Virginia Decodedhttps://vacode.org5602164.2-2025Fiduciary to prosecute and defend actions involving incapacitated person2025Wills, 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 the fiduciary, the fiduciary shall prosecute or defend all actions or suits to which the incapacitated person is a party at the time of qualification of the fiduciary and all such actions or suits subsequently instituted after 10 days’ notice of the pendency of the action or suit. Such notice shall be given by the clerk of the court in which the action or suit is pending.

Code 1950, § 37-149; 1968, c. 477, § 37.1-141; 1976, c. 671; 1980, c. 582; 2005, c. 716, § 37.2-1026; 2012, c. 614.