                                 CODE OF VIRGINIA

FEES AND COSTS (§ 64.2-2008)

A. The petitioner shall pay the filing fee set forth in subdivision A 42 of
&#xA7; 17.1-275 and costs. Service fees and court costs may be waived by the
court if it is alleged under oath that the estate of the respondent is
unavailable or insufficient. If a guardian or conservator is appointed and the
court finds that the petition is brought in good faith and for the benefit of
the respondent, the court shall order that the petitioner be reimbursed from the
estate for all reasonable costs and fees if the estate of the incapacitated
person is available and sufficient to reimburse the petitioner. If a guardian or
conservator is not appointed and the court nonetheless finds that the petition
is brought in good faith and for the benefit of the respondent, the court may
direct the respondent&#8217;s estate, if available and sufficient, to reimburse
the petitioner for all reasonable costs and fees. The court may require the
petitioner to pay or reimburse all or some of the respondent&#8217;s reasonable
costs and fees and any other costs incurred under this chapter if the court
finds that the petitioner initiated a proceeding under this chapter that was in
bad faith or not for the benefit of the respondent.

B. In any proceeding filed pursuant to this article, if the adult subject of the
petition is determined to be indigent, any fees and costs of the proceeding that
are fixed by the court or taxed as costs shall be borne by the Commonwealth.

HISTORY: 1998, c. 76, § 37.1-134.13:1; 2005, c. 716, § 37.2-1008; 2012, c.
614; 2013, c. 523; 2021, Sp. Sess. I, c. 427.