{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-9.html"}],"law_id":60741,"edition_id":1,"section_id":60741,"structure_id":14706,"section_number":"8.01-9","catch_line":"Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability","history":"Code 1950, \u00a7\u00a7 8-88, 8-88.1; 1972, c. 720; 1977, c. 617; 1996, c. 887; 1999, cc. 945, 955, 987; 2001, c. 127; 2003, c. 563; 2021, Sp. Sess. I, c. 463.","full_text":"A\n\nA suit wherein a person under a disability is a party defendant shall not be stayed because of such disability, but the court in which the suit is pending, or the clerk thereof, shall appoint a discreet and competent attorney-at-law as guardian ad litem to such defendant, whether the defendant has been served with process or not. If no such attorney is found willing to act, the court shall appoint some other discreet and proper person as guardian ad litem. Any guardian ad litem so appointed shall not be liable for costs. Every guardian ad litem shall faithfully represent the estate or other interest of the person under a disability for whom he is appointed, and it shall be the duty of the court to see that the interest of the defendant is so represented and protected. Whenever the court is of the opinion that the interest of the defendant so requires, it shall remove any guardian ad litem and appoint another in his stead. When, in any case, the court is satisfied that the guardian ad litem has rendered substantial service in representing the interest of the person under a disability, it may allow the guardian reasonable compensation therefor, and his actual expenses, if any, to be paid out of the estate of the defendant. However, if the defendant’s estate is inadequate for the purpose of paying compensation and expenses, all, or any part thereof, may be taxed as costs in the proceeding. In a civil action against an incarcerated felon for damages arising out of a criminal act, the compensation and expenses of the guardian ad litem shall be paid by the Commonwealth out of the state treasury from the appropriation for criminal charges. If judgment is against the incarcerated felon, the amount allowed by the court to the guardian ad litem shall be taxed against the incarcerated felon as part of the costs of the proceeding, and if collected, the same shall be paid to the Commonwealth. By order of the court, in a civil action for divorce from an incarcerated felon, the compensation and expenses of the guardian ad litem shall be paid by the Commonwealth out of the state treasury from the appropriation for criminal charges if the crime (i) for which the felon is incarcerated occurred after the date of the marriage for which the divorce is sought, (ii) for which the felon is incarcerated was committed against the felon’s spouse, child, or stepchild and involved physical injury, sexual assault, or sexual abuse, and (iii) resulted in incarceration subsequent to conviction and the felon was sentenced to confinement for more than one year. The amount allowed by the court to the guardian ad litem shall be taxed against the incarcerated felon as part of the costs of the proceeding, and if collected, the same shall be paid to the Commonwealth.B\n\nNotwithstanding the provisions of subsection A or the provisions of any other law to the contrary, in any suit wherein a person under a disability is a party and is represented by an attorney-at-law duly licensed to practice in this Commonwealth, who shall have entered of record an appearance for such person, no guardian ad litem need be appointed for such person unless the court determines that the interests of justice require such appointment; or unless a statute applicable to such suit expressly requires that the person under a disability be represented by a guardian ad litem. The court may, in its discretion, appoint the attorney of record for the person under a disability as his guardian ad litem, in which event the attorney shall perform all the duties and functions of guardian ad litem.\n\t\t\tAny judgment or decree rendered by any court against a person under a disability without a guardian ad litem, but in compliance with the provisions of this subsection, shall be as valid as if the guardian ad litem had been appointed.","order_by":null,"text":{"0":{"id":222065,"text":"A suit wherein a person under a disability is a party defendant shall not be stayed because of such disability, but the court in which the suit is pending, or the clerk thereof, shall appoint a discreet and competent attorney-at-law as guardian ad litem to such defendant, whether the defendant has been served with process or not. If no such attorney is found willing to act, the court shall appoint some other discreet and proper person as guardian ad litem. Any guardian ad litem so appointed shall not be liable for costs. Every guardian ad litem shall faithfully represent the estate or other interest of the person under a disability for whom he is appointed, and it shall be the duty of the court to see that the interest of the defendant is so represented and protected. Whenever the court is of the opinion that the interest of the defendant so requires, it shall remove any guardian ad litem and appoint another in his stead. When, in any case, the court is satisfied that