Virginia Decodedhttps://vacode.org6662664.2-2024Fiduciary to take possession of incapacitated person’s estate; suits relative to estate; retaining estate for fiduciary’s own debt2025Wills, Trusts, and FiduciariesFiduciaries and GuardiansGuardianship of Incapacitated PersonsGuardianship and ConservatorshipPowers, Duties, and Liabilities

Subject to any conditions or limitations set forth in the order appointing him, the fiduciary shall take possession of the incapacitated person’s estate and may sue and be sued in respect to all claims or demands of every nature in favor of or against the incapacitated person and the incapacitated person’s estate. The fiduciary shall have the same right of retaining for his own debt as an administrator would have.

Code 1950, § 37-147; 1968, c. 477, § 37.1-139; 1980, c. 582; 2005, c. 716, § 37.2-1025; 2012, c. 614.