                                 CODE OF VIRGINIA

WHO MAY FILE PETITION; CONTENTS (§ 64.2-2002)

A. Any person, including a community services board and any other local or state
governmental agency, may file a petition for the appointment of a guardian, a
conservator, or both.

B. A petition for the appointment of a guardian, a conservator, or both, shall
state the petitioner&#8217;s name, place of residence, post office address, and
relationship, if any, to the respondent and, to the extent known as of the date
of filing, shall include the following:

   1. The respondent&#8217;s name, date of birth, place of residence or location,
   post office address, and the sealed filing of the social security number;

   2. The basis for the court&#8217;s jurisdiction under the provisions of
   Article 2 (&#xA7; 64.2-2105 et seq.) of Chapter 21;

   3. The names and post office addresses of the respondent&#8217;s spouse, adult
   children, parents, and adult siblings or, if no such relatives are known to
   the petitioner, at least three other known relatives of the respondent,
   including stepchildren. If a total of three such persons cannot be identified
   and located, the petitioner shall certify that fact in the petition, and the
   court shall set forth such finding in the final order;

   4. The name, place of residence or location, and post office address of the
   individual or facility, if any, that is responsible for or has assumed
   responsibility for the respondent&#8217;s care or custody;

   5. a. The name, place of residence or location, and post office address of any
   agent designated under a durable power of attorney or an advance directive of
   which the respondent is the principal, and any guardian, committee, or
   conservator currently acting, whether in this state or elsewhere, and the
   petitioner shall attach a copy of any such durable power of attorney, advance
   directive, or order appointing the guardian, committee, or conservator, if
   available;
   				b. The name, location, and post office address of the respondent&#8217;s
   primary health care provider, if any;

   6. The type of guardianship or conservatorship requested and a brief
   description of the nature and extent of the respondent&#8217;s alleged
   incapacity;

   7. When the petition requests appointment of a guardian, a brief description
   of the services currently being provided for the respondent&#8217;s health,
   care, safety, or rehabilitation and, where appropriate, a recommendation as to
   living arrangements and treatment plan;

   8. If the appointment of a limited guardian is requested, the specific areas
   of protection and assistance to be included in the order of appointment and,
   if the appointment of a limited conservator is requested, the specific areas
   of management and assistance to be included in the order of appointment;

   9. The name and post office address of any proposed guardian or conservator or
   any guardian or conservator nominated by the respondent and that
   person&#8217;s relationship to the respondent;

   10. The native language of the respondent and any necessary alternative mode
   of communication;

   11. A statement of the financial resources of the respondent that shall, to
   the extent known, list the approximate value of the respondent&#8217;s
   property and the respondent&#8217;s anticipated annual gross income, other
   receipts, and debts, contained in a separate confidential addendum, pursuant
   to &#xA7; 64.2-2000.1;

   12. A statement of whether the petitioner believes that the respondent&#8217;s
   attendance at the hearing would be detrimental to the respondent&#8217;s
   health, care, or safety; and

   13. A request for appointment of a guardian ad litem.

C. The petitioner shall complete and file with the petition for appointment of a
guardian, a conservator, or both, a cover sheet on a form prepared by the Office
of the Executive Secretary of the Supreme Court of Virginia. Such cover sheet
shall contain such information as the Executive Secretary deems necessary.

HISTORY: 1997, c. 921, § 37.1-134.8; 2005, c. 716, § 37.2-1002; 2006, c. 471;
2012, c. 614; 2013, c. 523; 2022, c. 630; 2023, cc. 16, 176; 2024, cc. 17, 156.