                                 CODE OF VIRGINIA

HEARING ON PETITION TO APPOINT (§ 64.2-2007)

A. The respondent is entitled to a jury trial upon request, and may compel the
attendance of witnesses, present evidence on his own behalf, and confront and
cross-examine witnesses.

B. The court or the jury, if a jury is requested, shall hear the petition for
the appointment of a guardian or conservator. The hearing may be held at such
convenient place as the court directs, including the place where the respondent
is located. The hearing shall be conducted within 120 days from the filing of
the petition unless the court postpones it for cause. The proposed guardian or
conservator shall attend the hearing except for good cause shown and, where
appropriate, shall provide the court with a recommendation as to living
arrangements and a treatment plan for the respondent. The respondent is entitled
to be present at the hearing and all other stages of the proceedings. The
respondent shall be present if he so requests or if his presence is requested by
the guardian ad litem. Whether or not present, the respondent shall be regarded
as having denied the allegations in the petition.

C. In determining the need for a guardian or a conservator and the powers and
duties of any guardian or conservator, if needed, consideration shall be given
to the following factors: (i) the limitations of the respondent; (ii) the
development of the respondent&#8217;s maximum self-reliance and independence;
(iii) the availability of less restrictive alternatives, including advance
directives, supported decision-making agreements, and durable powers of
attorney; (iv) the extent to which it is necessary to protect the respondent
from neglect, exploitation, or abuse; (v) the actions needed to be taken by the
guardian or conservator; (vi) the suitability of the proposed guardian or
conservator; and (vii) the best interests of the respondent.

D. If, after considering the evidence presented at the hearing, the court or
jury determines on the basis of clear and convincing evidence that the
respondent is incapacitated and in need of a guardian or conservator, the court
shall appoint a suitable person, who may be the spouse of the respondent, to be
the guardian or the conservator or both, giving due deference to the wishes of
the respondent. If a guardian or conservator is appointed, the court shall
inform him of his duties and powers pursuant to Article 2 (&#xA7; 64.2-2019 et
seq.) and shall further inform the guardian or conservator that, to the extent
feasible, the respondent should be encouraged to participate in decisions, act
on his own behalf, and develop or maintain the capacity to manage his personal
affairs if he retains any decision-making rights. Except for good cause shown,
including a determination by the court that there is no acceptable alternative
available to serve, the court shall not appoint as guardian or conservator for
the respondent an attorney who has been engaged by the petitioner to represent
the petitioner within three calendar years of the appointment. Such prohibition
also applies to all other attorneys and employees of the law firm with which
such attorney is associated. The court shall require the proposed guardian or
conservator to certify at the time of appointment that he has disclosed to the
court any such representation of the petitioner or association with a law firm
that represented the petitioner within the three calendar years preceding the
appointment. Compensation paid by a petitioner to an attorney or law firm for
serving as a guardian or conservator shall not constitute representation of the
petitioner by such attorney or law firm. In the case of a petitioner that is a
medical care facility as defined in &#xA7; 32.1-3, the court may, for good cause
shown, order that the reasonable costs for the guardian or conservator be paid
by the petitioner during the time the respondent is under the care of such
medical care facility.
			The court in its order shall make specific findings of fact and conclusions
of law in support of each provision of any orders entered. The order of
appointment shall be made in a form that complies with the requirements set out
in &#xA7; 64.2-2009.

HISTORY: 1997, c. 921, § 37.1-134.13; 2005, c. 716, § 37.2-1007; 2009, c. 433;
2012, c. 614; 2013, c. 523; 2020, cc. 649, 855; 2021, Sp. Sess. I, c. 232.