                                 CODE OF VIRGINIA

APPOINTMENT OF GUARDIAN AD LITEM (§ 64.2-2003)

A. On the filing of every petition for guardianship or conservatorship, the
court shall appoint a guardian ad litem to represent the interests of the
respondent. The guardian ad litem shall be paid a fee that is fixed by the court
to be paid by the petitioner or taxed as costs, as the court directs.

B. Duties of the guardian ad litem include (i) personally visiting the
respondent; (ii) advising the respondent of rights pursuant to &#xA7;&#xA7;
64.2-2006 and 64.2-2007 and certifying to the court that the respondent has been
so advised; (iii) recommending that legal counsel be appointed for the
respondent, pursuant to &#xA7; 64.2-2006, if the guardian ad litem believes that
counsel for the respondent is necessary; (iv) notifying the court as soon as
practicable if the respondent requests counsel regardless of whether the
guardian ad litem recommends counsel; (v) investigating the petition and
evidence, requesting additional evaluation if necessary, considering whether a
less restrictive alternative to guardianship or conservatorship is available,
including the use of an advance directive, supported decision-making agreement,
or durable power of attorney, and filing a report pursuant to subsection C; (vi)
making a good faith effort to consult directly with the respondent&#8217;s
primary health care provider, if any, unless the evaluation report required by
&#xA7; 64.2-2005 is prepared in whole or in part by such provider; and (vii)
personally appearing at all court proceedings and conferences. If the respondent
is between 17 and a half and 21 years of age and has an Individualized Education
Plan (IEP) and transition plan, the guardian ad litem shall review such IEP and
transition plan and include the results of his review in the report required by
clause (v).

C. In the report required by clause (v) of subsection B, the guardian ad litem
shall address the following major areas of concern: (i) whether the court has
jurisdiction; (ii) whether a guardian or conservator is needed based on
evaluations and reviews conducted pursuant to subsection B; (iii) the extent of
the duties and powers of the guardian or conservator; (iv) the propriety and
suitability of the person selected as guardian or conservator after
consideration of (a) the person&#8217;s geographic location, (b) the
person&#8217;s familial or other relationship with the respondent, (c) the
person&#8217;s ability to carry out the powers and duties of the office, (d) the
person&#8217;s commitment to promoting the respondent&#8217;s welfare, (e) any
potential conflicts of interests, (f) whether the person works as a professional
guardian on a full-time basis, (g) the person&#8217;s expected capacity as a
guardian, (h) the wishes of the respondent, (i) the recommendations of
relatives, and (j) whether the person is named as a perpetrator in any
substantiated adult protective services complaint involving the respondent
following allegations of abuse or neglect; (v) a recommendation as to the amount
of surety on the conservator&#8217;s bond, if any; and (vi) consideration of
proper residential placement of the respondent. The report shall also contain an
explanation by the guardian ad litem as to any (a) decision not to recommend the
appointment of counsel for the respondent, (b) determination that a less
restrictive alternative to guardianship or conservatorship is not advisable, and
(c) determination that appointment of a limited guardian or conservator is not
appropriate. If the guardian ad litem was unable to consult directly with the
respondent&#8217;s primary health care provider, such information shall also be
included in such report.

D. Any individual or entity with information, records, or reports relevant to a
guardianship or conservatorship proceeding, including any (i) health care
provider, local school division, or local department of social services; (ii)
criminal justice agency as that term is defined in &#xA7; 9.1-101, unless the
disclosure of such information, records, or reports would impede an ongoing
criminal investigation or proceeding; and (iii) financial institution as that
term is defined in &#xA7; 6.2-100, investment advisor as that term is defined in
&#xA7; 13.1-501, or other financial service provider shall disclose or make
available to the guardian ad litem, upon request, any information, records, and
reports concerning the respondent that the guardian ad litem determines
necessary to perform his duties under this section to the extent allowed under
the Gramm-Leach-Bliley Act (15 U.S.C. &#xA7; 6801 et seq.) and 12 U.S.C. &#xA7;
3403. The request from the guardian ad litem shall be accompanied by a copy of
the court order (a) appointing the guardian ad litem for the respondent and (b)
that allows the release of the respondent&#8217;s nonpublic personal information
to the guardian ad litem. All such information, records, and reports shall be
provided to the guardian ad litem at no charge. Disclosures, records, and
reports can be provided in electronic form to the guardian ad litem and may be
accompanied by a statement of expenses or an invoice, which shall be filed with
the report of the guardian ad litem to be considered by the court when awarding
costs among the parties pursuant to &#xA7; 64.2-2008. Absent gross negligence or
willful misconduct, the person or entity making disclosures, and their staff,
shall be immune from civil or criminal liability for providing information or
records to a court-appointed guardian ad litem pursuant to this section.

HISTORY: 1997, c. 921, § 37.1-134.9; 2004, cc. 66, 1014; 2005, c. 716, §
37.2-1003; 2012, c. 614; 2020, cc. 581, 855; 2021, Sp. Sess. I, c. 232; 2022,
cc. 243, 381; 2023, cc. 176, 260, 261; 2024, c. 588.