                                 CODE OF VIRGINIA

CLERK TO INDEX FINDINGS OF INCAPACITY OR RESTORATION; NOTICE OF FINDINGS (§
64.2-2014)

A. A copy of the court&#8217;s findings that a person is incapacitated or has
been restored to capacity, or a copy of any order appointing a conservator or
guardian pursuant to &#xA7; 64.2-2115, shall be filed by the judge with the
clerk of the circuit court for the county or city where the hearing took place
as soon as practicable, but no later than the close of business on the next
business day following the completion of the hearing. The clerk shall properly
index the findings in the index to deed books by reference to the order book and
page whereon the order is spread and shall immediately notify the Commissioner
of Behavioral Health and Developmental Services in accordance with &#xA7;
64.2-2028, the commissioner of accounts in order to ensure compliance by a
conservator with the duties imposed pursuant to &#xA7;&#xA7; 64.2-2021,
64.2-2022, 64.2-2023, and 64.2-2026, and the Commissioner of Elections with the
information required by &#xA7; 24.2-410. If a guardian is appointed, the clerk
shall forward a copy of the court order to the local department of social
services of the jurisdiction where the person then resides and to the Department
of Medical Assistance Services. If a guardianship is terminated or otherwise
modified, the clerk shall forward a copy of the court order to the local
department of social services to which the original order of appointment was
forwarded, to the local department of social services in the jurisdiction where
the person then resides, if different from the department to which the original
order was forwarded, and to the Department of Medical Assistance Services.

B. The clerk shall, as soon as practicable, but no later than the close of
business on the following business day, certify and forward upon receipt to the
Central Criminal Records Exchange, on a form provided by the Exchange, a copy of
any order adjudicating a person incapacitated under this article, any order
appointing a conservator or guardian pursuant to &#xA7; 64.2-2115, and any order
of restoration of capacity under &#xA7; 64.2-2012. Except as provided in
subdivision A 1 of &#xA7; 19.2-389, the copy of the form and the order shall be
kept confidential in a separate file and used only to determine a person&#8217;s
eligibility to possess, purchase, or transfer a firearm.

HISTORY: 1997, c. 921, § 37.1-134.18; 1998, c. 582; 2001, cc. 478, 479, 507;
2005, c. 716, § 37.2-1014; 2011, c. 518; 2012, c. 614; 2013, c. 542; 2014, cc.
336, 374; 2015, c. 540; 2016, c. 30.