{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2115.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2115.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2115.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2115.html"}],"law_id":57609,"edition_id":1,"section_id":57609,"structure_id":15122,"section_number":"64.2-2115","catch_line":"Accepting guardianship or conservatorship transferred from another state","history":"2011, c. 518, \u00a7 37.2-1047; 2012, c. 614.","full_text":"A\n\nTo confirm transfer of a guardianship or conservatorship transferred to the Commonwealth under provisions similar to § 64.2-2114, the guardian or conservator shall petition the court in the Commonwealth to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state’s provisional order of transfer.B\n\nNotice of a petition under subsection A shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the transferring state and the Commonwealth. The notice shall be given in the same manner as notice is required to be given in the Commonwealth.C\n\nOn the court’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 proceeding, 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 filed under subsection A unless:1\n\nAn objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or2\n\nThe guardian or conservator is ineligible for appointment in the Commonwealth.E\n\nThe court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the Commonwealth upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 64.2-2114 transferring the proceeding to the Commonwealth.\n\t\t\tThe final order accepting transfer of a guardianship or conservatorship shall contain a determination of whether the guardianship or conservatorship needs to be modified to conform to the laws of the Commonwealth.F\n\nIn granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.G\n\nThe denial by a court of the Commonwealth of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in the Commonwealth under Chapter 20 (§ 64.2-2000 et seq.) if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.","order_by":null,"text":{"0":{"id":211082,"text":"To confirm transfer of a guardianship or conservatorship transferred to the Commonwealth under provisions similar to § 64.2-2114, the guardian or conservator shall petition the court in the Commonwealth to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state’s provisional order of transfer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211083,"text":"Notice of a petition under subsection A shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the transferring state and the Commonwealth. The notice shall be given in the same manner as notice is required to be given in the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211084,"text":"On the court’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 proceeding, 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":211085,"text":"The court shall issue an order provisionally granting a petition filed under subsection A unless:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":211086,"text":"An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":211087,"text":"The guardian or conservator is ineligible for appointment in the Commonwealth.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":211088,"text":"The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the Commonwealth upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 64.2-2114 transferring the proceeding to the Commonwealth.\n\t\t\tThe final order accepting transfer of a guardianship or conservatorship shall contain a determination of whether the guardianship or conservatorship needs to be modified to conform to the laws of the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"7":{"id":211089,"text":"In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":211090,"text":"The denial by a court of the Commonwealth of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in the Commonwealth under Chapter 20 (§ 64.2-2000 et seq.) if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"previous_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2115\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 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 614<\/a>.<\/p>","references":[{"id":60149,"section_number":"24.2-410","catch_line":"Clerks of circuit courts to furnish lists of certain adjudications","order_by":null,"url":"\/24.2-410\/"},{"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\/"},{"id":62174,"section_number":"64.2-2029","catch_line":"Application to guardians and conservators appointed pursuant to \u00a7 64.2-2115","order_by":null,"url":"\/64.2-2029\/"},{"id":81003,"section_number":"64.2-2114","catch_line":"Transfer of guardianship or conservatorship to another state","order_by":null,"url":"\/64.2-2114\/"}],"refers_to":[{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":81003,"section_number":"64.2-2114","catch_line":"Transfer of guardianship or conservatorship to another state","order_by":null,"url":"\/64.2-2114\/"}],"permalink":{"id":275701,"object_type":"law","relational_id":57609,"identifier":"64.2-2115","token":"64.2\/IV\/D\/21\/3\/64.2-2115","url":"\/64.2-2115\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2115\/","token":"64.2\/IV\/D\/21\/3\/64.2-2115","dublin_core":{"Title":"Accepting guardianship or conservatorship transferred from another state","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2115","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To confirm transfer of a guardianship or conservatorship transferred to the Commonwealth under provisions similar to § 64.2-2114<\/a>, the guardian<\/span> or