{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2114.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2114.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2114.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2114.html"}],"law_id":81003,"edition_id":1,"section_id":81003,"structure_id":15122,"section_number":"64.2-2114","catch_line":"Transfer of guardianship or conservatorship to another state","history":"2011, c. 518, \u00a7 37.2-1046; 2012, c. 614.","full_text":"A\n\nA guardian or conservator appointed in the Commonwealth may petition the court to transfer the guardianship or conservatorship to another state.B\n\nNotice of a petition under subsection A shall be given to the persons that would be entitled to notice of a petition in the Commonwealth for the appointment of a guardian or conservator.C\n\nOn the court&#8217;s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection A.D\n\nThe court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:1\n\nThe incapacitated person is physically present in or is reasonably expected to move permanently to the other state;2\n\nAn objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and3\n\nPlans for care and services for the incapacitated person in the other state are reasonable and sufficient.E\n\nThe court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:1\n\nThe protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection B of &#xA7; 64.2-2105;2\n\nAn objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and3\n\nAdequate arrangements will be made for management of the protected person&#8217;s property.F\n\nThe court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:1\n\nA provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to &#xA7; 64.2-2115; and2\n\nThe documents required to terminate a guardianship or conservatorship in the Commonwealth.","order_by":null,"text":{"0":{"id":290355,"text":"A guardian or conservator appointed in the Commonwealth may petition the court to transfer the guardianship or conservatorship to another state.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290356,"text":"Notice of a petition under subsection A shall be given to the persons that would be entitled to notice of a petition in the Commonwealth for the appointment of a guardian or conservator.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":290357,"text":"On the court&#8217;s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":290358,"text":"The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":290359,"text":"The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":290360,"text":"An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":290361,"text":"Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":290362,"text":"The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"E1"},"8":{"id":290363,"text":"The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection B of &#xA7; 64.2-2105;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":290364,"text":"An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"10":{"id":290365,"text":"Adequate arrangements will be made for management of the protected person&#8217;s property.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"11":{"id":290366,"text":"The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"F1"},"12":{"id":290367,"text":"A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to &#xA7; 64.2-2115; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"13":{"id":290368,"text":"The documents required to terminate a guardianship or conservatorship in the Commonwealth.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1"}},"ancestry":[{"id":15122,"edition_id":1,"name":"Transfer of Guardianship or Conservatorship","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":13960,"metadata":{},"date_created":"2026-06-26 03:52:17","date_modified":"2026-06-26 03:52:17","permalink":{"id":275695,"object_type":"structure","relational_id":15122,"identifier":"3","token":"64.2\/IV\/D\/21\/3","url":"\/64.2\/IV\/D\/21\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13960,"edition_id":1,"name":"Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act","identifier":"21","label":"chapter","depth":4,"order_by":1,"parent_id":13266,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":275633,"object_type":"structure","relational_id":13960,"identifier":"21","token":"64.2\/IV\/D\/21","url":"\/64.2\/IV\/D\/21\/","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":81003,"structure_id":15122,"section_number":"64.2-2114","catch_line":"Transfer of guardianship or conservatorship to another state","url":"\/64.2-2114\/","token":"64.2\/IV\/D\/21\/3\/64.2-2114","metadata":false},{"id":57609,"structure_id":15122,"section_number":"64.2-2115","catch_line":"Accepting guardianship or conservatorship transferred from another state","url":"\/64.2-2115\/","token":"64.2\/IV\/D\/21\/3\/64.2-2115","metadata":false}],"next_section":{"id":57609,"structure_id":15122,"section_number":"64.2-2115","catch_line":"Accepting guardianship or conservatorship transferred from another state","url":"\/64.2-2115\/","token":"64.2\/IV\/D\/21\/3\/64.2-2115","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2114\/","history_text":"<p>This law was first created in 2011. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0518\">518<\/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 1 time. 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. That modification is as follows: in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0614\">614<\/a>.<\/p>","references":[{"id":64615,"section_number":"64.2-2101","catch_line":"International application of chapter","order_by":null,"url":"\/64.2-2101\/"},{"id":67419,"section_number":"64.2-2105","catch_line":"Definitions; significant connection factors","order_by":null,"url":"\/64.2-2105\/"},{"id":57609,"section_number":"64.2-2115","catch_line":"Accepting guardianship or conservatorship transferred from another state","order_by":null,"url":"\/64.2-2115\/"}],"refers_to":[{"id":67419,"section_number":"64.2-2105","catch_line":"Definitions; significant connection factors","order_by":null,"url":"\/64.2-2105\/"},{"id":57609,"section_number":"64.2-2115","catch_line":"Accepting guardianship or conservatorship transferred from another state","order_by":null,"url":"\/64.2-2115\/"}],"permalink":{"id":275697,"object_type":"law","relational_id":81003,"identifier":"64.2-2114","token":"64.2\/IV\/D\/21\/3\/64.2-2114","url":"\/64.2-2114\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2114\/","token":"64.2\/IV\/D\/21\/3\/64.2-2114","dublin_core":{"Title":"Transfer of guardianship or conservatorship to another state","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2114","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span> appointed in the Commonwealth may <span class=\"dictionary\">petition<\/span> the <span class=\"dictionary\">court<\/span> to transfer the guardianship or conservatorship to another <span class=\"dictionary\">state<\/span>. <a id=\"paragraph-290355\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notice of a <span class=\"dictionary\">petition<\/span> under subsection A shall be given to the persons that would be entitled to notice of a <span class=\"dictionary\">petition<\/span> in the Commonwealth for the appointment of a <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span>. <a id=\"paragraph-290356\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> On the <span class=\"dictionary\">court<\/span>&#8217;s own <span class=\"dictionary\">motion<\/span> or on request of the <span class=\"dictionary\">guardian<\/span> or <span class=\"dictionary\">conservator<\/span>, the incapacitated or <span class=\"dictionary\">protected person<\/span>, or other person required to be notified of the <span class=\"dictionary\">petition<\/span>, the <span class=\"dictionary\">court<\/span> shall hold a <span class=\"dictionary\">hearing<\/span> on a <span class=\"dictionary\">petition<\/span> filed pursuant to subsection A. <a id=\"paragraph-290357\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> provisionally granting a <span class=\"dictionary\">petition<\/span> to transfer a guardianship and shall direct the <span class=\"dictionary\">guardian<\/span> to <span class=\"dictionary\">petition<\/span> for guardianship in the other <span class=\"dictionary\">state<\/span> if the <span class=\"dictionary\">court<\/span> is satisfied that the guardianship <span class=\"dictionary\">will<\/span> be accepted by the <span class=\"dictionary\">court<\/span> in the other <span class=\"dictionary\">state<\/span> and the <span class=\"dictionary\">court<\/span> finds that: <a id=\"paragraph-290358\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">incapacitated person<\/span> is physically present in or is reasonably expected to move permanently to the other <span class=\"dictionary\">state<\/span>; <a id=\"paragraph-290359\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the <span class=\"dictionary\">incapacitated person<\/span>; and <a id=\"paragraph-290360\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Plans for care and services for the <span class=\"dictionary\">incapacitated person<\/span> in the other <span class=\"dictionary\">state<\/span> are reasonable and sufficient. <a id=\"paragraph-290361\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">issue<\/span> a provisional <span class=\"dictionary\">order<\/span> granting a <span class=\"dictionary\">petition<\/span> to transfer a conservatorship and shall direct the <span class=\"dictionary\">conservator<\/span> to <span class=\"dictionary\">petition<\/span> for conservatorship in the other <span class=\"dictionary\">state<\/span> if the <span