                                 CODE OF VIRGINIA

COURT ORDER OF APPOINTMENT; LIMITED GUARDIANSHIPS AND CONSERVATORSHIPS (§
64.2-2009)

A. The court&#8217;s order appointing a guardian or conservator shall (i) state
the nature and extent of the person&#8217;s incapacity; (ii) define the powers
and duties of the guardian or conservator so as to permit the incapacitated
person to care for himself and manage property to the extent he is capable;
(iii) specify whether the appointment of a guardian or conservator is limited to
a specified length of time, as the court in its discretion may determine; (iv)
specify the legal disabilities, if any, of the person in connection with the
finding of incapacity, including but not limited to mental competency for
purposes of Article II, &#xA7; 1 of the Constitution of Virginia or Title 24.2;
(v) include any limitations deemed appropriate following consideration of the
factors specified in &#xA7; 64.2-2007; (vi) set the bond of the guardian and the
bond and surety, if any, of the conservator; and (vii) where a petition is
brought prior to the incapacitated person&#8217;s eighteenth birthday, pursuant
to subsection C of &#xA7; 64.2-2001, whether the order shall take effect
immediately upon entry or on the incapacitated person&#8217;s eighteenth
birthday.

A1. Beginning July 1, 2023, the court shall set a schedule in the order of
appointment for periodic review hearings, to be held no later than one year
after the initial appointment and no later than every three years thereafter,
unless the court orders that such hearings are to be waived because they are
unnecessary or impracticable or that such hearings shall be held on such other
schedule as the court shall determine. Any such determination to waive the
hearing or use a schedule differing from that prescribed in this subsection
shall be supported in the order and address the reason for such determination,
including (i) the likelihood that the respondent&#8217;s condition will improve
or the respondent will regain capacity, (ii) whether concerns or questions were
raised about the suitability of the person appointed as a guardian or
conservator at the time of the initial appointment, and (iii) whether the
appointment of a guardian or conservator or the appointment of the specifically
appointed guardian or conservator was contested by the respondent or another
party.
			The court shall not waive the initial periodic review hearing scheduled
pursuant to this subsection where the petitioner for guardianship or
conservatorship is a hospital, convalescent home, or certified nursing facility
licensed by the Department of Health pursuant to &#xA7; 32.1-123; an assisted
living facility, as defined in &#xA7; 63.2-100, or any other similar
institution; or a health care provider other than a family member. If the
petitioner is a hospital, convalescent home, or certified nursing facility
licensed by the Department of Health pursuant to &#xA7; 32.1-123 or an assisted
living facility as defined in &#xA7; 63.2-100, nothing in this chapter shall
require such petitioner to attend any periodic review hearing.
			Any person may file a petition, which may be on a form developed by the
Office of the Executive Secretary of the Supreme Court of Virginia, to hold a
periodic review hearing prior to the scheduled date set forth in the order of
appointment. The court shall hold an earlier hearing upon good cause shown. At
such a hearing, the court shall review the schedule set forth in the order of
appointment and determine whether future periodic review hearings are necessary
or may be waived.

A2. If the court has ordered a hearing pursuant to subsection A1, the court
shall appoint a guardian ad litem, who shall conduct an investigation in
accordance with the stated purpose of the hearing and file a report. The
incapacitated person has a right to be represented by counsel, and the
provisions of &#xA7; 64.2-2006 shall apply, mutatis mutandis. The guardian ad
litem shall provide notice of the hearing to the incapacitated person and to all
individuals entitled to notice as identified in the court order of appointment.
Fees and costs shall be paid in accordance with the provisions of &#xA7;&#xA7;
64.2-2003 and 64.2-2008. The court shall enter an order reflecting any findings
made during the review hearing and any modification to the guardianship or
conservatorship.

B. The court may appoint a limited guardian for an incapacitated person who is
capable of addressing some of the essential requirements for his care for the
limited purpose of medical decision making, decisions about place of residency,
or other specific decisions regarding his personal affairs. The court may
appoint a limited conservator for an incapacitated person who is capable of
managing some of his property and financial affairs for limited purposes that
are specified in the order.