the guardian ad litem has rendered substantial service in representing the interest of the person under a disability, it may allow the guardian reasonable compensation therefor, and his actual expenses, if any, to be paid out of the estate of the defendant. However, if the defendant’s estate is inadequate for the purpose of paying compensation and expenses, all, or any part thereof, may be taxed as costs in the proceeding. In a civil action against an incarcerated felon for damages arising out of a criminal act, the compensation and expenses of the guardian ad litem shall be paid by the Commonwealth out of the state treasury from the appropriation for criminal charges. If judgment is against the incarcerated felon, the amount allowed by the court to the guardian ad litem shall be taxed against the incarcerated felon as part of the costs of the proceeding, and if collected, the same shall be paid to the Commonwealth. By order of the court, in a civil action for divorce from an incarcerated felon, the compensation and expenses of the guardian ad litem shall be paid by the Commonwealth out of the state treasury from the appropriation for criminal charges if the crime (i) for which the felon is incarcerated occurred after the date of the marriage for which the divorce is sought, (ii) for which the felon is incarcerated was committed against the felon’s spouse, child, or stepchild and involved physical injury, sexual assault, or sexual abuse, and (iii) resulted in incarceration subsequent to conviction and the felon was sentenced to confinement for more than one year. The amount allowed by the court to the guardian ad litem shall be taxed against the incarcerated felon as part of the costs of the proceeding, and if collected, the same shall be paid to the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222066,"text":"Notwithstanding the provisions of subsection A or the provisions of any other law to the contrary, in any suit wherein a person under a disability is a party and is represented by an attorney-at-law duly licensed to practice in this Commonwealth, who shall have entered of record an appearance for such person, no guardian ad litem need be appointed for such person unless the court determines that the interests of justice require such appointment; or unless a statute applicable to such suit expressly requires that the person under a disability be represented by a guardian ad litem. The court may, in its discretion, appoint the attorney of record for the person under a disability as his guardian ad litem, in which event the attorney shall perform all the duties and functions of guardian ad litem.\n\t\t\tAny judgment or decree rendered by any court against a person under a disability without a guardian ad litem, but in compliance with the provisions of this subsection, shall be as valid as if the guardian ad litem had been appointed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14706,"edition_id":1,"name":"Special Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13793,"metadata":{},"date_created":"2026-06-26 03:49:26","date_modified":"2026-06-26 03:49:26","permalink":{"id":278479,"object_type":"structure","relational_id":14706,"identifier":"2","token":"8.01\/2\/2","url":"\/8.01\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13793,"edition_id":1,"name":"Parties","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":278451,"object_type":"structure","relational_id":13793,"identifier":"2","token":"8.01\/2","url":"\/8.01\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56357,"structure_id":14706,"section_number":"8.01-10","catch_line":"Joinder of tenants in common","url":"\/8.01-10\/","token":"8.01\/2\/2\/8.01-10","metadata":false},{"id":65227,"structure_id":14706,"section_number":"8.01-11","catch_line":"Proceedings on writing binding deceased person","url":"\/8.01-11\/","token":"8.01\/2\/2\/8.01-11","metadata":false},{"id":76614,"structure_id":14706,"section_number":"8.01-12","catch_line":"Suit by beneficial owner when legal title in another","url":"\/8.01-12\/","token":"8.01\/2\/2\/8.01-12","metadata":false},{"id":57842,"structure_id":14706,"section_number":"8.01-13","catch_line":"Assignee or beneficial owner may sue in own name; certain discounts allowed","url":"\/8.01-13\/","token":"8.01\/2\/2\/8.01-13","metadata":false},{"id":63683,"structure_id":14706,"section_number":"8.01-14","catch_line":"Suit against assignor","url":"\/8.01-14\/","token":"8.01\/2\/2\/8.01-14","metadata":false},{"id":83064,"structure_id":14706,"section_number":"8.01-15","catch_line":"Suits by and against unincorporated associations or orders","url":"\/8.01-15\/","token":"8.01\/2\/2\/8.01-15","metadata":false},{"id":66414,"structure_id":14706,"section_number":"8.01-15.1","catch_line":"Anonymous plaintiff; motion for identification; factors to be considered by court","url":"\/8.01-15.1\/","token":"8.01\/2\/2\/8.01-15.1","metadata":false},{"id":82753,"structure_id":14706,"section_number":"8.01-15.2","catch_line":"Servicemembers Civil Relief Act; default judgment; appointment of counsel","url":"\/8.01-15.2\/","token":"8.01\/2\/2\/8.01-15.2","metadata":false},{"id":76726,"structure_id":14706,"section_number":"8.01-8","catch_line":"How minors may sue","url":"\/8.01-8\/","token":"8.01\/2\/2\/8.01-8","metadata":false},{"id":60741,"structure_id":14706,"section_number":"8.01-9","catch_line":"Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability","url":"\/8.01-9\/","token":"8.01\/2\/2\/8.01-9","metadata":false}],"previous_section":{"id":76726,"structure_id":14706,"section_number":"8.01-8","catch_line":"How minors may sue","url":"\/8.01-8\/","token":"8.01\/2\/2\/8.01-8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-9\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 1972, chapter 720; in 1977, chapter 617; in 1996, chapter 887<\/a>; in 1999, chapters 945<\/a>, 955<\/a>, and 987<\/a>; in 2001, chapter 127<\/a>; in 2003, chapter 563<\/a>.