                                 CODE OF VIRGINIA

DUTIES AND POWERS OF GUARDIAN (§ 64.2-2019)

A. A guardian stands in a fiduciary relationship to the incapacitated person for
whom he was appointed guardian and may be held personally liable for a breach of
any fiduciary duty to the incapacitated person. A guardian shall not be liable
for the acts of the incapacitated person unless the guardian is personally
negligent. A guardian shall not be required to expend personal funds on behalf
of the incapacitated person.

B. A guardian&#8217;s duties and authority shall not extend to decisions
addressed in a valid advance directive or durable power of attorney previously
executed by the incapacitated person. A guardian may seek court authorization to
revoke, suspend, or otherwise modify a durable power of attorney, as provided by
the Uniform Power of Attorney Act (&#xA7; 64.2-1600 et seq.). Notwithstanding
the provisions of the Health Care Decisions Act (&#xA7; 54.1-2981 et seq.) and
in accordance with the procedures of &#xA7; 64.2-2012, a guardian may seek court
authorization to modify the designation of an agent under an advance directive,
but the modification shall not in any way affect the incapacitated
person&#8217;s directives concerning the provision or refusal of specific
medical treatments or procedures.

C. A guardian shall maintain sufficient contact with the incapacitated person to
know of his capabilities, limitations, needs, and opportunities and as needed to
comply with the duties imposed upon him pursuant to the order of appointment and
this section and any other provision of law. The guardian shall visit the
incapacitated person as often as necessary and at least three times per year,
with at least one visit occurring every 120 days. Except as otherwise provided
in subsection C1, of the three required visits, at least two visits shall be
conducted by the guardian. The guardian shall conduct at least one of such
visits in person; the second such visit may be conducted by the guardian via
virtual conference or video call between the guardian and incapacitated person,
provided that the technological means by which such conference or call can take
place are readily available.
			The remaining visit may be conducted (i) by the guardian; (ii) by a person
other than the guardian, including (a) a family member or friend monitored by
the guardian or (b) a skilled professional retained by the guardian to perform
guardianship duties on behalf of the guardian and who is experienced in the care
of individuals, including older adults or adults with disabilities; or (iii) via
virtual conference or video call between either the guardian or such family
member or friend monitored by the guardian or skilled professional and the
incapacitated person, provided that the technological means by which such
conference or call can take place are readily available. If a person other than
the guardian conducts any such visit, he shall provide a written report to the
guardian regarding any visit conducted by such person.
			A telephone call shall meet the requirements of this subsection only if such
technological means are not readily available.

C1. If for reasons outside the guardian&#8217;s control the guardian cannot make
an in-person visit to an incapacitated person, then such visit may be conducted
in person by an individual designated by the guardian pursuant to subsection C.
If either the guardian or such individual designated by the guardian is unable
to conduct an in-person visit, then such visit may be conducted virtually
through electronic means such as a virtual conference or video call, or, if such
technological means are not readily available, by telephone.

C2. In the event of a state of emergency or public health crisis in which a
facility in which the incapacitated person resides is not allowing in-person
visitation, visitation requirements required pursuant to subsection C may be met
via a virtual conference or video call between the guardian and incapacitated
person, to the extent feasible for the facility to provide the technological
means by which such conference or call can take place. A telephone call shall
meet the requirements of this subsection only if such technological means are
not readily available.

D. A guardian shall be required to seek prior court authorization to change the
incapacitated person&#8217;s residence to another state, to terminate or consent
to a termination of the person&#8217;s parental rights, or to initiate a change
in the person&#8217;s marital status.

E. A guardian shall, to the extent feasible, encourage the incapacitated person
to participate in decisions, to act on his own behalf, and to develop or regain
the capacity to manage personal affairs. A guardian, in making decisions, shall
consider the expressed desires and personal values of the incapacitated person
to the extent known and shall otherwise act in the incapacitated person&#8217;s
best interest and exercise reasonable care, diligence, and prudence. A guardian
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.

E1. A guardian and any skilled professional retained by such guardian to perform
guardianship duties on behalf of the guardian pursuant to clause (ii) (b) of
subsection C shall complete the training developed by the Department for Aging
and Rehabilitative Services pursuant to &#xA7; 51.5-150.1 within 120 days after
the date of the qualification of such guardian, unless such training was
completed within the past 36 months in conjunction with another guardianship
appointment made pursuant to &#xA7; 64.2-2009. No guardian or skilled
professional retained by such guardian shall be required to complete such
training more frequently than once every 36 months.

F. A guardian shall have authority to make arrangements for the funeral and
disposition of remains, including cremation, interment, entombment,
memorialization, inurnment, or scattering of the cremains, or some combination
thereof, if the guardian is not aware of any person that has been otherwise
designated to make such arrangements as set forth in &#xA7; 54.1-2825. A
guardian shall have authority to make arrangements for the funeral and
disposition of remains after the death of an incapacitated person if, after the
guardian has made a good faith effort to locate the next of kin of the
incapacitated person to determine if the next of kin wishes to make such
arrangements, the next of kin does not wish to make the arrangements or the next
of kin cannot be located. Good faith effort shall include contacting the next of
kin identified in the petition for appointment of a guardian. The funeral
service licensee, funeral service establishment, registered crematory, cemetery,
cemetery operator, or guardian shall be immune from civil liability for any act,
decision, or omission resulting from acceptance of any dead body for burial,
cremation, or other disposition when the provisions of this section are met,
unless such acts, decisions, or omissions resulted from bad faith or malicious
intent.

HISTORY: 1997, c. 921, § 37.1-137.1; 2005, c. 716, § 37.2-1020; 2010, cc. 455,
632; 2012, cc. 463, 614; 2016, cc. 404, 405; 2023, cc. 460, 540; 2024, c. 587.