C. Unless the guardian has a professional relationship with the incapacitated
person or is employed by or affiliated with a facility where the person resides,
the court&#8217;s order may authorize the guardian to consent to the admission
of the person to a facility pursuant to &#xA7; 37.2-805.1, upon finding by clear
and convincing evidence that (i) the person has severe and persistent mental
illness that significantly impairs the person&#8217;s capacity to exercise
judgment or self-control, as confirmed by the evaluation of a licensed
psychiatrist; (ii) such condition is unlikely to improve in the foreseeable
future; and (iii) the guardian has formulated a plan for providing ongoing
treatment of the person&#8217;s illness in the least restrictive setting
suitable for the person&#8217;s condition.

D. A guardian need not be appointed for a person who has appointed an agent
under an advance directive executed in accordance with the provisions of Article
8 (&#xA7; 54.1-2981 et seq.) of Chapter 29 of Title 54.1, unless the court
determines that the agent is not acting in accordance with the wishes of the
principal or there is a need for decision making outside the purview of the
advance directive. A guardian need not be appointed for a person where a health
care decision is made pursuant to, and within the scope of, the Health Care
Decisions Act (&#xA7; 54.1-2981 et seq.).
			A conservator need not be appointed for a person (i) who has appointed an
agent under a durable power of attorney, unless the court determines pursuant to
the Uniform Power of Attorney Act (&#xA7; 64.2-1600 et seq.) that the agent is
not acting in the best interests of the principal or there is a need for
decision making outside the purview of the durable power of attorney or (ii)
whose only or major source of income is from the Social Security Administration
or other government program and who has a representative payee.

E. All orders appointing a guardian shall include the following statements in
conspicuous bold print in at least 14-point type:

   1. Pursuant to &#xA7; 64.2-2009 of the Code of Virginia, (name of guardian),
   is hereby appointed as guardian of (name of respondent) with all duties and
   powers granted to a guardian pursuant to &#xA7; 64.2-2019 of the Code of
   Virginia, including but not limited to: (enter a statement of the rights
   removed and retained, if any, at the time of appointment; whether the
   appointment of a guardian is a full guardianship, public guardianship pursuant
   to &#xA7; 64.2-2010 of the Code of Virginia, limited guardianship pursuant to
   &#xA7; 64.2-2009 of the Code of Virginia, or temporary guardianship; and the
   duration of the appointment).

   2. Pursuant to the provisions of subsection E of &#xA7; 64.2-2019 of the Code
   of Virginia, a guardian, to the extent possible, shall encourage the
   incapacitated person to participate in decisions, shall consider the expressed
   desires and personal values of the incapacitated person to the extent known,
   and shall not restrict an incapacitated person&#8217;s ability to communicate
   with, visit, or interact with other persons with whom the incapacitated person
   has an established relationship, unless such restriction is reasonable to
   prevent physical, mental, or emotional harm to or financial exploitation of
   such incapacitated person and after consideration of the expressed wishes of
   the incapacitated person. Such restrictions shall only be imposed pursuant to
   &#xA7; 64.2-2019.1.

   3. Pursuant to &#xA7; 64.2-2020 of the Code of Virginia, an annual report
   shall be filed by the guardian with the local department of social services
   for the jurisdiction where the incapacitated person resides.

   4. Pursuant to &#xA7; 64.2-2012 of the Code of Virginia, all guardianship
   orders are subject to petition for restoration of the incapacitated person to
   capacity; modification of the type of appointment or areas of protection,
   management, or assistance granted; or termination of the guardianship. In lieu
   of such a petition, if the person subject to the guardianship is not
   represented by counsel, such person may initiate the process by sending
   informal written communications to the court. All orders appointing a
   guardian, conservator, or both shall include the current mailing address,
   email address, and physical address of the court issuing the order and to
   which such informal written communication shall be directed.

HISTORY: 1997, c. 921, § 37.1-134.14; 1998, c. 582; 2005, c. 716, § 37.2-1009;
2009, cc. 211, 268; 2010, cc. 455, 632; 2012, c. 614; 2016, c. 31; 2020, c. 855;
2022, c. 630; 2023, cc. 460, 595; 2024, c. 820.