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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56088</law_id><section_number>51.5-151</section_number><catch_line>Minimum requirements for local programs; authority</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="51.5">Persons With Disabilities</unit><unit label="chapter" level="2" order_by="1" identifier="14">Department for Aging and Rehabilitative Services</unit><unit label="article" level="3" order_by="1" identifier="6">Virginia Public Guardian and Conservator Program</unit></structure><text>
						<section><p>Every local or regional program with which the <span class="dictionary">Department</span> <span class="dictionary">contracts</span> to provide services as a public guardian or conservator shall (i) furnish <span class="dictionary">bond</span> with corporate <span class="dictionary">surety</span> in an amount deemed sufficient by the <span class="dictionary">Department</span> to afford adequate financial protection to the maximum number of incapacitated persons to be served by the program; (ii) have in place a multidisciplinary <span class="dictionary">panel</span> to (a) screen cases for the purpose of ensuring that appointment of a guardian or conservator is appropriate under the circumstances and is the least restrictive alternative available to assist the incapacitated person and (b) continually review cases being handled by the program as required by the <span class="dictionary">Department</span>; (iii) accept only appointments as guardian or conservator that generate no fee or would generate a minimal fee as defined by regulation payable from a public source of funds and not from the estate of the incapacitated person; and (iv) have a direct service staff to <span class="dictionary">client</span> ratio that is consistent with that specified by regulation of the <span class="dictionary">Department</span>. Volunteers shall not be counted for purposes of ascertaining compliance with the staff to <span class="dictionary">client</span> ratio specified by the <span class="dictionary">Department</span>.
		A local or regional program that exceeds the specified staff to <span class="dictionary">client</span> ratio shall not be disqualified from serving as a guardian or conservator except as provided by regulation or if the <span class="dictionary">court</span> or the <span class="dictionary">Department</span> finds that there is an immediate threat to the person or property of any incapacitated person or that exceeding the specified ratio is having or will have a <span class="dictionary">material</span> and adverse effect on the ability of the program to properly serve all of the incapacitated persons it has been designated to serve.
		A local or regional program appointed as a guardian or conservator shall have all the powers and duties specified in Article 2 (&#xA7;&#xA0;<a class="law" title="Duties and powers of guardian" href="/64.2-2019/">64.2-2019</a> et seq.) of Chapter 20 of Title 64.2, except as otherwise specifically limited by the <span class="dictionary">court</span>. In addition, a public guardian or conservator shall have a continuing duty to seek a proper and suitable person who is willing and able to serve as guardian or conservator for the incapacitated person. A public guardian or conservator shall have authority to make arrangements for the funeral and <span class="dictionary">disposition</span> of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the public guardian or conservator is not aware of any person that has been otherwise designated to make such arrangements as set forth in &#xA7;&#xA0;<a class="law" title="Person to make arrangements for funeral and disposition of remains" href="/54.1-2825/">54.1-2825</a>. A public guardian or conservator shall have authority to make arrangements for the funeral and <span class="dictionary">disposition</span> of remains after the death of an incapacitated person if, after the public guardian or conservator has made a good faith effort to locate the next of kin of the incapacitated person to determine if the next of kin wishes to make such arrangements, the next of kin does not wish to make the arrangements or the next of kin cannot be located. Good faith effort shall include contacting the next of kin identified in the <span class="dictionary">petition</span> for appointment of a guardian or conservator. The funeral service licensee, funeral service establishment, registered crematory, cemetery, cemetery operator, public guardian or conservator shall be immune from civil liability for any act, decision, or omission resulting from acceptance of any dead body for burial, cremation, or other <span class="dictionary">disposition</span> when the provisions of this section are met, unless such acts, decisions, or omissions resulted from bad faith or <span class="dictionary">malicious</span> <span class="dictionary">intent</span>.
		A public guardian shall not have authority to approve or authorize a sterilization procedure except when specific authority has been given pursuant to a proceeding in the <span class="dictionary">circuit</span> <span class="dictionary">court</span>. A public guardian may authorize admission of an incapacitated person to a mental health facility as provided in subsection B of &#xA7;&#xA0;<a class="law" title="Admission of incapacitated persons pursuant to advance directives or by guardians" href="/37.2-805.1/">37.2-805.1</a> and may authorize <span class="dictionary">mental health treatment</span>, including the administration of psychotropic medication, unless the appointing <span class="dictionary">court</span> specifically provides otherwise.
		A local or regional program appointed as a guardian or conservator may delegate the powers, duties, and responsibilities to individual volunteers or professional staff as authorized in the <span class="dictionary">contract</span> with the <span class="dictionary">Department</span>.
		In addition to funds received from the <span class="dictionary">Department</span>, a local or regional program may accept private funds solely for the purposes of providing public education, supplemental services for incapacitated persons, and support services for private guardians and conservators, consistent with the purposes of this article.</p></section></text><history>1998, c. 787, &#xA7; 2.1-373.14; 2001, c. 844, &#xA7; 2.2-713; 2006, c. 854; 2010, c. 792; 2012, cc. 463, 803, 835; 2023, c. 476.</history><metadata></metadata></law>
