                                 CODE OF VIRGINIA

ANNUAL REPORTS BY GUARDIANS (§ 64.2-2020)

A. Within six months from the date of qualification, a guardian appointed
pursuant to &#xA7; 64.2-2009 shall file an initial annual report reflecting the
first four months of guardianship since qualification with the local department
of social services for the jurisdiction where the incapacitated person then
resides. After such initial annual report has been filed, the second and
subsequent annual reports for each succeeding 12-month period shall be due
within four months from the last day of the 12-month period covered by the
previous annual report. The annual report shall be on a form prepared by the
Office of the Executive Secretary of the Supreme Court and shall be accompanied
by a filing fee of $5. To the extent practicable, the annual report shall be
formatted in a manner to encourage standardized and detailed responses from
guardians. The local department shall retain the fee in the jurisdiction where
the fee is collected for use in the provision of services to adults in need of
protection. Within 60 days of receipt of the annual report, the local department
shall file a copy of the annual report with the clerk of the circuit court that
appointed the guardian, to be placed with the court papers pertaining to the
guardianship case. Twice each year the local department shall file with the
clerk of the circuit court a list of all guardians who are more than 90 days
delinquent in filing an annual report as required by this section. If the
guardian is also a conservator, a settlement of accounts shall also be filed
with the commissioner of accounts as provided in &#xA7; 64.2-1305.

B. The annual report to the local department of social services shall include:

   1. A description of the current mental, physical, and social condition of the
   incapacitated person, including any change in diagnosis or assessment of any
   such condition of such incapacitated person by any medical provider since the
   last report;

   2. A description of the incapacitated person&#8217;s living arrangements
   during the reported period, including a specific assessment of the adequacy of
   such living arrangement;

   3. The medical, educational, vocational, social, recreational, and any other
   professional services and activities provided to the incapacitated person and
   the guardian&#8217;s opinion as to the adequacy of the incapacitated
   person&#8217;s care. The information required by this subdivision shall
   include (i) the specific names of the medical providers that have treated the
   incapacitated person and a description of the frequency or number of times the
   incapacitated person was seen by such providers; (ii) the date and location of
   and reason for any hospitalization of such incapacitated person; and (iii) a
   description of the educational, vocational, social, and recreational
   activities in which such incapacitated person participated;

   4. A statement of whether the guardian agrees with the current treatment or
   habilitation plan;

   5. A statement of whether the incapacitated person has been an alleged victim
   in a report of abuse, neglect, or exploitation made pursuant to Article 2
   (&#xA7; 63.2-1603 et seq.) of Chapter 16 of Title 63.2, to the extent known,
   and whether there are any other indications of abuse, neglect, or exploitation
   of such incapacitated person;

   6. A recommendation as to the need for continued guardianship and any
   recommended changes in the scope of the guardianship;

   7. The name of any persons whose access to communicate, visit, or interact
   with the incapacitated person has been restricted and the reasons for such
   restriction;

   8. A self-assessment by the guardian as to whether he feels he is able to
   continue to carry out the powers and duties imposed upon him by &#xA7;
   64.2-2019 and as specified in the court&#8217;s order of appointment pursuant
   to &#xA7; 64.2-2009;

   9. A statement as to whether the guardian and any skilled professional
   retained by such guardian to perform guardianship duties on behalf of the
   guardian have completed the training required by subsection E1 of &#xA7;
   64.2-2019;

   10. Unless the incapacitated person resides with the guardian, a statement of
   the frequency and nature of any (i) in-person visits from the guardian with
   the incapacitated person over the course of the previous year and (ii) visits
   over the course of the previous year from a designee who is directly
   supervised or contracted by the guardian, including the name of the designee
   performing such visit. If any visit described in this section is made
   virtually, the guardian shall include such information in the annual report;

   11. If no visit is made within a 120-day period, the guardian shall describe
   any challenges or limitations in completing such visit;

   12. A general description of the activities taken on by the guardian for the
   benefit of the incapacitated person during the past year;

   13. Any other information deemed necessary by the Office of the Executive
   Secretary of the Supreme Court of Virginia or the Department for Aging and
   Rehabilitative Services to understand the condition, treatment, and well-being
   of the incapacitated person;

   14. Any other information useful in the opinion of the guardian; and

   15. The compensation requested and the reasonable and necessary expenses
   incurred by the guardian.
   				The guardian shall certify by signing under oath that the information
   contained in the annual report is true and correct to the best of his
   knowledge. If a guardian makes a false entry or statement in the annual
   report, he shall be subject to a civil penalty of not more than $600. Such
   penalty shall be collected by the attorney for the Commonwealth or the county
   or city attorney, and the proceeds shall be deposited into the general fund.

C. If the local department of social services files notice that the annual
report has not been timely filed in accordance with subsection A with the clerk
of the circuit court, the court may issue a summons or rule to show cause why
the guardian has failed to file such annual report.

HISTORY: 1997, c. 921, § 37.1-137.2; 1998, c. 582; 2000, c. 198; 2003, c. 527;
2005, c. 716, § 37.2-1021; 2012, c. 614; 2013, c. 133; 2019, c. 443; 2020, cc.
190, 372; 2022, c. 381; 2023, c. 540; 2024, cc. 17, 156, 587; 2025, c. 148.