                                 CODE OF VIRGINIA

QUALIFICATION OF GUARDIAN OR CONSERVATOR; CLERK TO RECORD ORDER AND ISSUE
CERTIFICATE; RELIANCE ON CERTIFICATE (§ 64.2-2011)

A. A guardian or conservator appointed in the court order shall qualify before
the clerk upon the following:

   1. Subscribing to an oath promising to faithfully perform the duties of the
   office in accordance with all provisions of this chapter;

   2. Posting of bond, but no surety shall be required on the bond of the
   guardian, and the conservator&#8217;s bond may be with or without surety, as
   ordered by the court; and

   3. Acceptance in writing by the guardian or conservator of any educational
   materials provided by the court.

B. Upon qualification, the clerk shall issue to the guardian or conservator a
certificate with a copy of the order of appointment appended thereto. The clerk
shall record the order in the same manner as a power of attorney would be
recorded and shall, in addition to the requirements of &#xA7; 64.2-2014, provide
a copy of the order to the commissioner of accounts. It shall be the duty of a
conservator having the power to sell real estate to record the order in the
office of the clerk of any jurisdiction where the respondent owns real property.
If the order appoints a guardian, the clerk shall promptly forward a copy of the
order of appointment and a copy of the certificate of qualification to the local
department of social services in the jurisdiction where the respondent then
resides and a copy of the order of appointment to the Department of Medical
Assistance Services.

C. A conservator shall have all powers granted pursuant to &#xA7; 64.2-2021 as
are necessary and proper for the performance of his duties in accordance with
this chapter, subject to the limitations that are prescribed in the order. The
powers granted to a guardian shall only be those powers enumerated in the court
order.

D. Any individual or entity conducting business in good faith with a guardian or
conservator who presents a currently effective certificate of qualification may
presume that the guardian or conservator is properly authorized to act as to any
matter or transaction, except to the extent of any limitations upon the
fiduciary&#8217;s powers contained in the court&#8217;s order of appointment.

   1. A person that refuses in violation of this subsection to accept a
   certificate of qualification is subject to (i) a court order mandating
   acceptance of the certificate of qualification and (ii) liability for
   reasonable attorney fees and costs incurred in any action or proceeding that
   confirms the validity of the certificate of qualification or mandates
   acceptance of the certificate of qualification.

   2. A person shall either accept or reject a certificate of qualification no
   later than seven business days after presentation of such certificate of
   qualification for acceptance. A person is not required to accept a certificate
   of qualification for a transaction if:
   				a. Engaging in the transaction with the guardian or conservator would be
   inconsistent with state or federal law;
   				b. The person has actual knowledge of the termination of the authority of
   the guardian or conservator or of the certificate of qualification before
   exercise of the power;
   				c. The person in good faith believes that the certificate of qualification
   is not valid or that the guardian or conservator does not have the authority
   to perform the act requested; or
   				d. The person believes in good faith that the transaction may involve,
   facilitate, result in, or contribute to financial exploitation.

HISTORY: 1997, c. 921, § 37.1-134.15; 1998, c. 582; 2005, c. 716, § 37.2-1011;
2012, c. 614; 2016, c. 30; 2020, c. 702; 2024, cc. 17, 156.