conservator<\/span> shall petition<\/span> the court<\/span> in the Commonwealth to accept the guardianship or conservatorship. The petition<\/span> shall include a certified copy of the other state<\/span>’s provisional order<\/span> of transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notice of a petition<\/span> under subsection A shall be given to those persons that would be entitled to notice if the petition<\/span> were a petition<\/span> for the appointment of a guardian<\/span> or issuance of a conservatorship order<\/span> in both the transferring state<\/span> and the Commonwealth. The notice shall be given in the same manner as notice is required to be given in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> On the court<\/span>’s own motion<\/span> or on request of the guardian<\/span> or conservator<\/span>, the incapacitated or protected person<\/span>, or other person required to be notified of the proceeding, the court<\/span> shall hold a hearing<\/span> on a petition<\/span> filed pursuant to subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> shall issue<\/span> an order provisionally granting a petition<\/span> filed under subsection A unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The guardian<\/span> or conservator<\/span> is ineligible for appointment in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> shall issue<\/span> a final order<\/span> accepting the proceeding and appointing the guardian<\/span> or conservator<\/span> as guardian<\/span> or conservator<\/span> in the Commonwealth upon its receipt from the court<\/span> from which the proceeding is being transferred of a final order<\/span> issued under provisions similar to § 64.2-2114<\/a> transferring the proceeding to the Commonwealth.\n\t\t\tThe final order<\/span> accepting transfer of a guardianship or conservatorship shall contain a determination of whether the guardianship or conservatorship needs to be modified to conform to the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In granting a petition<\/span> under this section, the court<\/span> shall recognize a guardianship or conservatorship order<\/span> from the other state<\/span>, including the determination of the incapacitated or protected person<\/span>’s incapacity and the appointment of the guardian<\/span> or conservator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The denial by a court<\/span> of the Commonwealth of a petition<\/span> to accept a guardianship or conservatorship transferred from another state<\/span> does not affect the ability of the guardian<\/span> or conservator<\/span> to seek appointment as guardian<\/span> or conservator<\/span> in the Commonwealth under Chapter 20 (§ 64.2-2000<\/a> et seq.) if the court<\/span> has jurisdiction<\/span> to make an appointment other than by reason of the provisional order of transfer. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCEPTING GUARDIANSHIP OR CONSERVATORSHIP TRANSFERRED FROM ANOTHER STATE (\u00a7\n64.2-2115)\n\nA. To confirm transfer of a guardianship or conservatorship transferred to the\nCommonwealth under provisions similar to § 64.2-2114, the guardian or\nconservator shall petition the court in the Commonwealth to accept the\nguardianship or conservatorship. The petition shall include a certified copy of\nthe other state’s provisional order of transfer.\n\nB. Notice of a petition under subsection A shall be given to those persons that\nwould be entitled to notice if the petition were a petition for the appointment\nof a guardian or issuance of a conservatorship order in both the transferring\nstate and the Commonwealth. The notice shall be given in the same manner as\nnotice is required to be given in the Commonwealth.\n\nC. On the court’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 proceeding, the court shall hold a hearing on a petition filed pursuant\nto subsection A.\n\nD. The court shall issue an order provisionally granting a petition filed under\nsubsection A unless:\n\n 1. An objection is made and the objector establishes that transfer of the\n proceeding would be contrary to the interests of the incapacitated or\n protected person; or\n\n 2. The guardian or conservator is ineligible for appointment in the\n Commonwealth.\n\nE. The court shall issue a final order accepting the proceeding and appointing\nthe guardian or conservator as guardian or conservator in the Commonwealth upon\nits receipt from the court from which the proceeding is being transferred of a\nfinal order issued under provisions similar to § 64.2-2114 transferring the\nproceeding to the Commonwealth.\n\t\t\tThe final order accepting transfer of a guardianship or conservatorship shall\ncontain a determination of whether the guardianship or conservatorship needs to\nbe modified to conform to the laws of the Commonwealth.\n\nF. In granting a petition under this section, the court shall recognize a\nguardianship or conservatorship order from the other state, including the\ndetermination of the incapacitated or protected person’s incapacity and\nthe appointment of the guardian or conservator.\n\nG. The denial by a court of the Commonwealth of a petition to accept a\nguardianship or conservatorship transferred from another state does not affect\nthe ability of the guardian or conservator to seek appointment as guardian or\nconservator in the Commonwealth under Chapter 20 (§ 64.2-2000 et seq.) if\nthe court has jurisdiction to make an appointment other than by reason of the\nprovisional order of transfer.\n\nHISTORY: 2011, c. 518, \u00a7 37.2-1047; 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}}