                                 CODE OF VIRGINIA

NOTICE OF HEARING; JURISDICTIONAL (§ 64.2-2004)

A. Upon the filing of the petition, the court shall promptly set a date, time,
and location for a hearing. The respondent shall be given reasonable notice of
the hearing. The respondent may not waive notice, and a failure to properly
notify the respondent shall be jurisdictional.

B. A respondent, whether or not he resides in the Commonwealth, shall be
personally served with the notice of the hearing, a copy of the petition, and a
copy of the order appointing a guardian ad litem pursuant to &#xA7; 64.2-2003. A
certification, in the guardian ad litem&#8217;s report required by subsection B
of &#xA7; 64.2-2003, that the guardian ad litem personally served the respondent
with the notice, a copy of the petition, and a copy of the order appointing a
guardian ad litem shall constitute valid personal service for purposes of this
section.

C. A copy of the notice, together with a copy of the petition, shall be mailed
by first-class mail by the petitioner at least 10 days before the hearing to all
adult individuals and to all entities whose names and post office addresses
appear in the petition. The court, for good cause shown, may waive the advance
notice required by this subsection. If the advance notice is waived, the
petitioner shall promptly mail by first-class mail a copy of the petition and
any order entered to those individuals and entities.

D. Any adult individual or entity whose name and post office addresses appear in
the petition may become a party to the proceeding by filing a pleading in
accordance with Rule 1:4 of the Rules of the Supreme Court of Virginia. Such
individual or entity shall mail his pleadings via first-class mail to the
petitioner, any counsel of record, the guardian ad litem, and all other adult
individuals and entities whose names and post office addresses appear in the
petition. Such pleading may also be sent via electronic mail or facsimile to all
counsel of record and the guardian ad litem, as well as those other adult
individuals and entities whose email addresses or facsimile numbers are known to
the person filing the pleading. If a cross-petition is filed, the petitioner
shall file a response to such cross-petition.

E. The notice shall include a brief statement in at least 14-point type of the
purpose of the proceedings and shall inform the respondent of the right to be
represented by counsel pursuant to &#xA7; 64.2-2006 and to a hearing pursuant to
&#xA7; 64.2-2007. Additionally, the notice shall include the following statement
in conspicuous, bold print.
			WARNING TO THE RESPONDENT
			AT THE HEARING YOU MAY LOSE MANY OF YOUR RIGHTS. A GUARDIAN MAY BE APPOINTED
TO MAKE PERSONAL DECISIONS FOR YOU. A CONSERVATOR MAY BE APPOINTED TO MAKE
DECISIONS CONCERNING YOUR PROPERTY AND FINANCES. THE APPOINTMENT MAY AFFECT
CONTROL OF HOW YOU SPEND YOUR MONEY, HOW YOUR PROPERTY IS MANAGED AND
CONTROLLED, WHO MAKES YOUR MEDICAL DECISIONS, WHERE YOU LIVE, WHETHER YOU ARE
ALLOWED TO VOTE, AND OTHER IMPORTANT RIGHTS.
			NOTIFICATION TO OTHERS
			ANY ADULT INDIVIDUAL OR ENTITY WHOSE NAME AND POST OFFICE ADDRESSES APPEAR IN
THE PETITION FOR APPOINTMENT MAY BECOME A PARTY TO THIS ACTION BY FILING A
PLEADING WITH THE CIRCUIT COURT IN WHICH THIS CASE IS PENDING. THAT PLEADING
MUST BE MAILED TO THE PETITIONER, ANY COUNSEL OF RECORD, THE GUARDIAN AD LITEM,
AND ALL OTHER ADULT INDIVIDUALS AND ENTITIES WHOSE NAMES AND POST OFFICE
ADDRESSES APPEAR IN THE PETITION. IN ADDITION, SUCH PLEADING MAY BE SENT BY
EMAIL OR FAX TO ANY SUCH OTHER ADULT INDIVIDUAL OR ENTITY FOR WHOM SUCH EMAIL
ADDRESS OR FAX NUMBER IS KNOWN.

F. The petitioner shall file with the clerk of the circuit court a statement of
compliance with subsections B, C, and E. Certification of personal service made
by the guardian ad litem as required by subsection B may satisfy this
requirement as to compliance with subsection B.

HISTORY: 1997, c. 921, § 37.1-134.10; 2001, c. 30; 2005, c. 716, § 37.2-1004;
2012, c. 614; 2022, cc. 278, 381.