<\/p>","references":[{"id":79519,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; evidence by affidavit","order_by":null,"url":"\/20-106\/"},{"id":60564,"section_number":"20-49.2","catch_line":"Commencement of action; parties; jurisdiction","order_by":null,"url":"\/20-49.2\/"},{"id":83066,"section_number":"20-49.6","catch_line":"Proceedings to establish paternity or enforce support obligations of males between the ages of fourteen and eighteen","order_by":null,"url":"\/20-49.6\/"},{"id":86894,"section_number":"25.1-215","catch_line":"No notice required where owner is a person under a disability; appointment of guardian ad litem","order_by":null,"url":"\/25.1-215\/"},{"id":73979,"section_number":"53.1-223","catch_line":"Restriction on suits against prisoners","order_by":null,"url":"\/53.1-223\/"},{"id":84916,"section_number":"8.01-297","catch_line":"Process on convict defendant","order_by":null,"url":"\/8.01-297\/"}],"refers_to":false,"permalink":{"id":278517,"object_type":"law","relational_id":60741,"identifier":"8.01-9","token":"8.01\/2\/2\/8.01-9","url":"\/8.01-9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-9\/","token":"8.01\/2\/2\/8.01-9","dublin_core":{"Title":"Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A suit<\/span> wherein a person<\/span> under a disability is a party<\/span> defendant<\/span> shall not be stayed because of such disability, but the court<\/span> in which the suit<\/span> is pending, or the clerk thereof, shall appoint a discreet and competent attorney-at-law<\/span> as guardian ad litem<\/span> to such defendant<\/span>, whether the defendant<\/span> has been served with process or not. If no such attorney is found willing to act, the court<\/span> shall appoint some other discreet and proper person<\/span> as guardian ad litem<\/span>. Any guardian ad litem<\/span> so appointed shall not be liable for costs. Every guardian ad litem<\/span> shall faithfully represent the estate or other interest of the person<\/span> under a disability for whom he is appointed, and it shall be the duty of the court<\/span> to see that the interest of the defendant<\/span> is so represented and protected. Whenever the court<\/span> is of the opinion<\/span> that the interest of the defendant<\/span> so requires, it shall remove any guardian ad litem<\/span> and appoint another in his stead. When, in any case, the court<\/span> is satisfied that the guardian ad litem<\/span> has rendered substantial service in representing the interest of the person<\/span> under a disability, it may allow the guardian reasonable compensation therefor, and his actual expenses, if any, to be paid out of the estate of the defendant<\/span>. However, if the defendant<\/span>’s estate is inadequate for the purpose of paying compensation and expenses, all, or any part thereof, may be taxed as costs in the proceeding. In a civil action<\/span> against an incarcerated felon for damages<\/span> arising out of a criminal act, the compensation and expenses of the guardian ad litem<\/span> shall be paid by the Commonwealth out of the state treasury from the appropriation for criminal charges. If judgment<\/span> is against the incarcerated felon, the amount allowed by the court<\/span> to the guardian ad litem<\/span> shall be taxed against the incarcerated felon as part of the costs of the proceeding, and if collected, the same shall be paid to the Commonwealth. By order<\/span> of the court<\/span>, in a civil action<\/span> for divorce from an incarcerated felon, the compensation and expenses of the guardian ad litem<\/span> shall be paid by the Commonwealth out of the state treasury from the appropriation for criminal charges if the crime<\/span> (i) for which the felon is incarcerated occurred after the date of the marriage for which the divorce is sought, (ii) for which the felon is incarcerated was committed against the felon’s spouse, child, or stepchild and involved physical injury, sexual assault<\/span>, or sexual abuse, and (iii) resulted in incarceration subsequent to conviction<\/span> and the felon was sentenced to confinement for more than one year. The amount allowed by the court<\/span> to the guardian ad litem<\/span> shall be taxed against the incarcerated felon as part of the costs of the proceeding, and if collected, the same shall be paid to the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A or the provisions of any other law<\/span> to the contrary, in any suit<\/span> wherein a person<\/span> under a disability is a party<\/span> and is represented by an attorney-at-law<\/span> duly licensed to practice in this Commonwealth, who shall have entered of record an appearance<\/span> for such person<\/span>, no guardian ad litem<\/span> need be appointed for such person<\/span> unless the court<\/span> determines that the interests of justice require such appointment; or unless a statute<\/span> applicable to such suit<\/span> expressly requires that the person<\/span> under a disability be represented by a guardian ad litem<\/span>. The court<\/span> may, in its discretion, appoint the attorney of record for the person<\/span> under a disability as his guardian ad litem<\/span>, in which event the attorney shall perform all the duties and functions of guardian ad litem<\/span>.