class=\"dictionary\">court<\/span> is satisfied that the conservatorship <span class=\"dictionary\">will<\/span> be accepted by the <span class=\"dictionary\">court<\/span> of the other <span class=\"dictionary\">state<\/span> and the <span class=\"dictionary\">court<\/span> finds that: <a id=\"paragraph-290362\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">protected person<\/span> is physically present in or is reasonably expected to move permanently to the other <span class=\"dictionary\">state<\/span>, or the <span class=\"dictionary\">protected person<\/span> has a significant connection to the other <span class=\"dictionary\">state<\/span> considering the factors in subsection B of &#xA7; <a class=\"law\" title=\"Definitions; significant connection factors\" href=\"\/64.2-2105\/\">64.2-2105<\/a>; <a id=\"paragraph-290363\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the <span class=\"dictionary\">protected person<\/span>; and <a id=\"paragraph-290364\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Adequate arrangements <span class=\"dictionary\">will<\/span> be made for management of the <span class=\"dictionary\">protected person<\/span>&#8217;s property. <a id=\"paragraph-290365\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">final order<\/span> confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: <a id=\"paragraph-290366\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A provisional order accepting the proceeding from the <span class=\"dictionary\">court<\/span> to which the proceeding is to be transferred which is issued under provisions similar to &#xA7; <a class=\"law\" title=\"Accepting guardianship or conservatorship transferred from another state\" href=\"\/64.2-2115\/\">64.2-2115<\/a>; and <a id=\"paragraph-290367\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The documents required to terminate a guardianship or conservatorship in the Commonwealth. <a id=\"paragraph-290368\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/64.2-2114\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE (\u00a7 64.2-2114)\n\nA. A guardian or conservator appointed in the Commonwealth may petition the\ncourt to transfer the guardianship or conservatorship to another state.\n\nB. Notice of a petition under subsection A shall be given to the persons that\nwould be entitled to notice of a petition in the Commonwealth for the\nappointment of a guardian or conservator.\n\nC. On the court&#8217;s own motion or on request of the guardian or conservator,\nthe incapacitated or protected person, or other person required to be notified\nof the petition, the court shall hold a hearing on a petition filed pursuant to\nsubsection A.\n\nD. The court shall issue an order provisionally granting a petition to transfer\na guardianship and shall direct the guardian to petition for guardianship in the\nother state if the court is satisfied that the guardianship will be accepted by\nthe court in the other state and the court finds that:\n\n   1. The incapacitated person is physically present in or is reasonably expected\n   to move permanently to the other state;\n\n   2. An objection to the transfer has not been made or, if an objection has been\n   made, the objector has not established that the transfer would be contrary to\n   the interests of the incapacitated person; and\n\n   3. Plans for care and services for the incapacitated person in the other state\n   are reasonable and sufficient.\n\nE. The court shall issue a provisional order granting a petition to transfer a\nconservatorship and shall direct the conservator to petition for conservatorship\nin the other state if the court is satisfied that the conservatorship will be\naccepted by the court of the other state and the court finds that:\n\n   1. The protected person is physically present in or is reasonably expected to\n   move permanently to the other state, or the protected person has a significant\n   connection to the other state considering the factors in subsection B of\n   &#xA7; 64.2-2105;\n\n   2. An objection to the transfer has not been made or, if an objection has been\n   made, the objector has not established that the transfer would be contrary to\n   the interests of the protected person; and\n\n   3. Adequate arrangements will be made for management of the protected\n   person&#8217;s property.\n\nF. The court shall issue a final order confirming the transfer and terminating\nthe guardianship or conservatorship upon its receipt of:\n\n   1. A provisional order accepting the proceeding from the court to which the\n   proceeding is to be transferred which is issued under provisions similar to\n   &#xA7; 64.2-2115; and\n\n   2. The documents required to terminate a guardianship or conservatorship in\n   the Commonwealth.\n\nHISTORY: 2011, c. 518, \u00a7 37.2-1046; 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}}