person’s estate plan and the effect of the gifts, disclaimers, trusts, or transfers on the estate plan; (v) prior patterns of assistance or gifts to the proposed donees; (vi) the tax effect of the proposed gifts, disclaimers, trusts, or transfers; (vii) the effect of any transfer of assets or disclaimer on the establishment or retention of eligibility for medical assistance services; (viii) whether to require, during the lifetime of the incapacitated person, that the trustee of any trust created or funded pursuant to this section post bond, with or without surety, or provide an accounting as set forth in § 64.2-1305; and (ix) other factors that the court may deem relevant.D\n\nA commissioner of accounts for the jurisdiction where a conservator qualifies may authorize the same gifts under the same circumstances as the circuit court may authorize under subsection C, except that (i) the total gifts authorized in a calendar year shall not exceed $35,000 and (ii) the commissioner shall report to the court his determination based upon consideration of clauses (i) through (ix) set forth in subsection C. The provisions of subsection B shall not apply to proceedings before the commissioner, but the commissioner shall give reasonable written notice of the scheduled hearing date to any person who would be substantially affected by the proceedings. The commissioner may provide notice to a minor by mail to the duly qualified guardian of the minor or, if none exists, a custodial parent of the minor who is also not the conservator.E\n\nIf the gifts by the conservator under clause (i) of subsection A do not exceed $200 to each donee in a calendar year and do not exceed a total of $1,000 in a calendar year, the conservator may make such gifts without a hearing under this section, the appointment of a guardian ad litem, or giving notice to any person. Prior to the making of such a gift, the conservator shall consider clauses (i) through (ix) set forth in subsection C and shall also find that the incapacitated person has shown a history of giving the same or a similar gift to a specific donee for the previous three years prior to the appointment of the conservator.F\n\nThe conservator may transfer assets of an incapacitated person or an incapacitated person’s estate into an irrevocable trust where the transfer has been designated solely for burial of the incapacitated person or spouse of the incapacitated person in accordance with conditions set forth in subdivision A 2 of § 32.1-325. The conservator also may contractually bind an incapacitated person or an incapacitated person’s estate by executing a preneed funeral contract, described in Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1, for the benefit of the incapacitated person.G\n\nA conservator may exercise the incapacitated person’s power to revoke or amend a trust or to withdraw or demand distribution of trust assets only with the approval of the court for good cause shown, unless the trust instrument expressly provides otherwise.","order_by":null,"text":{"0":{"id":255875,"text":"In the order appointing a conservator entered pursuant to § 64.2-2009 or in a separate proceeding brought on petition, the court may for good cause shown authorize a conservator to (i) make gifts from income and principal of the incapacitated person’s estate not necessary for the incapacitated person’s maintenance to those persons to whom the incapacitated person would, in the judgment of the court, have made gifts if he had been of sound mind, (ii) disclaim property as provided in Chapter 26 (§ 64.2-2600 et seq.), or (iii) create a revocable or irrevocable trust on behalf of an incapacitated person with terms approved by the court or transfer assets of an incapacitated person or an incapacitated person’s estate to a trust.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255876,"text":"In a proceeding under this section, a guardian ad litem shall be appointed to represent the interest of the incapacitated person. Notice of a proceeding under this section shall be given pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules of Supreme Court of Virginia to: (i) the incapacitated person and the incapacitated person’s spouse and children, (ii) all beneficiaries named in any known will of the incapacitated person, (iii) the incapacitated person’s intestate heirs determined as if the incapacitated person had died intestate on the date of the filing of the petition, and (iv) all other interested persons. The court may authorize the hearing to proceed without notice to any person who would not be substantially affected by the proceedings. For the purposes of this section, the beneficiaries and intestate heirs shall be deemed possessed of inchoate property rights. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may with the approval of the court be represented and bound by another having a substantially identical interest with respect to the will proceeding under this section, but only to the extent that there is no conflict of interest between the representative and the person represented.