\n\t\t\tAny judgment<\/span> or decree<\/span> rendered by any court<\/span> against a person<\/span> under a disability without a guardian ad litem<\/span>, but in compliance with the provisions of this subsection, shall be as valid as if the guardian ad litem<\/span> had been appointed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGUARDIAN AD LITEM FOR PERSONS UNDER DISABILITY; WHEN GUARDIAN AD LITEM NEED NOT\nBE APPOINTED FOR PERSON UNDER DISABILITY (\u00a7 8.01-9)\n\nA. A suit wherein a person under a disability is a party defendant shall not be\nstayed because of such disability, but the court in which the suit is pending,\nor the clerk thereof, shall appoint a discreet and competent attorney-at-law as\nguardian ad litem to such defendant, whether the defendant has been served with\nprocess or not. If no such attorney is found willing to act, the court shall\nappoint some other discreet and proper person as guardian ad litem. Any guardian\nad litem so appointed shall not be liable for costs. Every guardian ad litem\nshall faithfully represent the estate or other interest of the person under a\ndisability for whom he is appointed, and it shall be the duty of the court to\nsee that the interest of the defendant is so represented and protected. Whenever\nthe court is of the opinion that the interest of the defendant so requires, it\nshall remove any guardian ad litem and appoint another in his stead. When, in\nany case, the court is satisfied that the guardian ad litem has rendered\nsubstantial service in representing the interest of the person under a\ndisability, it may allow the guardian reasonable compensation therefor, and his\nactual expenses, if any, to be paid out of the estate of the defendant. However,\nif the defendant’s estate is inadequate for the purpose of paying\ncompensation and expenses, all, or any part thereof, may be taxed as costs in\nthe proceeding. In a civil action against an incarcerated felon for damages\narising out of a criminal act, the compensation and expenses of the guardian ad\nlitem shall be paid by the Commonwealth out of the state treasury from the\nappropriation for criminal charges. If judgment is against the incarcerated\nfelon, the amount allowed by the court to the guardian ad litem shall be taxed\nagainst the incarcerated felon as part of the costs of the proceeding, and if\ncollected, the same shall be paid to the Commonwealth. By order of the court, in\na civil action for divorce from an incarcerated felon, the compensation and\nexpenses of the guardian ad litem shall be paid by the Commonwealth out of the\nstate treasury from the appropriation for criminal charges if the crime (i) for\nwhich the felon is incarcerated occurred after the date of the marriage for\nwhich the divorce is sought, (ii) for which the felon is incarcerated was\ncommitted against the felon’s spouse, child, or stepchild and involved\nphysical injury, sexual assault, or sexual abuse, and (iii) resulted in\nincarceration subsequent to conviction and the felon was sentenced to\nconfinement for more than one year. The amount allowed by the court to the\nguardian ad litem shall be taxed against the incarcerated felon as part of the\ncosts of the proceeding, and if collected, the same shall be paid to the\nCommonwealth.\n\nB. Notwithstanding the provisions of subsection A or the provisions of any other\nlaw to the contrary, in any suit wherein a person under a disability is a party\nand is represented by an attorney-at-law duly licensed to practice in this\nCommonwealth, who shall have entered of record an appearance for such person, no\nguardian ad litem need be appointed for such person unless the court determines\nthat the interests of justice require such appointment; or unless a statute\napplicable to such suit expressly requires that the person under a disability be\nrepresented by a guardian ad litem. The court may, in its discretion, appoint\nthe attorney of record for the person under a disability as his guardian ad\nlitem, in which event the attorney shall perform all the duties and functions of\nguardian ad litem.\n\t\t\tAny judgment or decree rendered by any court against a person under a\ndisability without a guardian ad litem, but in compliance with the provisions of\nthis subsection, shall be as valid as if the guardian ad litem had been\nappointed.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-88, 8-88.1; 1972, c. 720; 1977, c. 617; 1996, c. 887;\n1999, cc. 945, 955, 987; 2001, c. 127; 2003, c. 563; 2021, Sp. Sess. I, c. 463.","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}}