                                 CODE OF VIRGINIA

PETITION FOR RESTORATION, MODIFICATION, OR TERMINATION; EFFECTS (§ 64.2-2012)

A. Upon petition by the incapacitated person, the guardian or conservator, or
any other person or upon motion of the court, the court may (i) declare the
incapacitated person restored to capacity; (ii) modify the type of appointment
or the areas of protection, management, or assistance previously granted or
require a new bond; (iii) terminate the guardianship or conservatorship; (iv)
order removal of the guardian or conservator as provided in &#xA7; 64.2-1410; or
(v) order other appropriate relief. The fee for filing the petition shall be as
provided in subdivision A 42 of &#xA7; 17.1-275.

A1. Instead of the filing of a petition or upon motion provided by subsection A,
if the person subject to the guardianship or conservatorship is not represented
by counsel, such person may initiate the process to be restored to capacity or
have guardianship or conservatorship modified or terminated by informal written
communication to the court.
			Upon receipt of such informal written communication, the court shall review
the communication to determine whether there is good cause to take action and
may (i) set the matter for hearing pursuant to the provisions of this section or
(ii) take no action if there is not good cause for such a hearing. The court
shall communicate its decision to the incapacitated person and any guardian,
conservator, and guardian ad litem then serving. Any court response, whether to
set the matter for hearing or take no action, shall be issued in the form of a
court order.
			No filing fee shall be assessed for the receipt of such informal
communication.

B. In the case of a petition for modification to expand the scope of a
guardianship or conservatorship, the incapacitated person shall be entitled to a
jury, upon request. Notice of the hearing and a copy of the petition shall be
personally served on the incapacitated person and mailed to other persons
entitled to notice pursuant to &#xA7; 64.2-2004. The court shall appoint a
guardian ad litem for the incapacitated person and may appoint one or more
licensed physicians or psychologists or licensed professionals skilled in the
assessment and treatment of the physical or mental conditions of the
incapacitated person, as alleged in the petition, to conduct an evaluation. Upon
the filing of any other such petition or upon the motion of the court, and after
reasonable notice to the incapacitated person, any guardian or conservator, any
attorney of record, any person entitled to notice of the filing of an original
petition as provided in &#xA7; 64.2-2004, and any other person or entity as the
court may require, the court shall hold a hearing. Upon the filing of any
petition or submission of informal written communications pursuant to subsection
A1, the incapacitated person has a right to be represented by counsel, and the
provisions of &#xA7; 64.2-2006 shall apply, mutatis mutandis.

C. An order appointing a guardian or conservator may be revoked, modified, or
terminated upon a finding that it is in the best interests of the incapacitated
person and that:

   1. The incapacitated person is no longer in need of the assistance or
   protection of a guardian or conservator;

   2. The extent of protection, management, or assistance previously granted is
   either excessive or insufficient considering the current need of the
   incapacitated person;

   3. The incapacitated person&#8217;s understanding or capacity to manage his
   estate and financial affairs or to provide for his health, care, or safety has
   so changed as to warrant such action; or

   4. Circumstances are such that the guardianship or conservatorship is no
   longer necessary or is insufficient.

D. The court shall declare the person restored to capacity and discharge the
guardian or conservator if, on the basis of evidence offered at the hearing, the
court finds by a preponderance of the evidence that the incapacitated person has
substantially regained his ability to (i) care for his person in the case of a
guardianship or (ii) manage and handle his estate in the case of a
conservatorship.
			In the case of a petition for modification of a guardianship or
conservatorship, the court shall order (a) limiting or reducing the powers of
the guardian or conservator if the court finds by a preponderance of the
evidence that it is in the best interests of the incapacitated person to do so,
or (b) increasing or expanding the powers of the guardian or conservator if the
court finds by clear and convincing evidence that it is in the best interests of
the incapacitated person to do so.
			The court may order a new bond or other appropriate relief upon finding by a
preponderance of the evidence that the guardian or conservator is not acting in
the best interests of the incapacitated person or of the estate.

E. The powers of a guardian or conservator shall terminate upon the death,
resignation, or removal of the guardian or conservator or upon the termination
of the guardianship or conservatorship.
			A guardianship or conservatorship shall terminate upon the death of the
incapacitated person or, if ordered by the court, following a hearing on the
petition of any interested person.

F. The court may allow reasonable compensation from the estate of the
incapacitated person to any guardian ad litem, attorney, or evaluator appointed
pursuant to this section. Any compensation allowed shall be taxed as costs of
the proceeding.

HISTORY: 1997, c. 921, § 37.1-134.16; 2005, c. 716, § 37.2-1012; 2012, c. 614;
2021, Sp. Sess. I, c. 427; 2024, c. 820.