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255877,"text":"The court shall determine the amounts, recipients, and proportions of any gifts of the estate, the advisability of any disclaimer, whether good cause exists to create a trust or transfer assets, and whether to approve the trust terms after considering (i) the size and composition of the estate; (ii) the nature and probable duration of the incapacity; (iii) the effect of the gifts, disclaimers, trusts, or transfers on the estate’s financial ability to meet the incapacitated person’s foreseeable health, medical care, and maintenance needs; (iv) the incapacitated person’s estate plan and the effect of the gifts, disclaimers, trusts, or transfers on the estate plan; (v) prior patterns of assistance or gifts to the proposed donees; (vi) the tax effect of the proposed gifts, disclaimers, trusts, or transfers; (vii) the effect of any transfer of assets or disclaimer on the establishment or retention of eligibility for medical assistance services; (viii) whether to require, during the lifetime of the incapacitated person, that the trustee of any trust created or funded pursuant to this section post bond, with or without surety, or provide an accounting as set forth in § 64.2-1305; and (ix) other factors that the court may deem relevant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255878,"text":"A commissioner of accounts for the jurisdiction where a conservator qualifies may authorize the same gifts under the same circumstances as the circuit court may authorize under subsection C, except that (i) the total gifts authorized in a calendar year shall not exceed $35,000 and (ii) the commissioner shall report to the court his determination based upon consideration of clauses (i) through (ix) set forth in subsection C. The provisions of subsection B shall not apply to proceedings before the commissioner, but the commissioner shall give reasonable written notice of the scheduled hearing date to any person who would be substantially affected by the proceedings. The commissioner may provide notice to a minor by mail to the duly qualified guardian of the minor or, if none exists, a custodial parent of the minor who is also not the conservator.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":255879,"text":"If the gifts by the conservator under clause (i) of subsection A do not exceed $200 to each donee in a calendar year and do not exceed a total of $1,000 in a calendar year, the conservator may make such gifts without a hearing under this section, the appointment of a guardian ad litem, or giving notice to any person. Prior to the making of such a gift, the conservator shall consider clauses (i) through (ix) set forth in subsection C and shall also find that the incapacitated person has shown a history of giving the same or a similar gift to a specific donee for the previous three years prior to the appointment of the conservator.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":255880,"text":"The conservator may transfer assets of an incapacitated person or an incapacitated person’s estate into an irrevocable trust where the transfer has been designated solely for burial of the incapacitated person or spouse of the incapacitated person in accordance with conditions set forth in subdivision A 2 of § 32.1-325. The conservator also may contractually bind an incapacitated person or an incapacitated person’s estate by executing a preneed funeral contract, described in Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1, for the benefit of the incapacitated person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":255881,"text":"A conservator may exercise the incapacitated person’s power to revoke or amend a trust or to withdraw or demand distribution of trust assets only with the approval of the court for good cause shown, unless the trust instrument expressly provides otherwise.","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 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2023\/","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 2003, chapters 253<\/a> and 528<\/a>; in 2005, chapter 716<\/a>; in 2012, chapter 614<\/a>; in 2013, chapter 523<\/a>; in 2014, chapter 532<\/a>; in 2025, chapter 148<\/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":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"},{"id":76263,"section_number":"54.1-2800","catch_line":"Definitions","order_by":null,"url":"\/54.1-2800\/"},{"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\/"},{"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":67448,"section_number":"64.2-2600","catch_line":"Definitions","order_by":null,"url":"\/64.2-2600\/"},{"id":65534,"section_number":"8.01-285","catch_line":"Definition of certain terms used in this chapter; process, return, statutory agent","order_by":null,"url":"\/8.01-285\/"}],"permalink":{"id":275605,"object_type":"law","relational_id":70953,"identifier":"64.2-2023","token":"64.2\/IV\/D\/20\/2\/64.2-2023","url":"\/64.2-2023\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2023\/","token":"64.2\/IV\/D\/20\/2\/64.2-2023","dublin_core":{"Title":"Estate planning","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2023","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the order<\/span> appointing a conservator<\/span> entered pursuant to § 64.2-2009<\/a> or in a separate proceeding brought on petition<\/span>, the court<\/span> may for good cause shown authorize a conservator<\/span> to (i) make gifts from income and principal of the incapacitated person<\/span>’s estate<\/span> not necessary for the incapacitated person<\/span>’s maintenance to those persons to whom the incapacitated person<\/span> would, in the judgment<\/span> of the court<\/span>, have made gifts if he had been of sound mind, (ii) disclaim property<\/span> as provided in Chapter 26 (§ 64.2-2600<\/a> et seq.), or (iii) create a revocable or irrevocable trust on behalf of an incapacitated person<\/span> with terms approved by the court<\/span> or transfer assets<\/span> of an incapacitated person<\/span> or an incapacitated person<\/span>’s estate<\/span> to a trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In a proceeding under this section, a guardian ad litem<\/span> shall be appointed to represent the interest of the incapacitated person<\/span>. Notice of a proceeding under this section shall be given pursuant to Chapter 8 (§ 8.01-285<\/a> et seq.) of Title 8.01 and the Rules of Supreme Court<\/span> of Virginia to: (i) the incapacitated person<\/span> and the incapacitated person<\/span>’s spouse and children, (ii) all beneficiaries named in any known will<\/span> of the incapacitated person<\/span>, (iii) the incapacitated person<\/span>’s intestate heirs determined as if the incapacitated person<\/span> had died intestate on the date of the filing of the petition<\/span>, and (iv) all other interested persons. The court<\/span> may authorize the hearing<\/span> to proceed without notice to any person who would not be substantially affected by the proceedings. For the purposes of this section, the beneficiaries and intestate heirs shall be deemed possessed of inchoate property<\/span> rights. Unless otherwise represented, a minor<\/span>, incapacitated, or unborn individual<\/span>, or a person whose identity or location is unknown and not reasonably ascertainable, may with the approval of the court<\/span> be represented and bound by another having a substantially identical interest with respect to the will<\/span> proceeding under this section, but only to the extent that there is no conflict of interest<\/span> between the representative and the person represented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall determine the amounts, recipients, and proportions of any gifts of the estate<\/span>, the advisability of any disclaimer, whether good cause exists to create a trust or transfer assets<\/span>, and whether to approve the trust terms after considering (i) the size and composition of the estate<\/span>; (ii) the nature and probable duration of the incapacity; (iii) the effect of the gifts, disclaimers, trusts, or transfers on the estate<\/span>’s financial ability to meet the incapacitated person<\/span>’s foreseeable health, medical care, and maintenance needs; (iv) the incapacitated person<\/span>’s estate<\/span> plan and the effect of the gifts, disclaimers, trusts, or transfers on the estate<\/span> plan; (v) prior patterns of assistance or gifts to the proposed donees; (vi) the tax effect of the proposed gifts, disclaimers, trusts, or transfers; (vii) the effect of any transfer of assets<\/span> or disclaimer on the establishment or retention of eligibility for medical assistance services; (viii) whether to require, during the lifetime of the incapacitated person<\/span>, that the trustee<\/span> of any trust created or funded pursuant to this section post bond<\/span>, with or without surety<\/span>, or provide an accounting as set forth in § 64.2-1305<\/a>; and (ix) other factors that the court<\/span> may deem relevant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A commissioner of accounts for the jurisdiction<\/span> where a conservator<\/span> qualifies may authorize the same gifts under the same circumstances as the circuit<\/span> court<\/span> may authorize under subsection C, except that (i) the total gifts authorized in a calendar year shall not exceed $35,000 and (ii) the commissioner shall report to the court<\/span> his determination based upon consideration of clauses (i) through (ix) set forth in subsection C. The provisions of subsection B shall not apply to proceedings before the commissioner, but the commissioner shall give reasonable written notice of the scheduled hearing<\/span> date to any person who would be substantially affected by the proceedings. The commissioner may provide notice to a minor<\/span> by mail to the duly qualified guardian of the minor<\/span> or, if none exists, a custodial parent of the minor<\/span> who is also not the conservator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the gifts by the conservator<\/span> under clause (i) of subsection A do not exceed $200 to each donee in a calendar year and do not exceed a total of $1,000 in a calendar year, the conservator<\/span> may make such gifts without a hearing<\/span> under this section, the appointment of a guardian ad litem<\/span>, or giving notice to any person. Prior to the making of such a gift, the conservator<\/span> shall consider clauses (i) through (ix) set forth in subsection C and shall also find that the incapacitated person<\/span> has shown a history of giving the same or a similar gift to a specific donee for the previous three years prior to the appointment of the conservator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The conservator<\/span> may transfer assets<\/span> of an incapacitated person<\/span> or an incapacitated person<\/span>’s estate<\/span> into an irrevocable trust where the transfer has been designated solely for burial of the incapacitated person<\/span> or spouse of the incapacitated person<\/span> in accordance with conditions set forth in subdivision A 2 of § 32.1-325<\/a>. The conservator<\/span> also may contractually bind an incapacitated person<\/span> or an incapacitated person<\/span>’s estate<\/span> by executing a preneed funeral contract<\/span>, described in Chapter 28 (§ 54.1-2800<\/a> et seq.) of Title 54.1, for the benefit of the incapacitated person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A conservator<\/span> may exercise the incapacitated person<\/span>’s power to revoke or amend<\/span> a trust or to withdraw or demand distribution of trust assets<\/span> only with the approval of the court<\/span> for good cause shown, unless the trust instrument expressly provides otherwise. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nESTATE PLANNING (\u00a7 64.2-2023)\n\nA. In the order appointing a conservator entered pursuant to § 64.2-2009 or\nin a separate proceeding brought on petition, the court may for good cause shown\nauthorize a conservator to (i) make gifts from income and principal of the\nincapacitated person’s estate not necessary for the incapacitated\nperson’s maintenance to those persons to whom the incapacitated person\nwould, in the judgment of the court, have made gifts if he had been of sound\nmind, (ii) disclaim property as provided in Chapter 26 (§ 64.2-2600 et\nseq.), or (iii) create a revocable or irrevocable trust on behalf of an\nincapacitated person with terms approved by the court or transfer assets of an\nincapacitated person or an incapacitated person’s estate to a trust.\n\nB. In a proceeding under this section, a guardian ad litem shall be appointed to\nrepresent the interest of the incapacitated person. Notice of a proceeding under\nthis section shall be given pursuant to Chapter 8 (§ 8.01-285 et seq.) of\nTitle 8.01 and the Rules of Supreme Court of Virginia to: (i) the incapacitated\nperson and the incapacitated person’s spouse and children, (ii) all\nbeneficiaries named in any known will of the incapacitated person, (iii) the\nincapacitated person’s intestate heirs determined as if the incapacitated\nperson had died intestate on the date of the filing of the petition, and (iv)\nall other interested persons. The court may authorize the hearing to proceed\nwithout notice to any person who would not be substantially affected by the\nproceedings. For the purposes of this section, the beneficiaries and intestate\nheirs shall be deemed possessed of inchoate property rights. Unless otherwise\nrepresented, a minor, incapacitated, or unborn individual, or a person whose\nidentity or location is unknown and not reasonably ascertainable, may with the\napproval of the court be represented and bound by another having a substantially\nidentical interest with respect to the will proceeding under this section, but\nonly to the extent that there is no conflict of interest between the\nrepresentative and the person represented.\n\nC. The court shall determine the amounts, recipients, and proportions of any\ngifts of the estate, the advisability of any disclaimer, whether good cause\nexists to create a trust or transfer assets, and whether to approve the trust\nterms after considering (i) the size and composition of the estate; (ii) the\nnature and probable duration of the incapacity; (iii) the effect of the gifts,\ndisclaimers, trusts, or transfers on the estate’s financial ability to\nmeet the incapacitated person’s foreseeable health, medical care, and\nmaintenance needs; (iv) the incapacitated person’s estate plan and the\neffect of the gifts, disclaimers, trusts, or transfers on the estate plan; (v)\nprior patterns of assistance or gifts to the proposed donees; (vi) the tax\neffect of the proposed gifts, disclaimers, trusts, or transfers; (vii) the\neffect of any transfer of assets or disclaimer on the establishment or retention\nof eligibility for medical assistance services; (viii) whether to require,\nduring the lifetime of the incapacitated person, that the trustee of any trust\ncreated or funded pursuant to this section post bond, with or without surety, or\nprovide an accounting as set forth in § 64.2-1305; and (ix) other factors\nthat the court may deem relevant.\n\nD. A commissioner of accounts for the jurisdiction where a conservator qualifies\nmay authorize the same gifts under the same circumstances as the circuit court\nmay authorize under subsection C, except that (i) the total gifts authorized in\na calendar year shall not exceed $35,000 and (ii) the commissioner shall report\nto the court his determination based upon consideration of clauses (i) through\n(ix) set forth in subsection C. The provisions of subsection B shall not apply\nto proceedings before the commissioner, but the commissioner shall give\nreasonable written notice of the scheduled hearing date to any person who would\nbe substantially affected by the proceedings. The commissioner may provide\nnotice to a minor by mail to the duly qualified guardian of the minor or, if\nnone exists, a custodial parent of the minor who is also not the conservator.\n\nE. If the gifts by the conservator under clause (i) of subsection A do not\nexceed $200 to each donee in a calendar year and do not exceed a total of $1,000\nin a calendar year, the conservator may make such gifts without a hearing under\nthis section, the appointment of a guardian ad litem, or giving notice to any\nperson. Prior to the making of such a gift, the conservator shall consider\nclauses (i) through (ix) set forth in subsection C and shall also find that the\nincapacitated person has shown a history of giving the same or a similar gift to\na specific donee for the previous three years prior to the appointment of the\nconservator.\n\nF. The conservator may transfer assets of an incapacitated person or an\nincapacitated person’s estate into an irrevocable trust where the transfer\nhas been designated solely for burial of the incapacitated person or spouse of\nthe incapacitated person in accordance with conditions set forth in subdivision\nA 2 of § 32.1-325. The conservator also may contractually bind an\nincapacitated person or an incapacitated person’s estate by executing a\npreneed funeral contract, described in Chapter 28 (§ 54.1-2800 et seq.) of\nTitle 54.1, for the benefit of the incapacitated person.\n\nG. A conservator may exercise the incapacitated person’s power to revoke\nor amend a trust or to withdraw or demand distribution of trust assets only with\nthe approval of the court for good cause shown, unless the trust instrument\nexpressly provides otherwise.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-137.5; 2003, cc. 253, 528; 2005, c. 716, \u00a7\n37.2-1024; 2012, c. 614; 2013, c. 523; 2014, c. 532; 2025, c. 148.","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}}