                                 CODE OF VIRGINIA

WHEN NO GUARDIAN OR CONSERVATOR APPOINTED WITHIN ONE MONTH OF ADJUDICATION (§
64.2-2015)

A. If a person is adjudicated incapacitated and in need of a guardian or
conservator and the court has not identified any person to serve as guardian or
conservator within one month from the adjudication, the court may appoint a
local or regional program of the Virginia Public Guardian and Conservator
Program authorized by the Department for Aging and Rehabilitative Services
pursuant to Article 6 (&#xA7; 51.5-149 et seq.) of Chapter 14 of Title 51.5. If
there is no such local or regional program within the court&#8217;s
jurisdiction, the court may appoint any local or regional program within 60
miles of the residence of the incapacitated person as identified by the
Department for Aging and Rehabilitative Services. However, the court shall not
appoint any such local or regional program that has reached or exceeded its
ideal ratio of clients to staff pursuant to regulations adopted by the
Department for Aging and Rehabilitative Services under &#xA7; 51.5-150.

B. If any person appointed as a fiduciary under this title refuses the trust or
fails to give bond as required within one month from the date of his
appointment, the court, on motion of any interested person, may appoint some
other person as fiduciary, taking from the fiduciary the bond required, or shall
commit the estate of the respondent to the sheriff of the county or city where
the respondent is an inhabitant; and the sheriff shall be the fiduciary, and he
and the sureties in his official bond shall be bound for the faithful
performance of the trust.

HISTORY: Code 1950, § 37-145; 1950, p. 923; 1968, c. 477, § 37.1-137; 1971,
Ex. Sess., c. 155; 1976, c. 671; 1997, c. 921, § 37.1-134.19; 1998, c. 787;
2005, cc. 712, 716, § 37.2-1015; 2012, cc. 614, 803, 835.